[215] This case was numbered from the indictment, 305. Schmitz was indicted jointly with Ruef in this indictment, and later was convicted under it and sentenced to five years in the penitentiary. See Chapter XVI. The testimony at the Schmitz trial showed that Ruef had taken the extortion money from the French-Restaurant keepers, after Schmitz had acted with him to imperil the French-Restaurant keepers' liquor licenses, and had given part of the proceeds of the enterprise to Schmitz. [216] In his affidavit, Heney quotes Rabbi Nieto as saying In substance: "I do not care to get publicly mixed up in the Ruef case, because among other things, I am not a particular friend of Ruef's, and am not interested in the matter as an individual but only in the welfare of this community. I think that Ruef has grievously sinned against this community and that he can do a great deal to undo the wrongs which he has committed and to clear up the situation, and I have told him that it is his duty to himself and to his family and to the city of his birth to do so. I want you to understand, Mr. Heney, that I have not come here to ask you to let Ruef go free and without punishment. I think he ought to be punished, and I think he ought to give a large part of the money which he obtained from these corporations to the city to improve its streets. He ought to give $300,000 for that purpose, but Ruef thinks more of money than he does of his family, or even of his liberty, and I think he would rather go to the penitentiary than give up any very large amount of it." [217] Heney, in his affidavit, makes the following statement of his impression of Kaplan: "Dr. Kaplan appeared to be far more interested in finding out just what would be done to Ruef, provided he plead guilty in the French Restaurant case than he was in the moral issue which was involved in the discussion, or in the beneficial effect which the testimony of Ruef might have upon the deplorable situation then existing in San Francisco on account of its municipal corruption. "This was evidenced more from his manner and form of questioning than by anything which he said. I immediately became convinced that he was influenced by no motive or purpose other than that of getting Ruef off without any punishment if possible; but I also formed the opinion that he was honest and unsophisticated."