Such considerations led to Ruef devoting his days to resistance of the proceeding against him in the trial court, where a jury to try him on one of the five extortion charges on which he had been indicted, was being impaneled, while his nights were given to scheming to wring from the District Attorney immunity from punishment for the extortions and briberies which had been brought to his door.
The period was one of activity for both District Attorney and Ruef. On the whole, however, the District Attorney had the liveliest time of it.
To be sure, Ruef had been brought before the trial judge; that is to say, the impaneling of a trial jury had begun, but Ruef’s technical fight had not been abandoned for a moment.
The appearance of Ruef under arrest was signal for a fight to have him admitted to bail. But release under bonds Judge Dunne denied him on the ground of the immediate approach of his trial, and because he had attempted to put himself beyond the process of the court. Ruef’s attorneys appealed to the United States District Court for a writ of habeas corpus, but this was denied them. His attorneys filed affidavits alleging bias and prejudice on the part of Judge Dunne against Ruef, and demanding a change of venue. And with these various motions, all of which the District Attorney was called upon to meet, was the appeal from Judge Hebbard’s order to the Federal Supreme Court, which was considered in a previous chapter.
The actual work of drawing a jury to try Ruef began on March 13,[209] eight days later than the date originally set for trial. The State was represented by District Attorney Langdon, Francis J. Heney and Hiram W. Johnson. At the defense end of the table with Schmitz and Ruef were Attorneys Joseph C. Campbell, Samuel M. Shortridge, Henry Ach, Charles A. Fairall and J. J. Barrett. But it developed that one of the four citizens drawn for jury service was not in the courtroom. The defense objected to proceeding during the absence of the venireman. The hearing was accordingly postponed. Because of one technical obstruction and another, the work of impaneling the trial jury was delayed until April 2. Even after that date there were interruptions, but the work of securing the jury[210] went on until May 13, when the twelfth man to try Ruef was accepted.
But while Ruef was making this brave fight in public to head off trial on the extortion charge, behind the scenes he was imploring representatives of the Prosecution to grant him immunity from punishment in return for such confession as he might see fit to make.
As early as March 20, Ruef sent word to Heney through Burns[211] that he was willing to make confession, provided he were given immunity from punishment for all crimes which he had committed or in which he had participated.
Heney refused absolutely to consider any arrangement which involved complete immunity for Ruef. Negotiations on the basis of partial immunity followed.[212]
Heney, on the ground that he did not trust any of Ruef’s lawyers, refused to discuss the matter with them, but stated that he would meet any lawyer in whom he had confidence to negotiate terms of partial immunity, provided that Ruef’s representative were permitted:
(1) To give the names of Ruef’s accomplices who would be involved by his testimony.