"The System," As Uncovered by the San Francisco Graft ProsecutionHichborn, Franklin
History
"The System," As Uncovered by the San Francisco Graft Prosecution
Hichborn, Franklin
Political corruption -- California -- San Francisco; San Francisco (Calif.) -- Politics and government
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.
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]
Public-domain text, read in full here on John Shaqi.
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