That night, according to Heney, Rabbis Nieto and Kaplan, with Ruef’s attorney, Henry Ach,[312] appeared at Heney’s office. Ach announced in substance, according to Heney’s affidavit, that inasmuch as Heney and Langdon had promised to permit Ruef to withdraw his plea of guilty to the extortion charge, and then dismiss the case, as a condition upon which Ruef signed the immunity contract,[313] the time had arrived when, in justice to Ruef, this ought to be done.[314]
Heney let Ach finish.
“We might as well understand each other,” Heney then announced. “You know perfectly well that I did not at any time make any such promise to Ruef or to you, or to any one present, or to any one else on earth.”
Heney then recited the exact terms of his promise.[315] Both Kaplan and Nieto agreed with him that his statement was correct, but Kaplan insisted that he had understood that Ruef was to be allowed to withdraw his plea, arguing that he had told the truth and that his evidence was very important.
“Ruef lied to us,” answered Heney emphatically, “in the French Restaurant case, and I proved it to him in this very room, and he simply laughed in my face. He also lied to us in all the other cases. He is not entitled to immunity in any case, and I not only will not permit him to withdraw his plea of guilty in case number 305, but on the contrary it is my present intention to ask the court in that case to give him no leniency whatever, but to sentence him for the maximum term which is prescribed by law.”
Heney suggested that Ruef’s representatives take this word back to their principal.
“Ruef,” Heney concluded, “tried to job the prosecution and he has only succeeded in jobbing himself into the penitentiary.”
Ten days later, when Heney made his opening statement before the first Ford jury, he carefully refrained from stating that the prosecution expected to prove any fact that necessarily depended in whole or in part upon Ruef’s testimony. And with all San Francisco on tiptoe of expectancy,[316] Heney closed the case of The People without putting Ruef on the stand.[317]
The defense offered no evidence. The case went to the jury on the evidence which the prosecution had presented. The jury failed to agree, eight standing for acquittal, and four for conviction.
General Ford was immediately brought to trial for the second time. The case selected was for the bribery of Supervisor Jennings Phillips.