Los Angeles herald., 1908-04-01
20 y GIVES
q ~ Us VERSION
OF MEETING
DIRECTLY .C0NTR0vERTS RAB-
BIS STATEMENTS
DID NOT AGREE TO LET RUFF
WITHDRAW
Makes Detailed Explanation of How
He Was Induced to Go to
Chambers of His Court
at Midnight


SAN FRANCISCO. March 31.--Su-
perior Judge Frank II. Dunno in an
affidavit filed today with Judge Law
lor. for tho first time gave his version
OF the midnight meeting" with AS
sistsnt District Attorney Francis j.
Heuey, w. j. Burns. special agent for
the prosecution, and the two Jewish
rabbis, Drs. Jacob Nieto and Bernard
Kaplan. when Judge Dunno. accord
ing to the affidavits of the two rabbis,
promised that If Abraham Ruef plead
ed guilty to the charge of eXtortion
he would later permit Ruef to with
draw that plea upon request of the dis
trict attorney. In his affidavit Judge
Dunno specifically contradicts the
aYerments OF the two reverend gen
tlemen. denies that he promised that
Ruef would be allowed to withdraw his
plea of guilty. and declares that Ruef's
name was not even mentioned.
Judge Dunno goes into detailed ex-
planation of how he was induced to
go to the chambers of his court at
that hour of the night.
He stated that Burns came to his
home between II and II O'Clock on the
night of April %, 1907. and stated that
Assistant District Attorney Heney de-
sired to see him at his chambers in
the Temple Scherith Israel upon mat
ter of Importance.
Objected to Going
Judge Dunno objected to going at
that hour, saying he preferred to con-
slider whatever the assistant district
attorney had to communicate the fol-
lowing morning in open court. Burns.
however, stated that it was a matter
of the utmost Importance and that
Heney was accompanied by Dr. Nieto,
who was leaving the following morning
for Europe. Judge Dunno stated that
he again protested. but finally, for the
convenience of Heney and DIR. Nieto,
consented to CO. He went to the tenn
pie alone. and arriving there. met He
ney and Drs. Nieto and Kaplan. After
apologizing for bringing him out at
such an hour, Judge Dunno AYERS that
Heney said:
Judge, l have come here with these
gentlemen at their request. to have
you tell them what your practice is as
to recommendations of the district at
torney OH behalf of defendants in Grim
inal cases pending in your court, and
also whether you have confidence in
Mr. Langdon and myself as his as
sistant."
"I replied in either exactly or sub
stantlally the following language; 4
have confidence in you. Mr.. Heney.
and in the district attorney, and while
I have that confidence in the district
attorney, whenever recommendation
or suggestion is made by him in case
pending in my department. it is my
practice 10 entertain and be guided
by it. provided, of course. it Is in the
interest and furtherance of Justice
Made No Promise
"Thereupon DIR. Kaplan spoke up and
said: But. your honor, suppose man
pleaded guilty and afterwards asked
to change his plea?'
II replied: You have heard what I
have said, gentlemen, as to my prac-
tice. OF course. in all cases of such
recommendations, and which I insist
shall always be made in open court,
whenever the district attorney fails
to convince me that he is we'll ad-
vised or that good and sufficient
grounds exist for his motions. it must
be remembered that the final deter
mination must always rest with me.
Judge Dunno also AYERS in his affi-
davit that he had no knowledge of the
much discussed Immunity bath when
Ruef pleaded guilty and did not even
know that the prosecution was ne
gotiating with Ruef. Referring to the
incident last January when District At
torney Langdon called upon Judge
Dunno with reference to the withdrawal
of Ruef's plea of guilty, Judge Dunno
AYERS: "Mr. Langdon called upon me
in my chambers and said In effect:
'Ruef is outside and wants to make
a motion to withdraw his plea of guilty
in the extortion cases.
II promptly told Mr.. Langdon with
some emphasis that | would not con-
slider such a motion at that or any
other time"
Judge Lawlor annoupced that he
would also make an affidavit and con-
tinue the matter of Ruef's motion to
set aside his arraignment and plea in
the United Railroads cases until Sat
urday morning.