The prosecution had made progress in trapping the three Supervisors, and in getting confession out of two of them. But at best it was only an opening wedge. The least slip would have lost all the ground gained. The three trapped Supervisors might be sent to State Prison. Had they been, Schmitz with the fifteen Supervisors remaining would have filled their places by appointment. The situation would then be more difficult for the prosecution than ever.
While the agents of the District Attorney were dealing with the complicated problems which the first break in the line of the graft defense brought upon them, Ruef continued a fugitive. Gallagher, Ruef’s immediate representative, realized the seriousness of the situation. He had no real loyalty for Ruef. His one thought was for Gallagher. He could for the moment see no hope for himself, except in the defeat of the prosecution. He accordingly exerted himself to block Burns, and to prevent the conditions of graft in the Board of Supervisors from becoming public.[161] Supervisor Wilson was assisting him. As encouragement, the anxious Ruef had sent Gallagher word by his sister to remain firm. But the leader was gone; Ruef’s grip was loosened. From Gallagher down to the wretched Lonergan, the Supervisors were thinking of saving themselves alone.
Ruef’s word, sent by his sister to Gallagher, was for Gallagher “to sit on the lid.” Gallagher soon after observed to Wilson that “the lid was getting a little warm”; that he thought he would get in touch with the prosecution to see what could be done with the other side. Wilson assured Gallagher that he considered such a move would be a wise one.
Gallagher’s first definite word that as many as three Supervisors had been trapped reached him through Dr. Boxton’s attorney, H. M. Owens. Owens told Gallagher that Boxton had made full statement of the situation to him and that he was convinced, and so was Boxton, that if Boxton went to trial he would be convicted.
The effect of this information upon Gallagher can be appreciated when it is realized that Gallagher, acting as Ruef’s go-between, had himself paid Boxton money. Owens stated further that the question of giving the Supervisors immunity, provided they made complete confession, had been broached, and the suggestion had been made that Gallagher meet some member of the prosecution to discuss this point. The names of Langdon and Burns were suggested, but Gallagher did not care to meet them. He finally agreed, however, to an appointment with Rudolph Spreckels.
Before the meeting between Gallagher and Spreckels took place, Langdon, Heney, Spreckels and Burns had a conference. It was suggested that Spreckels might indicate to Gallagher that the prosecution would like to have his confession and statement, and that the District Attorney would unquestionably be able to extend to him immunity[162] on the strength of his giving full and free, truthful testimony concerning crimes in which he was involved while acting as a Supervisor in connection with the public service corporations and others.
Three meetings were held between Spreckels and Gallagher before the matter was concluded. The meeting-place was in the grounds of the Presidio, the military reservation at San Francisco.
The first of the three meetings was preliminary only. Spreckels explained to Gallagher the aims and purposes of the prosecution.[163] Gallagher would make no admissions, and indicated that under no circumstances would he consider the District Attorney’s immunity proposition unless all the Supervisors were included within its provisions.
After this preliminary meeting, Spreckels conferred with Langdon and Heney. It was agreed that Gallagher’s testimony was essential. He was, indeed, the pivotal witness. The confessions of Lonergan, Boxton and Walsh showed that he had carried the bribe money from Ruef to the Supervisors. Furthermore, the testimony of a majority of the Supervisors would be necessary. Under the circumstances it was decided that immunity could very properly be extended to all the Supervisors.
This decision Spreckels took back to Gallagher. Gallagher called his leaderless associates together.