In the meantime, the work of selecting a jury to try Ruef on the extortion charge was going on with the deadly certainty of the slide of the knife of a guillotine. The second week of the examination of prospective jurors brought Dr. Nieto to Heney’s office. Burns accompanied the Rabbi.
Nieto[216] described himself as no particular friend of Ruef. He expressed the opinion that Ruef should be punished; that he should restore his ill-gotten gains. Heney stated to Nieto his attitude toward Ruef, as he had expressed it many times before. From that time on Dr. Nieto was a frequent caller at Heney’s office, always for the purpose of discussing the question of Ruef’s confession. During all these meetings Heney did not depart a jot from his original position that the extortion charge against Ruef should not be dismissed.
Later on, a second Rabbi, Dr. Bernard M. Kaplan, joined Nieto in these visits to Heney’s office. Kaplan continued active in the negotiations to secure immunity for the fallen boss.[217] Finally Nieto, Kaplan and Ach sent word to Heney and Langdon by Burns that they desired to meet the District Attorney and his assistant at Heney’s office to discuss the immunity question. Heney and Langdon consented and the meeting was held in the latter part of April.
Ach insisted upon complete immunity, but admitted that he had advised Ruef to take the best he could get.[218] Neither Langdon[219] nor Heney would consent to complete immunity, nor to material change in the stand which Heney had taken. Ach wanted assurance that the Judges before whom the bribery cases were pending would, on motion of the District Attorney, dismiss them as to Ruef, and suggested to Heney that he go to the judges and get them to consent to the proposed agreement. To this Heney made emphatic refusal, stating that the utmost he would do would be to go with Ach to Judges Dunne and Lawlor and ask each of them whether he had confidence in him (Heney) and what the Judge’s general practice was in relation to matters of this kind, generally, when they came before his court.
Other conferences[220] were held, at which Ach continued to urge complete immunity for Ruef, which finally brought out emphatic statement from Heney that he did not trust Ruef and would enter into no agreement with him which did not leave it in the power of the District Attorney to send him to the penitentiary if at any time the District Attorney and himself concluded that during the progress of the matters Ruef was acting in bad faith, or that the information which he might give was not of sufficient importance to the people of the city and the State equitably to entitle him to go without punishment.
Heney takes pains all through his affidavit to make it clear that he treated with Nieto and Kaplan at all times upon the theory that they were Ruef’s special pleaders and special representatives, who believed that Ruef was sure to be convicted upon as many of the felony bribery charges as the District Attorney tried him on, and that he would go to the penitentiary for a term of years equivalent to life.
On the night of April 21,[221] when the work of selecting a jury to try Ruef was nearing completion, Ach, Kaplan and Nieto visited Heney’s office with assurance that Ruef had about concluded to accept Heney’s terms. But, they explained, a new difficulty had come up. Rabbi Nieto was to leave San Francisco the next morning for a trip to Europe. Neither he nor Dr. Kaplan was familiar with the practices of the courts, and while the judges would no doubt consider favorably any recommendation which was made by Mr. Langdon or by Mr. Heney, nevertheless, the two Rabbis would like to hear from Judge Dunne and Judge Lawlor statement as to what the practice of each of these judges was in that respect before they urged Ruef any further to accept the terms which had been offered him. As Dr. Nieto was to leave for Europe early in the morning, they wanted to see the judges that night.
Heney assured his visitors that owing to the lateness of the hour, he was afraid it would be impossible for them to see the judges before morning. But they insisted. Burns was finally sent out to find the judges if he could. He succeeded in locating Judge Lawlor at the theater. Judge Lawlor at first refused to see Nieto and Heney that night, stating that they could appear at his chambers the next morning. But Burns explained that Nieto had to leave for Europe the next morning, adding that he was sure that both Nieto and Heney would consider it a great favor if the Judge would see them that night, as the matter was very important. Lawlor finally consented to see them, but stated that he would do so only at his chambers, if, as he understood it, Heney and Nieto wanted to see him about his duties as judge. Burns took word back to Heney’s office that they could go to Judge Lawlor’s chambers, where the Judge would go as soon as the theater was over.
Heney, Kaplan and Nieto met Lawlor at his chambers. Heney went straight at the purpose of the meeting.
“Judge,” Heney sets forth in his affidavit he said in substance, “we come up here tonight to ask you what the practice of your court is in criminal cases in relation to recommendations which may be made by the District Attorney?”