The San Francisco call., 1908-03-10

and stated that Ruef would like TO have me
change the first paragraph of il so that IL would
not be an express admission on Ruef's part that
he had committed any crimes. and that the only
reason he wanted this done because Lang
doa and myself might both die before the agree
ment was carried out; and that. even IL we
lived. the attorney general might butt IN ana
take the cases out Of our hands and prosecute
them himself and might use the Immunity agree
ment itself against Ruef in some way as evil
dence.
Burns also stated on this occasion that Ruef
requested him TO ask me to omit from the agree,
ment all reference TO Ruef's agreement 10 plead
guilty in No. sos. Burns stated that
Ruef said that. as he was to plead guilty In
case No 305 Immediately and thus eonsummate
that part OF his agreement and dispose of it en-
tirely. there was no use In having any reference
10 II IN the written agreement. Not suspecting
what II Is now evident Ruef and Ach were then
planning ! complied with Ruef's request IN fhis
respect
Burns brought with him draft of agree.
with that agreement in nv hands i dictated an
agreement which signed by Mr. Langdon,
myself and Ruef on May s, 1907, and which,
guilty In case No. 305 on May l5 1907. to wit.
until the 18th day of May. 1907. remained In
the personal physical custody of DR.. Barnard NJ
hapisn contrary to the express understanding
and agreement among all the parties connected
herewith that said agreement. soon as II
was signed. should be placed in safe deposit
box, from which il could not be taken without
the presence Of and consent Of both DR.. kaplan
and William J. Burns.
III ulCtdtlns the paragraph maEkeu L. on
page Of the agreement Of May 2. 1907. TO my
stenographer on that day. at first dictated IL
as follows:
Instead OF paragraph l. insert:
Il VIII grant and obtain for said A. Ruef
full and complete immunity from prosecution
and crimes involved In said sc-calIed graft
prosecutions Investigations and will not
prosecute him for any thereof: provided, how
ever that this agreement has not and no part
thereof has anything TO do with or any refer
enee TO the Indictmept now pending against
ssic Abraham Ruef Jointly with Eugene r.
Schmitz. in the superior court of said city and
county Of San Francisco, which is numbered
After so debating said paragraph l con-
cluded that 1t would be better TO omit all
reference in the agreement 10 case No 800 IN,
III the concluding paragraph. and | instructed
my stenographer to strike out all that part OF
the foregoing paragraph commencing with the
word provided and ending with the word
And in debating paragraph numbered &c. -
on page OF said agreement of May 8. 1907, 1
dictated ii TO my stenographer as follows, to
&c. 1t is understood and agreed that. not
withstanding the scope and effect OF the IAN
guage used throughout this agreement, IL does
not and shall not be construed 10 apply In any
respect or particular TO that certain indict-
ment No. 3O5, the ofense charged therein,
which Is pending against said Abraham
Ruef. jointly with Eugene T. Schmitz, IN the
superior court of the city and county of San
thereof; aud to said Indictment and the
orense charged therein said Abraham Ruef
triet attorney shall deem TO be in the interest
of Justice
After so debating said paragraph. I had It
read by my stenographer 10 my partner, Charles
W Cobb. and myself. and discussed with him
whether or not It was better TO omit or retain
the concluding words of said paragraph in said
agreement. 10 wit. the words:
And to said indictment and the ofense
charged therein said Abraham Ruef shall re-
eeive such consideration only as the district
attorney shall deem to be In the interest OF
Justice
a ~. p,,oF p
plead guilty Immediately In case No. 305. and
inasmuch as we had expressly refused TO make
any agreement with him whatever in relation
TO that case it would be better in his opinion
to omit those words. and | thereupon directed
the stenographer to strike out that part
thereof.
AMENDED AGREEMENT
The agreement Of May S. 1907. as so pre-
pared, reads as follows. to wit;
Whereas, Abraham Ruef of the city and coun-
~ of San Francisco has agreed 10 impart to the
district attorney of the city and county OF San
Francisco, state of California. a full andS fair
him. of all crimes and ofepses involved in tile
so called graft prosecutions or investigations
and heretofore conducted by said district
attorney by whomsoever such offenses crimes
may have been committed. and has agreed in
making such disclosure and statement TO state
fully and wholly all of the facts and circuni-
stances known TO him in about and surrounding
the same, and in making such statement and
disclosure, to tell the truth the whole truth and
nothing but the truth.
Now. therefore, in consideration of the prem
ises. 1t is agreed by the undersigned that il said
A. Ruef shall do said things and Immediately
make such fun and fair disclosure OF all such
crimes and efenses Involved in the called
graft prosecutions and investigations above
referred 10. and known to him. and shall state
and disclose 10 the Undersigned the truth, the
whole truth and nothing but the truth, and shall
make full and fair disclosure OF all said crimes
and offenses known to him, and of all the facts
and circumstances in. about and surrounding the
same and known to him. aud shall at all times.
whenever called upon before any court. TESTIFY
in regard thereto and 10 the whole thereof fully
and fairly, together with all the facts and cir
cumstances surrounding the same, so far the
same are known to him. and shall state, tell and
testify on oath the truth. the whole truth and
nothing but the truth therein then and in that
event the undersigned, deeming it to be in the
said A. Ruef will thereby be equitably entitled
TO such consideration. in accordance with the
time honored custom and practice Of prosecuting
officers in both state and federal jurisdictions
throughout this country, snd in line with COM
mon law precedents
1. viii grant and obtain for said A. Ruef
full and complete immunity from prosecution or
punishment for all and any of said offenses and
crimes involved in said so called graft prose
cutions Investigations. and will not prosecute
him for any thereof.
.. VIII cause said a. Ruef TO be jointly and
not otherwise Indicted with all and any others
against whom indictments have heretofore been
or may hereafter be returned or found for or upon
any crimes offenses in which said Ruef has
participated or is alleged to have participated to
lliS QdIt- lTUflQeu. however. lDdt tne unueT-
signed shall not be bound to include any OF the
present members OF the board of supervisors in
any such indictments.
8. Will. as any one of said joint indictments
relating to specific subject matter shall be
taken up for trial, after the jury has been i'm
paneied and sworn to try the same, dismiss the
same and all other indictments and charges on
the same general subject matter against the
said Ruef. under the provisions of section 1893
of the penal code of the state OF California. and
will at the same time dismiss all indictments
relating TO the general subject matter
which pending against said Ruef singiy.
Any and all indictments charges upon any
general subject matter of which one shall not
have been brought to trial before December 81.
1907. shall be dismissed TO said Ruef. and
said Ruef discharged on or before December 81.
1907. under the provisions of section 1899 of the
penal code where applicable. under provisions
of other sections of said code In cases where
said section 1909 shall not be applicable.
IL is. however. expressly agreed that in any
event all indictments and charges pending
or hereafter 10 be brought against said Ruef tex
cept action No. 305, which is herein otherwise
provided for) shall be dismissed against said
Ruef under the provisions of section 1899 of the
penal code. where the same may be applicable,
and when said section is net applicable shall be
dismissed under other provisions OF the code, all
prior to December 81, 1907: provided the under
signed district attorney shall not be reelected
as such district attorney In November, 1907: and.
in any event. prior to said district attorney re-
signing or otherwise surrendering or giving mp
his office terminating his tenure thereof, II
being the understanding and agreement that each
and every Indictment and charge now pending or
hereafter to be brought against said Ruef shall
be absolutely dismissed.
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