"The personal character and qualifications of the Grand Jurors were fully brought out in the Ruef case. For weeks they were subjected to a grilling which it was a disgrace to our laws to permit. That was not repeated in the Schmitz case. In that the counsel of the accused have seemed to be relying for overturning a conviction on the alleged over-zealousness of the prosecuting officer. Again, what has that to do with the guilt or innocence of the accused, even if it has occurred? A District Attorney is in possession of all the evidence, and if that is such as to arouse his indignation, shall the people thereby be deprived of all remedy? Obvious misconduct of an attorney is more likely to injure the people than the accused. It could hardly have any other influence on the verdict of a jury. If no crimes are to be punished in which there is energetic prosecution, which may occasionally involve expressions which the law discountenances, we may about as well shut up our criminal courts. Almost any attorney may be baited into making uncourteous remarks. Happily the Supreme Court has recently decided that no matter what the District Attorney does, a felon duly convicted upon sufficient evidence shall not thereby be turned loose. And that is as it should be." [267] Heney in court made caustic answer to this argument: "After the Supervisors had confessed," he began, "and sixteen of them had testified that they had been paid $4,000 apiece to vote for the trolley franchise, these defendants thought in their own minds that they were so connected with the crime that Patrick Calhoun, Thornwell Mullally and Tirey L. Ford each made a public explanation in the press, denying that they had bribed a city official. A crime had been committed, and the first question to be asked was, Who had the motive? The Supervisors had testified that they received the money from Gallagher, and Gallagher had testified that he received it from Ruef. Did Abraham Ruef own the trolley lines? The question arose as to who had the motive. Ford and Mullally came to me personally and told me they had not bribed a city official. Wasn't that an explanation? Will it not be an explanation when these defendants are put on trial that they will say it was an attorney's fee? If, under these circumstances, the Grand Jury cannot call the officers of the company to learn who authorized the giving of the bribe money, what would an investigation be worth? If we had not called them, then you would have heard the other cry, that this was a conspiracy to destroy the good name of Patrick Calhoun.