Los Angeles herald., 1908-02-15
TRICKED BY
PROSECUTION
RUEF'S PLEA
FORMER BOSS WEEPS AS AFFl-
DAVIT IS READ
JUDGE DUNNE, IN RAGE, ORDERS
LAWYER TO "GET OUT"
Jurist Refuses to Tell What He Knows
of Promise That Prisoner
Would Go Free if He
Told All
Rv Associated Prsnn.

BY Associated PreBs-
SAN FRANCISCO, Feb. 14.-Affida-
Wits bearing upon the broken immunity
contract between the prosecution and
Abraham Ruef in the bribery-graft
cases showing, from the defendants
standpoint, how Ruef had been induced
to tell all he knew upon tie most
positive assurances and guaran' ee that
e would be granted complete lmmun-
ity, which agreement the prosecution
has declined to carry out, were the
features in the hearing before Superior
Judge Lawlor today.
The affidavits were by Ruef himself,
his father and a sister, and with others
already filed and several yet to be
filed, are to convince the court In the
present proceedings preliminary to the
actual trial of Ruef that his testimony
before the grand jury was obtained by
fraud on the part of the prosecution
and were presented in support of the
motion by the defense that Ruefs ar
raignment and plea be set aside to
enable him to attack the indictments
with demurrers and motions to set
aside upon constitutional grounds, as
certing that he was deluded into not
doing so before by the promises of the
prosecution that he would not be pros
ecuted.
"Pledged Sacred Word"
The affidavits alleged that pressure
was brought upon Ruef by the prose-
cution, through his father, mother,
sister and Drs Jacob Nieto and Ber-
nard Kaplan, two Jewish rabbis and
that the various members of the prose-
cution gave the most solemn assur-
ances and pledged ION their sacred
word of honor" Special Agent w. ].
Burns and Ellison w. j. Biggy going
so far as to assert that they would
kill anyone who failed to carry out
any part of the agreement of immun-
ity'' if Ruef would disclose to them all
that he knew regardin.; the bribery to
which the former board of supervisors
confessed.
Isuef stated in his affidavit that as
late as January Is District Attorney
Langdon and Special Agent Burns had
promised to carry out the immunity
contract and on that day went before
Judge Dunno for the purpose of having
Ruef's plea of guilty withdrawn. Lang
don said Dunno had agreed to permit
this when the contract was entered
upon.
Langdon, upon coming out of the
judges chamber, informed him that
Dunno had refused to permit the with
drawal of the plea. Three days later,
Ruef stated, he was informed by the
district attorney that the agreement
would not be kept by the prosecution.
Ruef Weeps
When the affidavits of Ruef's father
and sister were read, telling of their
own suffering aid that of Ruefs moth
er and how they pleaded with the de-
fendant to "saVe himself by accepting
1an nf 10 a
sister asserting that Burns had de-
clared to her that he had come to
like her brother as a man and would
be his friend" Ruef became visibly
agitated.
His face became flushed and several
times he passed his handkerchief over
his eyes as he moved restlessly in the
cushioned pew il the main auditorium
OF Temple Sheriff Israel, where Judge
Lawlor holds court
The afternoon session was taken up
with argument for the defense and
citations of authorities. The matter
will come up again at 10 o'clock Mon
day morning.
Ruef's Affidavit
After reciting the history of his ar
rest and his being kept "in close con-
finement and surrounded by number
of guards appointed by w. J. Burns, an
agent of Francis !. Heney and of the
district attorney" Ruef in his supple
mentary affidavit states: THAT said
Burns, acting for the prosecution, did.
on March 8, 1907, to the time of the affi-
ant being taken before the grand jury
to testify, repeatedly and continuously
urged upon the defendant that he
should disclose what he knew, and did
promise, as the agent of the district
attorney, that if he would do so, this
affiant would be granted full and COM
pete immunity by the district attorney
and by the court"
Ruef then states that he declined
time and again to make any state
ment,' and that Langdon, Heney ana
Burns then caused the Reverend JACOB
Nieto and Rev. Bernard Kaplan to call
on him and urged him to tell what he
knew for the good of this community
and that If he would do so he would pc
promised and guaranteed and given
1ull and complete immunity.
The two Jewish ministers called
upon Ruef's mother, father and sister,
and through them urged the aff1ant 10
tell the grand jury all he knew; that
pending these negotiations this affiant
did say to the said w. j. Burns that
he, the affiant, might disclose what he
knew and that the same might not sat
1sfy the prosecution, in which event he
feared they would attempt to retract
and repudiate their proposed contract
of immunity or neglect to carry out the
same; that said Burns, acting for the
district attorney, did assure and prom
ise this affiant that no question of that
character would be raised.''
Burns Made Promise
Ruef then goes on to say that Burns
reported the matter to Heney and
Langdon, and returned with their as
surances that there would be no ques-
tion about carrying out the immunity
pact. but that he, Ruef. ''again stated
that possibly if he complied with their
wishes that either the prosecuting off,
GERS or one or both of the judges of the
court might fail to carry out the agree
ment, that thereupon said Burns did
assert that If any one refused to carry
(Continued ON page twO)