Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1908-02-21
AFFIDAVITS
OF DEFENSE
ADMITTED
RABBI KAPLAN SHEDS LIGHT
ON IMMUNITY
LANGDoN IN COURT THROUGH
sUBPoENAS
Heney Declares the Action of Ruefs
Counsel in Issuing Wrltst for
Prosecution Is Mere
Bluff
By Associated Press.

BY Associated Press.
SAN FRANCISCO, Feb. 20.-At a ses-
sion of the superior court which ex
tended well into the afternoon Judge
Lawlor today admitted into evidence
the affidavits filed by the defense in the
case of Abraham Ruef and overruled
the objections of the prosecution to
them In addition to the affidavits filed
last week Henry Ach, leading counsel
for Ruef, filed and read with great
dramatic effect the affidavit of DR.. Ber-
nard M. Kaplan, Jewish rabbi, which
shed more light on the immunity con-
tract given to Ruef. 1t developed that
Rabbi Jacob Nieto, after preparing an
affidavit last night declined to sign it
and swear to 1t. He appeared in court
this morning represented by an attor-
ney, who stated that Nieto was not
unwilling to make an affidavit and did
not wish to be a voluntary witness for
either side, but If ordered by the court
would make a deposition or give oral
testimony. Judge Lawlor declared that
the court could not order Nieto to
make an affidavit, but that it was the
rabbits duty to do so.
For the first time for about week
District Attorney Langdon. Assistant
District Attorney +. j. Heney and Spe-
cial Agent w. ]. Burns were in court,
having been brought there by sub
poenas issued at the instance of Ruef
last night the intention of the de-
Tense being to put them on the stand
and question them with reference TO
the immunity contract.
Heney Calls 1t Bluff
Judge Lawlor at this time declined to
pass upon the matter of oral testimony
in this preliminary hearing, but said
he would take 1t up after both sides
had finished their showing Vby affi-
davits.
In trying to have the court excuse
himself and Langdon and Burns from
remaining in attendance, Assistant Dis
trict Attorney Heney said:
''Mr. Ach desires an audience.
see he has missed me greatly. His sub
poenaing of the prosecution is mere
bluff. He knows perfectly well that the
district attorney and his assistants will
make affidavits-affidavit upon behalf
of the people-he's just trying to get
the district attorney and his assistant
into the newspapers as being forced 10
make them. ..
cases all along the line, not only in
this court but ii other courts, and for
that purpose the district attorney $
office is splitting up its forces. II Mr..
Ach wants to drag this case along ZOE
three months we will have Mr.. O'Gara
take care of him, but we object to the
district attorney and his assistant be-
ing iIeid here IS subpoena we nave
other work to do"
Court DIspieased
During this preliminary argument
Frank ]. Murphy, associated counsel
for Ruef who has on several occa-
sions incurred the displeasure or the
court, was severely censured by Judge
Lawlor for talking to Ach when the
court was addressing the latter.
t.~f "a in11r ad q l.
tinued the matter until Tuesday morn
ing, when the prosecution will make
it's counter showing, Judge Lawlor an
nounced to Ach that the court was pre-
pared to make an affidavit as to his
knowledge of the immunity contract
and any conferences with him by the
prosecution in reference thereto.
DR.. Kaplan. in his affidavit, went into
the detailed history of the.n famous
immunity contract. He related how
he with Dr. Nieto, had been induced
by the members of the prosecution to
prevail upon Ruef to come through,
their many conferences with both
Ruef and the prosecution; Ruef's dis
trust of the prosecutions good faith
and promises; his long standing OPP
position to pleading guilty to extortion
of (which he declared himself to be
innocent" the assertions of Ellison
Buggy and Special Agent Burns that
they would kill anyone who failed to
keep the agreement with Ruef," and
the repeated assurances OF various
members of the prosecution, "even up
to January of this year." that their
agreement with Ruef would be kept.
Confirms Statement
DR.. Kaplan confirms in detail the
recently published statement of Rabbi
Nieto relating to the midnight con-
f1a 70 a
prosecution and Judges Lawlor and
Dunno, in which the two judges
promised favorable action on the re-
quest of the prosecuting attorney to
allow Ruef to change his former plea
of guilty on. the charge of extortion
to one of not guilty, and to dismiss
the indictment.
When he asked Heney at the time of
the first Ford trial why he did not call
Ruef to the stand. Dr. Kaplan states
that the assistant district attorney re-
piled The had his reasons for not call
ing Ruef as a witness in the Ford trial
but that he would put him on the
stand i'm the Calhoun case, which was
shortly to be tried and said, in sub
stance, that 'Ruef is no fool, and that
he would say all that is expected oil
him in the Calhoun case
cat that time Mr.. Heney said Ruel
was withholding some testimony and
asked me to get him to furnish IL.
Referring to a number of interviews
with Langdon and Burns in which they
assured him repeatedly that the con-
tract would be kept, the rabbi averred
'Iangdon stated to me at one time al
his house that even If others connected
with the prosecution should want to &c
back on the agreements, no one could
make him do wrong" and that he
would keep the agreements"
Hopes of Immunity
Speaking of an alleged meeting with
Langdon shortly before the Reputation
of the contract the rabbi stated in his
affidavit that he was Uniformed by
Langdon that he had great hopes OF
inducing the two judges to act in ac-
cordance with said agreement He also
informed me that during said time Ru-
dolph Spreckels would SEQ Judge Dunno
in order to induce him to live up t.
the terms of the agreement, and thai
Fremont Older, who had influence will
Judge Dunno. was in consultation with
Judge Dunno with the view to Undue.
ing him to carry out his agreement,
and had reported to Burns that he hat
great homes of being able to make this