The San Francisco call., 1908-03-10

. be admitted to ball. provided. however that he
arrangement with his bondsmen. that we
coiIld not only protect him, but make sure that
he did not get away: and provided also, that he
would agree 10 thereafter again withdraw his
plea OF not guilty and a plea of guilty in
case No. eos whenever we called upon him to
do
ADVISED TO ACCEPT
During this conferences Ach also said again in
substance that we could not convict Ruef. in his
opinion, IN the extortion hut that there
was no use in pretending to think that we could
not or would not convict him in some one or
more OF the bribery cases: and that he tAcht
had advised Ruef, and would continue to adj
wise Ruef. that he had better look out for him.
self and accept the best terms that he could
get from the pros osecution. as every other fellow
who was involved with him would do the same
as soon as he got into the same position that
Ruef wes then in.
thing TO the effect that Ruef believed that
was insisting upon his pleading guilty in the
sonal animosity against him, and that was
not willing to let him go free for that reason.
but that he. Ach. was satisfied. and told Ruef
that he was satisfied, that WAS not actuated by
any personal motives or feelings of that kind in
the matter.
In reply | said in substance. II have per
sopal feeling whatever against Ruef. On the
can help admring his undoubted ability how
ever much be may depiore the evil use to which
he has put IT, moreover. am satisfied that Ruef
always liked me. You know, Ach. that he had
probate case in his office in which you were the
attorney on the other side and in which he and
George Keene had not taken any action for more
than a year and il was taken away from them
and turned over to me- and refused TO accept
the substitution OF attorney fronis Ruef and told
him that | would handle the and give him
part of the contingent fee which / received.
and in two months time | forced you into a
compromise by which my clients got wo-thirds
Of the estate. as | recolleet ii. and got fee
of about 81 500 and sent Ruef check for one
half Of it. although he had never done anything
In the case to amount 10 anything. Afterward
he always professed to be grateful. and at the
time made that political speech in November
against him ] looked upon him who
Was very friendly to me. and made the speech
solely from sense of public duty ! believed
him TO be an evil influence in the community in
public affairs. and l still think the same way.
| do not look upon Rnef as mere tool of these
other people. He is too intelligent and able
and masterfu to be handled by any one. and he
Is SIS guilty his accomplices in these crimes
and he must submit TO some punishment There
created and maintained political bosses like
Martin Kelly, Phil Crimmins and Bill Higgins
and who has helped TO maintain Ruef. and who
will doubtless create and maintain Ruef's sue
cessor in the very near future. and that man is
possible that Ruef's testimony may be of suf-
ncient importance and benefit to this state to en-
title even him 10 complete immunity, but he is
not willing 10 tell me in advance OF any mmu-
nifty agreement what his evidence viii be and
whom his accomplices were in all the graft
crimes which he has committed. and | am not
willing to swap knives in the dark. and l most
positively will not do You say you under
stand that Ruef win involve Herrin. but that
Ruef has in effect told him that he can and Will
involve Herrin. Calhoun, Ford and others. But
of anybody else, as the basis for an immunity
agreement.
PROSECUTION TO JUDGE
The only terms upon which l will deal
with him are that he shall plead guilty to
case number 3o5 and take such punishment
receive. and will agree 10 endeayor to secure
complete immunity for him in all other graft
cases for crimes committed or participated in
by him. provided he makes full. fair and COM
plete exposure of all such cases in which lie
knowledge and provided also that he testifies
fully. fairly and honestly in all such cases when
ever called upon by the district attorney or any
of his assistants to do and in the meantime
We will have sentence postponed in case number
300 until we are through with the other cases
or have reached the conclusion as to what pun
ishment think he ought to receive in that
case. and then will make whatever recon-
mendation TO the court in that think is
in the interest of Justice We will enter into
no agreement with Ruef, or With any of you
gentlemen, TO even endeayor TO secure leniency
for him in number 305. and will make
no promise TO Ruef to any OF you gentlemen
that viii endeavor 10 leniency
for him in case number 305. But in order that
you may determine In Your own minds whether
yon viii advise Ruef 10 accept this proposition
or nor; ana soieiy lor tnat purpose, l am Wlllins
relation To this matter. provided you win agree
and promise me that You win not repeat il TO
Ruef- because / absolutely refuse TO even ex-
press my present intentions in relation TO the
matter TO Ruef, for the reason that he must
cept or reject the proposition as il stands which
/ hare just made 10 you be repeated 10 him.
Henry Ach. Dr. Nieto and DIR. Kaplan there
upon each agreed that he would not repeat to
Rnef what i was about to say as to my then
present intentions in relation number
305, and thereupon said in substance:
EXPLAINS INTENTIONS
When Burns and I were conducting land
fraud Investigations in Oregon. among the first
defendants to be convicted Steve Puter
and Horace Mckinley. After they were CON
victed in the first Puter's brother. Law
renee. who attorney. came to me and
stated that Steve Puter and Horace Mckinley
were willing to turn states evidence IL / would
agree TO give them immunity. There were about
n half dozen other felony indictments then
pending against Puter and Mckinney and others:
told Lawrence Puier that / would not enter
into any agreement whatever in relation TO the
case in which Steve Puter and Horace Mckinley
had been already convicted but that if they
would abandon their motion for new trial and
their appeal in that case l would have sen
tence postponed in that case and. In the
time. would enter into sn immunity agree
ment with them as TO all other land fraud
crimes which they had committed. provided
they would tell me all they knew about all
land frauds committed in Oregon, whether they
participated in them not: and provided. fur
ther. that they would testify fully. fairly and
honestly in all such whenever called upon
by the prosecuting officer for the United States
government do that, while would make
no agreement or promise whatever in regard to
what recommendation. If any, / would make TO
the court in the case in which they had already
been convicted. l willing 10 say to him.
Lawrence tulef, lDdl H. Wucu we SUt through
with all the cases in which we desired to use
his brother. Steve Puter, and Horace Mckinley
AZ witnesses. / convinced that they had
acted in good f0tll in every way and was of
the opinion that they had earned equitable
right 10 complete immunity by of the
benefit which had Injured to the government
from their testimony in the other cases
would recommend that their sentences should
he indefinitely postponed in those cases: that IT,
ON the other hand. ] of the opinion that
they were only entitled TO leniency in the
case in which they had been convicted. I would
80 recommend to the court; that IT, the
other hand. I was OF the opinion that they
ought to receive the maximum punishment under
the law in the in which they had been
convicted 1. would so recommend to the court.
TELLS OF PUTEHs CASE
Lawrence Pufer advised his brother. Steve
Puter and Horace Mckinley to accept my terms
and thereafter Steve Puter and Horace Mckinley
gave evidence which led to the Indictment and
conviction OF United States Senator Mitchell and
several other prominent and influential men.
and II was my intention to let Steve Puter
and Horace Mckinley of without any pun
ishment in the case in which they had been
convicted but / had Mt any time told
them or either OF them. that l would do so.
Unfortunately for them, however. they got into
trouble with the state government over some
crimes they had committed before they were
convicted In the federal court, and to avoid
prosecution for those crimes they fed from the
state and. consequently, were not hand
10 testify as witnesses when the government
wanted then Burns finally caught and ar