The San Francisco call., 1908-03-10

was referring to the graft cases and probably
! to the extortion cases then pending sgainst
thai It highly probable that some Of those
cases might in the course Of events be trans
sided over p.f bv Judge Lawor as Ruef had na de
q motion for change Of judges in the extor-
: tion cases. which had been denied by Judge
Z Durne. and IT was commonly rumcrcd aud sup
posed that when his codcfendant. Eugene f.
Schmitz. was put trial he would make
| similar motion. one Of his attorneys. J. J.
/ Barrett. very vindic.fve against Judge
Dunno and was constantly abusing him In pub.
! lie, and Judge rairall. anethtr OF Schmi.E'
? attorneys at the time. had also been severely
1 commenting upon Judge Dunno sn account cf
! the fearless way in which he performed his
| duty.
While-we were waiting for the time to arrive
| to go UP 10 Judge Lawlcr's chambers We again
! talked of the matters which we had
/ talked over at the two preceding conferences
and Ach again pointed out the danger OF per
mittiug Ruef 10 be sent to the county jail.
and again urged that Ruef Le released on bail
and kept in the custody of Burns under an ar
rangenent with Ruefs bondsmen. and again
suggested the danger of Attorney General Webb
| butting into the cases at the instieation OF
iierrin and taking them out OF our hands and
refusing TO recognize the immunity contract. !
J sgain made in substance the same replies {.
Ach in answer to these statements that l had
made on the prior occasions.
ACH's ESTIMATE OF SELF
Al some time during the evening Acl again
referred 10 the fact that 1t would ruin him and
advised Rucf 10 turn states evidence. Among
other things. he said in substance. In my front
office. ON the second floor. in the presence OF
Burns. Cobb and myself: II will be considered
| the biggest - of in town il 1t etks
out that had anything to do with this and.
as q matter of fact. am the biggest - OF a
--- in Town for having anything TO do with
this. but don't want everybody to know II,
and rely upon upon every one OF you neope
tell M and IL snr one sver e does tell it viii
deny 1t snd denounce 1t as false. even II am
under oath at the time
Ach also said in substance during the same
and perhaps some Of the others: .If you enter
into this agreement with Ruf and he pleads
guilty in the French restaurant case I shall
pretend that / had prior knowledge cf bis
intention and will pretend 10 be very angry and
will quit the ease and will publicly deny that
/ had any knowledge OF his intentions in the
matter. and win assert that 1 strongly urged
him not to DO IT, IS | was sure could acqrit
him. I W.T. have to do this so as TO prevent
any from suspectng that ! had any thing
to do with advising Ruef 70 turn states evil
dence. because will be ruined II / sus-
pected.' -
During this conference Mr.. Langdon stated
that he would not go TO see Judges Dunno and
Iawlor with DR.. Nieto and Dr. kaplan, but that
could go bis representative.
At about l0:45 O'Clock en- that same night
DR.. sNieto. DIR. kaplan. Burns and myself got
into Burns automobile and drove to the Temple
IsreaI at the corner of California and Webster
streets Burns left there and went away 10
hunt for Judge Dunno. Dir. Nieto arranged 1t in
SOME way so mat we got INTO JuuSe bdWipf =
chambers on the second floor in tie front OF
the building on the Webster street side. After
we had been waiting there 10 or 10 minutes, or
possibly 20 minutcs. Judge Iawlor arrived DR..
Nieto DR.. Kaplan and myself were in judge
I.3wlor's chambers when the judge walked in.
