This affidavit deals with the Graft Prosecution from its beginning down to the spring of 1908. This document was filed in the case of The People vs. Patrick Calhoun et als., No. 823.
See [Chapter XVI], page [211], and footnote [119], page [111].
This is the same Ach who dramatically left the Ruef defense at the time of Ruef’s plea of guilty to extortion. See Chapter XV, page 204.
For immunity contract see page xix of the Appendix. For the negotiations upon which Ach’s claim was based see Chapter XV.
Heney sets forth in his affidavit that Ach’s claim did not surprise him. He says of Ach’s statement: “I was not very much surprised by its substance as I had long before commenced to suspect that Ruef, Ach, Dr. Kaplan and Dr. Nieto would claim eventually that such agreement existed in regard to case number 305 (the extortion case) if it became necessary to do so in order to keep Ruef out of the penitentiary. In fact I would not have been greatly surprised by anything that Ach might have claimed, as I have learned to know him pretty well and am sometimes at a loss to decide whether he or Ruef is entitled to first place as an artistic and imaginative ‘equivocator,’ to use Ruef’s language.”