The position of the Prosecution was most difficult. Every department of the municipal government, with the exception of the District Attorney’s office, was controlled by the corrupt administration, of which Schmitz was the official head. The necessity of dealing with Ruef, and the question of immunity arose primarily and almost entirely, from the fact that there was practically no evidence against Schmitz, except in the French restaurant case, and that there was no evidence in that case that Schmitz received any of the money which was collected by Ruef. Consequently without Ruef’s testimony no conviction of Schmitz was possible at all except in the French restaurant case, and in that case his conviction was not at all certain. Union Labor party adherents were naturally unwilling to believe Schmitz guilty until he had been so proven. The big public service corporations and Herrin of the Southern Pacific were all still in sympathy with him and ready to back him for re-election. An election was approaching early in November. The redemption of the city depended upon taking its control away from Schmitz. The Police Commission and the Board of Public Utilities were part of the corrupt and discredited administration. During the rebuilding of San Francisco it was of vital importance to have these two boards honest. Hence the Prosecution felt justified in going to unusual length to secure the additional testimony against Schmitz, which ought to make his conviction certain in the French restaurant case, and thus immediately depose him from office and place the entire city government in the hands of honest men. The new Mayor could appoint a new Board of Supervisors, new Police Commission and new Board of Public Works, as well as many other important officials; and such new Mayor and Supervisors would be reasonably sure of re-election. Agents of the Public Service corporations realized to the full extent the importance of preventing the conviction of Schmitz, and of forcing the prosecution to submit to the appointment of a new Board of Supervisors before any conviction of Schmitz could possibly be secure so that the new Board of Supervisors, so selected through Schmitz by themselves, would have the power of appointing the new Mayor in case Schmitz were convicted. This new Mayor could appoint a new Police Commission and it in turn a new Chief of Police, and the new officials would be controlled by the same interests which controlled the old ones.
For fuller discussion of this testimony see Chapter “Ruef and Schmitz Indicted.”
“You have not,” said Heney to the trapped boss, “told us all the truth in the United Railroads case. You have not told us all the truth in the case of the gas rate matter. You have not told us all the truth in the Bay Cities Water deal. You have not told us all the truth about the deal with Herrin in relation to the delegates from this city to the Santa Cruz convention. You have not told us all the truth in the telephone franchise matter. You lied to us in the Parkside matter, and I caught you at it before the Grand Jury. You tried to protect Will Crocker in that matter and told Burns before you went into the Grand Jury room that you had never spoken to him on the subject. You swore to the same thing in the Grand Jury room until you cunningly guessed from my questions that Will Crocker himself had told the truth to the Grand Jury, and that I was getting you in a bad hole; you then suddenly pretended to just remember that you had held one conversation with Will Crocker on the trolley franchise matter at the Crocker National Bank that lasted a half an hour, and that you had held another conversation on the street with Will Crocker on the same subject at the corner of California and Kearny streets, which lasted an hour. You had not forgotten either of those talks, but you did not think Will Crocker would testify to them and you wanted to curry favor with him by thus making him think you wanted to protect him, and you did it because he is rich and powerful. You wanted his influence hereafter to help keep you out of trouble, because you have no idea of acting in good faith with the prosecution. I don’t believe you ever acted in good faith with anybody in your life, but you have over-reached yourself this time.”—See Affidavit of Francis J. Heney, in The People vs. Patrick Calhoun et als., No. 823.
This answer came in the face of strong objection from Schmitz’s counsel. Mr. Campbell went so far as to direct Schmitz not to answer. Mr. Barrett’s objection was expressed in a way that caused Judge Dunne to order him to his seat. The several objections were overruled and the witness was directed to answer the question.
Heney, in an affidavit filed in the case of The People vs. Patrick Calhoun et al., No. 823, says of Ruef’s appearance: “I did not at any time see or speak to Ruef, except when he was on the witness stand, and then only from a distance and in open court in the regular course of the trial and in the performance of my duty as a prosecuting officer.”