CHAPTER XXV.
The Shooting of Heney.

In spite of the sensational events following the trapping of Blake, the work of impaneling a jury to try Ruef went steadily on. After months of effort,[405] a jury was finally sworn to try the case.

Again the telling of the sordid story of the city’s betrayal commenced.

Gallagher, the pivotal witness, had begun his sorry recital. In the midst of it occurred what those who had followed the methods of the graft defense had long predicted.

Assistant District Attorney Heney was shot down.[406] The shooting occurred in open court during a brief recess.

Heney was seated at his place at the attorneys’ table talking with an assistant. The jury had left the courtroom. Gallagher had for the moment left the witness box and was standing a few feet from Heney waiting opportunity to speak with him. A few feet further away was Heney’s body guard. In the room were something more than 200 citizens waiting for the trial to be resumed. There was the usual confusion which attends a five-minute court recess. Court attaches, officials, attorneys, citizens were passing to and fro without hindrance.

The man who shot Heney had no difficulty in gaining access to the courtroom. He walked deliberately to the attorneys’ table, and before he was even noticed, had fired deliberately at the Assistant Prosecutor. The gun was held not more than six inches from Heney’s head. In an instant, Heney’s bodyguard was upon the assassin. But the bodyguard’s efforts came late. Heney, apparently mortally wounded, was lying unconscious on the floor, the blood gushing from a ragged hole in front of the right ear, just under the temple.[407]

Heney’s assailant was found to be one Morris Haas, an ex-convict, who had succeeded in securing a place on the jury at the former Ruef trial. Heney had exposed him.[408] When it was demanded of him why he had attempted to kill Heney, he murmured incoherently, that it was “for humanity’s sake.” Although closely questioned Haas would tell little of value to those who were seeking to get at the real motive behind the assault. He was thoroughly searched both by Detective Burns and Captain of Police Thomas Duke, and then taken to the county jail where he was closely guarded.

A short time before the shooting of Heney, Judge Lawlor had had attorneys of both sides before him to state that in his judgment, he should remand Ruef, who was out of jail under heavy bonds, to the custody of the Sheriff for the remainder of the trial. Shortly after this conference Heney had been shot down.

When the court had re-convened, and the jury had been dismissed for the day, Judge Lawlor carried out his intention and ordered the Sheriff to take charge of Ruef. The shooting had occurred on Friday afternoon, November 13. The court adjourned until the following Monday.[409]