After the usual greetings had pa ssed and Judge
Lawlor had been introduced 10 Dr. kaplan. as
remember ii. ] said In substance: Judge we
came up here tonight 10 ask you what the prac-
ton TO recommendations which may be made
by the district attorney" At this point I was
| interrupted by Judge Lawlcr. who said In sub,
am an officer Of this court and the statute
vests in me the power to determine all such
matters iudeially. and I always insist upon hsv-
ing them presented to by the district attor-
ney in open court. I will say this. however.
any suggestions or recommendations that come
from the district attorneys office in open court
will entertain and act upon. 1t is my duty
to do so. The district attorney represents the
people in his official capacity. and any recon-
mendation made by him in the interest Of JUS
tice sought TO receive careful consideration from
the court. and always has and always win
receive careful consideration from me in my
court. You must bear in mind however. that
the final determination in af1 such matters rests
with me. and always require the district at
torney 10 make full statement of the facts
so that decide whether his recommends
lion is in the interest of justice or not When
/ is I'm the interest Of justice / fellow it,. and
when J am not thus satisfied refuse to fol
low it,
CUTS INTERVIEW SHORT
As soon as he had finished speaking Judge
Lawlor left the room. stating that he bad left
some friends at Tait's cafe and must return 10
them. DR.. Nieto. DR.. Kaplan and myself there
upon went downstairs and waited in the hall
and In the office which 's on the right hand
side Of the hall just yeu enter the Webster
street door of the building. few minutes
before midnight. when we had about concluded
that Judge Dunno could not be found. Mr.. Bur3s
returned and stated that he had waited Tor
Judge Dunno outside of his residence. after first
inqniring and learning that Judge Dunno was
( nat ut hat hn f<I. fhas frtaIU rhaf
DR.. Neto and myself wanted to see him at
his chambers on matter Of great Importance.
and that at first Judge Dunno fatty refused to
come. and stated that 1t was. too late at night
and that we must him In the day time.
and that he (Burns) had stated that DE-. Nieto
was going to Europe in the morning and would
not have time to see him before going and
that he knew DR.. Nieto and myself would con-
slider it great favcr IL Judge Dunno would
take but few minutes. and that finally Judge
Dunno had told him 70 go back and tell us
he preferred 70 walk. Burns had an automobile.
but Judre Dunno declined TO ride in 1t. Within
10 or Is minutes after Burns arrived TO wit. at
just II o'clock midnight. or less than five
minutes thereafter. Judge Dunno arrived. DR..
KaDlan. DR. Nieto and myself met him at the
Webster street door of the Temple Israel We
were on the inside and Turns was on the out
side. standing the sidewalk. DIR. Nieto. DIR.
Kaplan. Judge Dunno myself after the
recollect il. had been introduced to DR.. Kaplan.
moved into the room in which had been
waiting for him. We remained standing Just
inside tl.e door, and the conversation did not
last to exceed one minute. / said in substance:
Judge. l want TO apologize for bringing you
down here at this late hour. but DR.. Nieto Is
going to Europe tomorrow morning and he and
DIR. K3plan have requested to ask you to
| tell them what the practice Of your court Is
| In criminal matters in relation TO any recon-
mendations which may be made by the district
attorneys office in the interest of Justice when
| the defendant becomes witness behalf OF
the state against his accompliccs. And they
would also like to have you tell them whether
or not you have confidence in the present dis
trict attorney and myself.
OUTLINES PRACTICE
Judge Dunno replied in substance: 81 certainly
have confidence In you. Mr.. Heney. we'll rs
in Mr. Iangdop1 and 7 would give great weight
to any recommendation which either af you
hear all such matters in open court and to
require the district attorney or his assist
ant to state the facts. as Ii Is the duty II
the court to determine whether not the
recommendation Is really in the interest IF
Justice" Dr. KaplA interjected the remarK.
But. your honor. suppose a pleaded
guilty aud afterward the district attorney asked
that he be allowed to change his Piles. would
you allow that TO be done?' Judge Dunno re-
piled In substance 'My practice Is just the
same on such recommendation any other.
The district attorney his assistant would
have to satisfy in open court that his mo-
tion was in the interest of justice. OF course
| would give great weight TO his recomm enda-
tions as long as | have confidence in him, but
the final determination rests with me- aud