Note 107 — Chapter VII · Oliver Grand Jury Impaneled.

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:

“Ruef said in reply in substance, ‘You are prejudiced against me, Heney, ever since we had that quarrel during last election. You know that the public-service corporations are responsible for the conditions which exist in San Francisco and that I can help you send some of the officials of those corporations to the penitentiary, and I can also help you to clean up this city and make it impossible for corruption to get a foothold here again for a long time. You are afraid to trust me, but you are making a mistake. The moment it becomes known that I have gone over to the prosecution the most powerful influences in this State will all be arrayed against us, and particularly against me. The moment you attack Pat Calhoun you in fact attack Herrin. You don’t know the relation between these parties and the corporation as well as I do. I am very fond of Tirey Ford, but I don’t care a rap about Pat Calhoun, and would just as soon testify against him as not. But the moment it becomes known that I am ready to do so my life will no longer be safe. I will have to stick to the prosecution from the moment I start in with it. You don’t know what desperate means these people are capable of resorting to. My life will not be safe. If they keep me in the county jail with O’Neil as Sheriff they will kill me to a certainty. You don’t know how many influential people are involved in this thing. You and Burns think you know, but there are a lot of people whom you don’t know anything about who are mixed up in it. I tell you that the combined influence of all these people will make it next to impossible to secure convictions, and will make it very dangerous for all of us. It will not do to lessen the weight of my testimony any by having me plead guilty in that extortion case. Besides that, the Court would not allow me bail after I had pleaded guilty, and the Supreme Court may knock out the elisor, and then I would be absolutely in the hands of the other people, and they would surely kill me. Sheriff O’Neil is loyal to me now, but the moment he knew I was going to testify against Schmitz he would be very bitter against me, and would do whatever those people wanted him to do. Moreover, Herrin will get Attorney-General Webb to come down and take these cases out of the hands of Langdon and yourself, and he will declare the immunity contract off upon the ground that the District Attorney has no power to make one and will prosecute me on some of the bribery cases now pending against me, and if they convict me Herrin will see to it that I am not pardoned by the Governor. He now controls the Governor and the chances are he will continue to name the Governor and control him for the next twenty years. Webb was a deputy in Ford’s office when Ford was Attorney-General, and it was Ford who got him to come down here and “butt in” at the time you were impaneling the Grand Jury. I know you fellows thought it was I who got him to come down here, but as a matter of fact I did not know any more about it than you did until he appeared there, and I am sure it was Ford who did it.’”