By this time it was generally known among the Supervisors that Lonergan, Walsh and Boxton had been trapped, that at least two of them had made statements to the prosecution. Furthermore, there were rumors that other members had been to the prosecution and made confessions.
Gallagher explained the seriousness of the situation.[164] He explained to them the immunity proposition which the prosecution had made, and stated that the matter rested in their hands. He said that he was willing to sacrifice himself, if necessary, but that the whole matter was with them to decide.
Wilson and Boxton urged that the terms offered by the prosecution be accepted.[165]
The Supervisors present were at first divided. Some of them announced that they would take the attitude of denying all graft.
“Very well,” replied Gallagher, “any one who wants to take that attitude will be excused from further discussion.”
But none of the troubled officials left the room.
Boxton stated that he would involve Gallagher in a statement, and that Gallagher would have to testify to all the money transactions he had had with the board. The Supervisors knew, even then, that Gallagher had already been involved by the confessions of Walsh and Lonergan. Under the urging of Gallagher, Wilson and Boxton, they finally decided to make confession.
Ruef was not present at that last secret caucus of the Schmitz-Ruef Board of Supervisors.
Gallagher took back word to Spreckels that he had communicated to the Supervisors the message which Spreckels had delivered to him from the District Attorney, to the effect that immunity would be granted to the Supervisors, provided they would make sworn declaration of the crimes in which they were involved, giving a truthful account of all matters. The Supervisors, Gallagher told Spreckels, had decided to accept the proposition, and would meet the District Attorney for the purpose of making their statements.
Gallagher rather tardily asked immunity for Ruef, but Spreckels stated that he had not discussed this feature with the District Attorney, and that Gallagher would himself have to take the matter up with the authorities directly.