[106] The Chronicle of October 27, 1906, contains the following account of Heney's reply to Ruef: "'I now announce to the court,' said Heney fervently, 'that I intend as Assistant District Attorney, to present charges of felony and misdemeanor against Abraham Ruef, and I desire to examine the members of this panel to determine if any member entertains bias or prejudice for or against Abraham Ruef in the matter of the charges which are to be presented by the District Attorney's office. I understand that there is no question as to Abraham Ruef's right to have the indictment set aside if any member of the Grand Jury is biased or prejudiced against him. It would be a farce,' Heney went on, his voice swelling, 'it would be adding to the comedy of errors enacted last night (the attempted removal of Langdon from office), if we have a Grand Jury which is biased or prejudiced. It has become public through the newspapers--to some extent, at least--that Abraham Ruef is to be investigated. The People have the same right as the defendant to examine the members of the panel as to their qualifications. I know that a number of the members do not possess the qualifications provided by the statute, as they are not on the assessment roll, and I desire to question them on that point. The Court has the right to excuse a juror if he is not on the assessment roll. The Supreme Court has decided that a man has the right to be investigated by a Grand Jury of nineteen men who are qualified according to the statute and none others. It is not necessary to take for grand jurors the nineteen whose names are first drawn from the box. We should examine them, so that a member who has a bias or prejudice as to a particular person may be instructed that he shall not participate in the investigation of that person.'" [107] Under the California law, the Attorney-General may at his discretion, take the prosecution of a criminal case out of the hands of a District Attorney. It was within General Webb's province to have taken charge of the San Francisco graft trials. In a statement given wide publicity at the time, General Webb stated that he had no intention of taking charge of the graft trials unless Ruef succeeded in seizing the District Attorney's office. Long after, however, Heney, in an affidavit filed in the case of The People vs. Patrick Calhoun, Thornwell Mullally, Tirey L. Ford, William M. Abbott, Abraham Ruef and Eugene E. Schmitz, No. 823, set forth a statement made to him by Ruef when Ruef was pleading for immunity, in which Webb's presence at the impaneling of the Grand Jury was touched upon as follows: