[312] This is the same Ach who dramatically left the Ruef defense at the time of Ruef's plea of guilty to extortion. See Chapter XV, page 204. [313] For immunity contract see page xix of the Appendix. For the negotiations upon which Ach's claim was based see Chapter XV. [314] Heney sets forth in his affidavit that Ach's claim did not surprise him. He says of Ach's statement: "I was not very much surprised by its substance as I had long before commenced to suspect that Ruef, Ach, Dr. Kaplan and Dr. Nieto would claim eventually that such agreement existed in regard to case number 305 (the extortion case) if it became necessary to do so in order to keep Ruef out of the penitentiary. In fact I would not have been greatly surprised by anything that Ach might have claimed, as I have learned to know him pretty well and am sometimes at a loss to decide whether he or Ruef is entitled to first place as an artistic and imaginative 'equivocator,' to use Ruef's language." [315] See Chapter XV, pages 190-7. Heney states in his affidavit that both Nieto and Kaplan agreed that Heney's statement of the arrangement was correct. "Yes, you are right, Mr. Heney," the affidavit sets forth Nieto said. "I understand it that way, and consequently I never told Ruef anything about that. He never got that from me." The affidavit sets forth that Kaplan said in substance: "Yes, that is what you said, Mr. Heney, but I always understood that Mr. Ruef would be allowed to withdraw his plea of guilty in the French Restaurant cases and would not receive any punishment." Heney replied in substance: "You may have so understood, Doctor, but you had no right so to understand from anything which I said." [316] Heney, in his closing argument, told the jury that Ruef had not been put on the stand because the prosecution did not trust him. Heney said: "Nobody except Mr. Ford and Mr. Ruef could tell about it (the passing of the $200,000). They did not complain about my asking why they did not put Mr. Ruef on the stand. They asked why we didn't put him on the stand and vouch for his veracity and enable them to put words in his mouth, and I will answer now, because we DID NOT TRUST HIM."