[211] Heney, in instructing Burns as to his policy regarding Ruef, took occasion to state to the detective his attitude toward the broken boss. In an affidavit filed in the case of The People vs. Calhoun et al., No. 823, Heney sets forth that he told Burns: "Ruef was not a mere accessory or tool in the commission of these briberies. He is a man of extraordinary brain power, keen intelligence, fine education, with the choice of good environment, great power of persuasion over men, dominating personality, great shrewdness and cunning, coupled with a greedy and avaricious disposition. He has not been led into the commission of these crimes through weakness, but on the contrary has aided in the initiation of them and has joined hands with the most vicious and depraved elements in the city to secure unlawful protection for them in conducting their resorts of vice, and has joined hands with the special privilege seeking classes to place improper burdens upon the people of this city by granting franchises to public service corporations which ought never to have been granted, and by fixing rates which may be charged by them in excess of the amounts which such rates ought to be, and thus indirectly robbing the poor people of this city of a large part of their meagre earnings, and that to let Ruef go free of all punishment under such circumstances would be a crime against society." [212] Running through the affidavits which resulted from the differences between the forces of the prosecution and the defense concerning these negotiations, is a thread of suggestion that individual members of the prosecution differed as to the policy that should be followed toward Ruef. Burns, the detective, leaned toward granting him complete immunity. Heney was unalterably opposed to this course. Langdon, on the whole, sided with Heney. [213] See Heney's affidavit in the matter of The People vs. Patrick Calhoun et al., No. 823. [214] Nieto, according to Heney, had endeavored to make it appear that race prejudice entered into the prosecution of Ruef. Heney, in an affidavit filed in the case of The People vs. Calhoun et al., No. 823, tells of Nieto's interference even when the Oliver Grand Jury was being impaneled. Heney says: "During the latter part of October or the first week in November, 1906, while said Grand Jury was being impaneled, Dr. Jacob Nieto introduced himself to me in the court room of Department No. 10, where I had noticed that he was a constant attendant and close observer of the proceedings connected with the impaneling of the Grand Jury.