In his affidavit, Heney quotes Rabbi Nieto as saying In substance: “I do not care to get publicly mixed up in the Ruef case, because among other things, I am not a particular friend of Ruef’s, and am not interested in the matter as an individual but only in the welfare of this community. I think that Ruef has grievously sinned against this community and that he can do a great deal to undo the wrongs which he has committed and to clear up the situation, and I have told him that it is his duty to himself and to his family and to the city of his birth to do so. I want you to understand, Mr. Heney, that I have not come here to ask you to let Ruef go free and without punishment. I think he ought to be punished, and I think he ought to give a large part of the money which he obtained from these corporations to the city to improve its streets. He ought to give $300,000 for that purpose, but Ruef thinks more of money than he does of his family, or even of his liberty, and I think he would rather go to the penitentiary than give up any very large amount of it.”
Heney, in his affidavit, makes the following statement of his impression of Kaplan: “Dr. Kaplan appeared to be far more interested in finding out just what would be done to Ruef, provided he plead guilty in the French Restaurant case than he was in the moral issue which was involved in the discussion, or in the beneficial effect which the testimony of Ruef might have upon the deplorable situation then existing in San Francisco on account of its municipal corruption.
“This was evidenced more from his manner and form of questioning than by anything which he said. I immediately became convinced that he was influenced by no motive or purpose other than that of getting Ruef off without any punishment if possible; but I also formed the opinion that he was honest and unsophisticated.”
Heney, in his affidavit, states: “During the conversation Ach stated, in substance: ‘You can’t convict Ruef in this French Restaurant case, but I realize that you are sure to convict him in some of the bribery cases, and I think it is useless for him to stand out and fight any longer, he had better take the best he can get, and I have told him so. He insists, however, that he ought not to be required to plead guilty in the French Restaurant case, or to submit to any punishment.’”
In the course of the interview, Langdon stated to Ach and the two Rabbis that he had authorized Heney to conduct the negotiations for him, but that he wanted it to be distinctly understood by everybody that he had the final say in the matter and would exercise it, and that no agreement could be concluded without his personal sanction.
Heney, In his affidavit describing these meetings, states that Ach, Kaplan and Nieto habitually came In the back way so they would not be seen by newspaper reporters who at the time frequented the front halls of the private residence in which Heney, after the fire, had his offices. Ach, Heney states, was desirous of not being known as party to the negotiations. Heney in his affidavit says: “In this same conversation (at the first conference) Ach said in substance: ‘I want everybody here to agree that the fact that I participated in this conference, or had anything to do with advising Ruef to turn state’s evidence, shall never be made known; it would absolutely ruin my business if it became known. A lot of the people whom Ruef will involve as accomplices are close friends of clients of mine. Of course I do not know just whom he will involve, but I do have a general idea. For instance, while he has never told me so in so many words, I understand that he will involve William F. Herrin. Now just to illustrate to you how it would affect me in business if it was known that I participated in urging Ruef to do this I will tell you that I am attorney for one company, an oil company, that pays me ten thousand dollars a year as a salary for attending to its business, and Herrin is one of the directors of the company and undoubtedly has sufficient influence with the other directors to take this client away from me. This is only one instance, and there are many others.’”