However, Ruef’s last motion delayed the taking of testimony for two days more.
Upon Judge Dunne’s ruling the next move would have been the placing of witnesses on the stand. But before this could be done, Ruef whispered to his attorney, Ach. Ach arose and addressed the Court.
“I am requested by our client, your Honor,” Ach said in substance, “that it is his desire to have a conference with his counsel. I would like to draw your Honor’s attention to the fact that up to this time Mr. Ruef has not had a single opportunity to confer with his counsel alone. If the elisor, or the guards, were not in the same room they were quite close by. I think, in view of this fact, that we might be granted an adjournment until say two o’clock of this afternoon so that Mr. Ruef may have this privilege of conferring with us.”
Heney promptly denied Ach’s statement. “What Mr. Ach has stated is not a fact,” said Heney. “Mr. Ruef has always been granted privacy in his conference with counsel.”
On Langdon’s suggestion, a half hour’s recess was granted to allow Ruef to confer with counsel. With his attorneys, Henry Ach, Samuel M. Shortridge, Frank J. Murphy and Judge Fairall, Ruef went into Judge Dunne’s chambers for conference.
On their return to the courtroom, Ach and Shortridge, with Ruef’s consent, withdrew from the case on the ground that they could not agree with Ruef as to the manner in which the case should be conducted. Fairall and Murphy remained by their client.
And then Ruef, the tears streaming down his face, addressed the Court. He stated his intent to acknowledge whatever there may have been of wrong or mistake in his record, and pledged himself, so far as it lay in his power to make it right.[227]
“I desire,” concluded Ruef, “to withdraw my plea of not guilty heretofore entered, and to enter the contrary plea, and at the proper time submit to the Court further suggestions for its consideration.[228]
“If the defendant wishes to change his plea of ‘not guilty’ to ‘guilty,’” said Heney, “the prosecuting attorney will consent to the discharge of the jury, as he requests, but we think the indictment should first be re-read so that he may enter the plea as he wishes.”
The indictment was read.