The San Francisco call., 1908-03-10

has agreed to come through. and | did not stop
10 question him about any details OF that kind
l VIII take that up with him. however, az our
next meeting or that I'm substance and eneet
We had been delaying putting the witnesses
,-aS,s ~ ssl stana sls ~ at, ~ axe- since fhe
supervisors had testified before IL on March i:
1907. with the expectation that IL Ruef turned
states evidence he might furnish us with some
Important additional evidence and when we as
covered from Ruef's statement TO Burns that no
new evidence was forthcoming Mr.. Langdon aud
myself inmeaiatelv cencluded 10 subpoena the
witnesses In that matter 10 appear before the
grand jury and 10 commence with the oineisls
of the United Railroads by Subpensing them TOT
that same day and the following day. which was
Saturday. We did cause Patrick Calhoun and
ThorlweH Mutually 10 be subpenaed for that
afternoon ami others for the following day.
Those subpenaed included Patrick Calhoun
cisco; Thornwell Mullally: William NJ Abbott
one OF the attorneys for that company and an
assistant TO Tirey l. Ford. general counsel:
George Francis. stenog-Apher for TREY l.:
Ford and in the employ of that company, and
Miss Celia McDermott. stenographer for Jirey
l. Ford and an ernpIove OF that company
subpoena issued for TREY l. Ford. but
we were informed that be was In Los Angeles
On Friday. May 3, 1907. Patrick Calhoun APP
peared before the grand jury and WIS advised
that he. with others being Investigated In
the matter of alleged bribery OF certain mem,
bers OF the board Of supervisors of this city and
county 70 influence their votes in the matter or
4 proposed bill ordinance authorizing and di-
recting the United Railroads Of San Francisco TO
operate all their several cable lines, far as
grades would permit. By electricity by means of
the 80 called overhead trolley system. which was
passed 10 print by the board of supervisors on
the 14th day Of May. 1896. and which was
passed as ordinance May q, 1eo6-
He WAS also advised that he had the right
10 decline 10 testify II he believed that his tes
tmony might have any tendency 10 incrlminate
himself. Mr. Calhoun thereupon declined 10 be
T'hornTen MulIaliy was thereupon called be-
fore the grand jury and was similarly advised
and he likewise declined TO oe sworn or to tes-
on SATURDAY., May & 1907. William NJ. Abbott
was called before the grand jury and was SINH
lariy advised and he likewise declined TO be
sworn or TO testify.
George B. Willeutt was thereupon called be-
fore the grand jury and was similarly advised
as to the matter which under nvestgation.
and he likewise declined 70 be sworn or to tes-
tify.
George Francis was thereupon called before
the grand jury and was similarly advised TO
the matter which was under investigation and
he likewise declined 10 be sworn 10 testify.
Miss Celia McDermott was thereupon called
before the grand jury and was similarly advised
as 70 the matter which under investigation.
tify.
PREPARATION OF CONTRACT
On Monday the 9Th day Of May 1907 case
No. 3O5 called for trial in department
No Of this court. and Ruef did Dof appear.
his attorneys claiming that he was sick and I'M
able TO leave his house and come 10 court.
DR. Wilson Shiels was sworn a witness by
the court and testified in regard to the physical
not aoA 10 come into court The case was
thereupon continued TO Monday, May 13, 1907.
Monday. May 6. 1907. / sent Ruef an Immunity
agreement. setting forth fully the terms and con-
diticns which had been agreed upon between
Ruef the hand and Mr.. iaHxdon and ny
self on the other as proposed to him oy me at
my house on the night Of May 2, 1907. as herein
before set forth.
Said immunity agreement was dictated Icy
myself TO my stenog-apher and after II had been
typewriter Il vas signed By both Mr.. Langdon
and myself ami was then taken by Burns 10
Ruef for the latter's signature with the under
standing that II was TO he thereafter placed in
safe deposit box. to which DR.. kaplan end
Burns would each have key. and which box
could not be opened without byth Of them being
present Said immunity agreement dictated
by me while flse conversations which had taken
place In my Office IN the several conferences. at
which Henry Ach. DIR. Nieto. Dr. kaplan. VIII
Ham II. Laugdon, William J. Burns Charles W.
