The San Francisco call., 1908-03-10

shall at any time before verdict herein enter
Indictment, lie may withdraw such plea not
less than -- days nor more than -- days
after entering such plea
This stipulation need not be fled
District Attorney of the City and County Of
Assistant District Attorney of the City and
County of San Francisco"
ULTIMTUM SENT TO RUFF
As soon as l read the paper said TO Burns
IN substance; II viii not ask Langdon to do DO
tell Ruef that l say We have given him an
agreement which embodies everything that we
promise TO do. and from which | have omitted.
at his express request, his agreement to plead
guilty unconditienaIly in case No. 305. and that
II he sends me any more such requests as this
one / will construe il as declaration that he
has repudiated his agreement and we viii call
the whole thing on and go to trial with him
next Monday No. 305. You can also tell
him that he must come in and plead guilty in
case No 800 next Monday morning. He has been
trihing with us long enough.
Burns reported TO either Sunday. May
IL. 1907. or the morning of Monday. May 13.
1907 that Ruef was still urging that we should
not require him 10 plead guilty in No. 3G5
And when we went into court Monday morning
May IL. we were. not sure what Ruef was
an animation @ o" Of Jurors in case No sos. We Sc
cured the last two jHrors on that day. The
last was Henry Euler. The jury was then
sworn to try the case. and at the suggestion
of the prosecution the case was continued TO the
e asg a. MI m is qeay s
to those fled by the defendant on his motion
for change Of venue.
On May II. 1907. at : p. m. 1u department
| No. Of this court. filed reply afhdavits
on behalf of the prosecution in open court on
the motion of defendant for & change of venue.
aud at MY suggestion the.ease was continued for
trial TO the following morning at 10 a. m. the
motion FOR change of venue having been taken
having been asked for to enable the judge Of
said court to read the reply afddarits which
had just been fled
On the same afternoon. or that night. sent
word 10 Ruef that IL he did not plead guilty
in case No. 305 on the following morning Mr..
Langdon and myself would declare his immunity
agreement Cancelled and would vigorously prose
! cute case No. 3o5 TO a verdict. aud would
thereafter Immediately try Ruef on one of the
bribery indictments then pending In department
No. OF this court
On the morning OF May 10, 1907. Burns told
me that he had seen Ruef the night before and
that Ruef would plead guilty in case % No. 800
when he came to court Rusf had made & 50 SON many ny,
TO that time. and had backed and hlled'' so
often. that l prepared to go ahead with the
sure that he would carry out his agreement and
plead guilty in case No. 305 until he had actu-
When department No. 6 Of this court con-
vened the morning of May To- 1907 Judge
change of venue which had heretofore been
submitted and denied the same.
ACH'S PRETENDED ANGER
As soon as Judge Dunno decided the motion
for change OF venue Ruef whispered to Henry
Ach, who then arose and said to the court In
substance:
II am requested by our client your honor.
that Ii Is his desire 10 have conference with
attention to the fact that up to this time Mr..
Ruef has not had single opportunity to confer
guards were not in the same room. they were
quite close by. l think in view of this fact.
that we might be granted an adjogrnmssnt s until until
may have this privilege of coDferrng with US.
1 then arose and said to the court in sub
What Mr. Ach has stated is not fact. Mr..
Ruef has always been granted privacy in his
Mr. Langdon then moved the court that Ruef
and his counsel be allowed half hours recess
Judge Dunno placed his chambers at the dis
posal of Ruef. Henry Ach and his attorneys.
shortridge. Murphy and Farsl. At the end DO OF
ply and Fairall returned into court. and soon
court called to order Ach arose and said
II should like to ask your honor's permission
to retire from this case. My client and l have
about che conduit % q b shs ras and
my intention. / might add TO take no part in
any subsequent cases in which he may figure
Judge Dunno said: Does your client consent
to your withdrawal
Ruef expressed his consent
Judge Dunno then granted formal permission
for Ach to retire from the case. and he, Ach,
left the courtroom without further talk with
Ruef. with an assumed manner that indicated
at the turn affairs had taken The fact Is. how
ever, that lie had full knowledge TO what
Ruef intended doing and had advisel Ruef to SO
do and intended to continue to advise Ruef until
the end of the chapter. is fully evidenced
from what has occurred since
am informed and believe that after Ach had
retired from the courtroom he angrfly denounced
Ruef to newspaper reporters and others for hav-
ing placed him In n wrong position by not hav-
ing advised him. Ach. 10 what he. Ruef had
intended to do, and endeavored in every way to
deceive and mislead the public. /.
After Ach had gone from the room Mr.. Short
ridge asked permission to withdraw from the
case. and such permission granted him by
the court and MFR. Shortridge has never since
participated In the. in any way TO my
knowledge. and ] Informed and believe that
he did not until that morning know what Ruef
intended doing.
in substance:
And also disagree with the defendant as
to the conduct of this case believe 1t is my
Anty however. TO remain here in court. not
wfthsfanding any OF bis subsequent actions and
give him the benefit Of my advice In this or
other cases In which he may figure"
Attorney FairalI remained In court. but had
nothing 10 say at that time
RUFF PLEADS GUILTY
At this point Mr. Ruef arose and said in sub
stance:
.'If your honor please. l desire to make a
statement. do so only after short consulta-