Nevertheless, the persistent Ruef got an interview with Heney. He secured it in this way:
After Heney had retired on the night of May 1st, Burns called him up on the telephone, to state that if Heney would give Ruef a moment’s interview that Burns was confident that Ruef would accept Heney’s proposition. Heney granted the hearing.
Ruef plead for complete immunity. He argued that for him to plead guilty to the extortion charge would weaken his testimony in the bribery cases. He urged that public opinion would approve his release. He charged Heney with being prejudiced against him.
Heney listened to him patiently, but refused to consider any suggestion that he alter the original proposition.
By this time ten jurors had been secured to try Ruef. Ruef begged for an interview with Langdon. It was granted, with Heney and others present. The same ground was gone over again; the same denials made. And then Heney bluntly told Ruef in substance: “You must plead guilty in case No. 305 and take your chances on the sentence which will be imposed in that case. This is our ultimatum and you must agree to this before the first witness is sworn in case No. 305, or we will withdraw our proposition and will never again renew it, or any other proposition looking to any sort of leniency or immunity for you.”[222]
The day following, Burns brought word to Heney that Ruef had concluded to accept the Prosecution’s proposition, and had begun his confession by reciting the particulars of the United Railroad’s bribery. Burns recited what Ruef had told him. Burns’s enthusiasm suffered a shock from Heney’s cool analysis of Ruef’s statement.[223]
Heney pointed out that Ruef had made no revelation which the Prosecution had not known before, and further that Ruef was certainly concealing part at least of what had occurred between him and General Ford. Heney was now convinced of Ruef’s treachery.[224] Ruef’s future course tended to strengthen this conviction.
Having agreed to make full statement of his connection with the bribing of the Supervisors, Ruef haggled over the form of immunity contract. He endeavored to force upon the Prosecution a contract of his own drawing. Failing in that he tried to persuade Heney and Langdon to enter into a stipulation that he might withdraw his plea of guilty in the extortion case.
In neither move was he successful. Heney refused to depart a jot from his original proposition. Ruef finally accepted the immunity contract which Heney had submitted.[225]
Even after the immunity contract had been signed, Ruef continued to urge Burns that he be not required to plead guilty. The prosecution was not sure what Ruef would do. The examination of jurors to try him went on. The jury was completed on May 13,[226] and was sworn. But the actual taking of testimony was delayed by Ruef demanding change of venue from Judge Dunne’s court. This motion after the filing of numerous affidavits by both sides, was denied.