Cobb. Rudolph Spreckels and myself, o- some Of
Us, were present. and while the conversation
of May l between Ruef and mys'lf. in the
presence OF Burns. and while the conversation
which had taken place at my house on the night
Of May when Langdon. Burns. Kaplan. Ruef
and myself were present all fresh lin my
memory and IL is in words and figures IS iol-
lows. TO wit:
TEXT OF THE DOCUMENT
san Francisco, CAL May 6, 1905.
Whereas. one Abf1hlm Ruef of the city and
county Of San Francisco. state of California has
agreed ta make and npart TO the district at
torney Of the city and county Of San Francisco
fun and fair statement and disclosure OF crimes
and ofenses committed by himself. and BY him-
self Jointly with others and 10y others and Of all
crimes and ofeuses committed by himself. and by
himself jointly with others and by others; end
Iias agreed in making such disclosures and state
ments 10 state and tell freely, fully and wholly
ali of the facts and circums stances in and about
aud surrounding the same. together with the
names Of all persons, firms and corporations
therein involved. and in making such statements
and disclosures 10 tell the truth. the whole truth.
snd nothing hut the Truth; and particularly has
Tgreed tc imparf Information OF value 20 the
Undersigned in the prosecution Of the called
graft cases in San Francisco; and has also
agreed, in the case Of the leoDe OF the state Of
California against Eugene Z. Sch.nitz and Abra-
ham Ruef No 305. in the superior court Of the
state of California. within aud for the city and
agree and consent 10 the discharge Of the jury
therein which Is now being empaneled. and TO
withdraw his plea OF not guilty therein and 10
immediately thereafter enter plea Of guilty
Nov. therefore, in consideration of the
premises. IL is agreed By the undersigned that
if the said Abraham Ruef shall do said things.
and immediately make such full and fair ais
closure and statements Of all of such crimes and
ofenses. and shall state and disclose TO the IN
dersigned the truth. the whole truth. and nothing
but the truth. and shall make full and fair dis
closure OF all Of said crimes and Cnenses, to-
gether with all the facts aud circumstances in
and about and surrounding the same and the
names Of all persons. firms and corporations
therein in any manner whatsoever involved. and
delsigned OF all information in his knowledge or
possession in and about the called graft cases
and Investigation; and shall at all times when
ever called upon. in any and every cause, action
or proceedings, whether before any court or
grand jury testify in regard thereto. and TO the
whole thereof fully and fairly, together With ail
the facrs and circumstances surrounding the said
crimes and offenses, and The commission thereof,
together with all Of the names OF the persons.
firms and corpora tions therein and ia any man-
ner Whatsoever involved. and also said
information In said so called graft cases and
investigation. and shall state. tell ard testify
on oafb the truth. the whole truth. and nothing
but the truth therein. then and in that event
the undersigned
81 VIII grant and obtain for said Abraham
Ruef full and complete immunity from prosee,i-
tion or punishment for all and any Of said
onenses and crimes and will not prosecute him
for any thereof.
so Will cause said Ruef to be jointly and not
against whom indictments have heretofore been
or may hereafter be returned or found for
upon any OF said crimes or ofenses in which the
said Ruef has participated TO this date: pro-
vfded however, that the undersigned shall not
be bound TO include any OF present members Of
the board Of supervisors in any Of such indict-
ments
g. Will as each OF said joint indictments re-
spectively comes up for trial. after the jury has
been impaneled and sworn, dismiss the same as
against the said Ruef. and win at the same
time dismiss the corresponding indictment for
the same offense which is pending against
that the said action No. 305, above referred 70.
is not 10 be dismissed at all. but that the said
Ruef Is 10 plead guilty thereto as herenbefore
nrnvfdpd. provided also. however, that in any