See [Chapter III].
President Calhoun’s denunciation of Heney was scarcely consistent with the high regard in which Heney was at the opening of the prosecution, held by the United Railroads’ executives. So well did they think of Heney that they selected him to sit on the Board of Arbitration which met late in 1906 to adjust differences between the United Railroads and its employees. This fact was given by Acting Mayor Gallagher as one of the reasons for removing Langdon from office, in October, 1906, when the Graft Prosecution opened. Specification 7 of Gallagher’s order removing Langdon because of the appointment of Heney reads: “Specification 7, That said Francis J. Heney at and prior to the time of his appointment as assistant district attorney was the representative of the corporation controlling the street-car system of said city and county (The United Railroads), in a certain dispute between said corporation and its employees. That the appointment of said Heney to said office will, in regard to the enforcement of law against said corporation, be prejudicial and detrimental to the interests of said city and county.”
Heney resigned his position as arbitrator in the United Railroads controversy soon after the prosecution opened.
The graft defendants sent men to Arizona to have Heney indicted, charging murder of a Dr. Handy. Years before, Heney had taken the case of Handy’s wife in divorce proceedings, after other attorneys had declined it because of fear of Handy. Handy had boasted that he would kill the man who took his wife’s case. After Heney had agreed to represent Mrs. Handy, Handy announced that he would kill Heney with Heney’s own gun. He actually attempted this, and Heney, in self-defense, shot him. Heney was exonerated at the time. When the graft trials opened, first representatives of Ruef, and then representatives of the United Railroads went to Arizona for the purpose of working up this case against Heney, and if possible secure his indictment for murder. Ruef’s representatives even went so far as to attempt to secure the services of Handy’s son to get Heney indicted. Young Handy went to Heney, told him what was going on, and offered to go to Arizona to protect Heney. But Heney declined to permit this sacrifice. Young Handy expressed gratitude for what Heney had done for his mother. Heney’s brother, Ben Heney, with full knowledge of what was going on, watched the efforts of those who were endeavoring to make this case, long since disposed of, a matter of embarrassment to the prosecutor. As the graft defense investigators found nothing upon which to base a charge this move against the graft prosecution failed.
Dean John H. Wigmore of the Northwestern School of Law at Chicago, author of Wigmore on Evidence, made sharp reply to this contention. In a letter to President Calhoun, dated August 10, 1909, Dean Wigmore said:
“Chicago, 87 Lake Street, 10 August, 1909.
“Mr. Patrick Calhoun, San Francisco.