The San Francisco call., 1908-03-10

aface both before and after we entered into
the agreement Tor partial Immunity with Reef.
In fact, finally had :" tell Dr. Kaplan. in yhe
month OF October, 1901. thsi did not want
him TO ever come to my office again, and he
never did come again. although he continued 70
run after Mr. Burns pleading in behalf OF Huef.
ss will hereinafter and in the affidavit of
Burns more fully sppe6r
When DR.. Nietc Dr. haplar and Burns left
me in front of the Temple Israel On the night
Of April 90 1867, II was not later shan 10
minutes after midnight.
On the :.oti, day of April 1901 R,-rnS told me
that Dr. Kaaian DIR. Sieto and himself had
visited Euef tho preceding night after leaving
me. aud thai Ruef had backed and hlled
and insisted shat he Shosrid not be required 70
plead gully IN ease No. St.i TO take nv
punishment whatever and tina. the moNing
ef April 30. he tBtrnsi lad taken Dr. Niete
to Iuefs horse ana shst Dr. Nieto had again
argued with Ruef and urged him 20 accept my
propasition aud had finally told Ruef that he
: and that IL Rnef did not accept my proposition
within ~ hours from that time he tDr. Nietol
would consider himself absolyed from any re-
sponsibiltty IN the matter and would wipe his
hands of the. whole thing snG have nothing
made any agreement with tae district attorney
he would have to make il on his own respon-
sihility solely.
GREETS RUFF IN PAJAMAS
As soon DIR. Nieto returned from Europe
he voluntarily came to my office and affirmed
4 this statement made by Burns. as
viii hereinafter more fully appear Burns also
stated to me at the same time that Ruef was
! 70 Eaye talk with me personally, a. ne be
lieyed he could convince t0at it again
the interests OF the prosecution to have him
plead guilty in the Frenrh restaurant ease. as
the fact that he he'd pleaded guilty world dis
credit and lessen the weight vf his testimony
in the other cases | told Burns that I would
not Ruef. because lie would undoubtedly
I afterward misTepresent any talk might have
with him II be found i necessary or desirable
I proposition which / had sent TO him or let il
alone as he pleased. and that would not
waste any more time. with him.. but would
go ahead vigorously with the ease then on trial.
and whether / convicted him not in that
lease would Immediately Try him on one of the
! On the afternoon Of April 80. 1907. the ex-
/ animation of jurors in ease No. 315 was re-
sumed in department No . Of this court and
court adjourned until the ne1t day.
On May 1. l9p'.s the examination OF jurors
/ No. OF this aud continued from 10
/ a. M until p. M. with the exception OF
On the night OF May l. 1907 at some time
! after had gone 10 bed. was called 20 the
Z 10 bring that party 'meaning Ruef as un-
Z derstood it, Govn aud that il
would see him for just few minutes he
/ tBrusl was satisfied that that party would
accept my proposition. / protested against see
Ing him. but Burns WAS 50 insstent and urgent
that finally reluctantly consented. | put on
/ for them to Burns Rucf and william
4 J; Biggy arrived in few minutes escorted
: bigSN 10 the dining room IN the rear OF tue
fat and gave bin the evening newspaper and
bowl of nuts with which himself
Burns. Jttief ami myself sat down in the front
room and talked Ruef said 10 substance.
You making mistake Heney. IN re-
quiring me to plead guilty in that extortion
case. The fact that have pleaded guilty
10 extortion win greatly weaken and discredit
my testimony Ia the bribery The prose
cuton cannot afford 10 put me in that posi-
tion IL il wants to witness
BEGs FOR IMMUNITY
replied in substance:
There is no use in discussing that ques-
ton at all. We would not be justified in per-
+ hitting -ou to without anT punishment
whatever aad | have made up my mind deh-
niteiy that l viii make no other proposition
! to sou than the ono ! have made through
Dr Kaplan and Dr. Nieto. You must plead
/ guilty in vase No. Cos and take your chances
on the sentence that will be imposed in that
ease. II will. ali depend on you thereafter as
in that case or not We have made no prom
ises TO do so and We will not make any prom
ises TO do So All that We Will do IS 70 enter
into an agreement TO give you complete i'm
munity in all other cases provided you plead
/ guilty In that ease. and make a full. fair
and honest disclosure of all graft ofenses OF
which you have any knowledge of. including
those which you have committed alone and
those in which YOU had accompliees and those
which you know about but did not participate
| IN kuef thereupon argued 20 me at con-
siderable length that he could be of great
we would not require him TO plead guilty in
the French restaurant I cannot now
made as let it go in one ear and out OF
the other. because | had intention of doine
/ would not enter into any immunity agree
ment with him except upon the condition
precedent that he should plead guilty in case
/ No. 305 before the first witness was sworn.
My mind made up that IL COM
PEELED to try Ruef on No. 800 and thus
be delayed in reaching the trial Of Schmitz
would Immediately upon the close OF the
trial of case No sos, IL VIC failed 10 secure
conviction of Ruef. put him on trial in the
ANA falA homo hr1h UroC ahEn-
lutely certain that could convict him in that
| case.
Among other things Ruef said to me: Public
opinion would approve mr. being let 60 with
out any punishment by the prosecution Ninety
per cent Of the people of this city would sign
petition for my pardon tomorrow.
PEOPLE AGAINST RUFF
In reply said. in substance: You fooled
cannot fool them all the time and you are
now fooling Yourself instead of them. Ninety
see you sent to the penitentisry for life. and
that is what am going 10 do with yOu unless
Ddo gDS maSe sane up o s hour lna c vsy qgsS 70 asp
penitentisry some a your secompiices who are
public for long time almost as badly as
you have been fooling them
Ruef said in reply in substance: "You are
prejudiced against me. Heney. every since we
had that quarrel during last election. You
know that the public service corporations are
San Francisco and that l help you send
some of the officials OF those corporations to the
penitentiary and / also help You TO clean
! up this city and make it impossible for cor
I ruption to get foothold here again for a
long time. Son are afraid To trust me- but
ron making 8 mistake The moment it
becomes known that nave gone over To the
prosecution the most powerful Influences in this
state will all be srrayed against us. and par
ticularly against me. The moment you attack
Pat Calhoun You in fact attack Herrin- You
don't know the relation between these parties
and the corporations well i do. 1 am
| very fond of Tirey Ford. but L don't care
! rap about Pat Calhoun. and would just soon
testify against him not. But the moment
1t becomes known that l am ready TO do so.
I my life will no longer be safe. l will have
to stick the prosecution from the moment
start in with it, You aon-t know what des-
perate means these people capable OF re-
/ sorting to- My life Will not be safe II they
keep me in the county jail with 0'Neil az
sheriff they win kill TO a certainty You
don't know how many influential people are
! involved in this thing. You and Burns think
/ you know. but there lot of people whom
| you don't know anything about who are mixed
/ up in IL. I tell you that the combined in
| fuence Of all these people will make 1t next
! to impossible TO secure convictions aud will
| make II very dangerous for all Of US. Ii will
not do to lessen the weight Of my testimony
any by having me plead guilty In that cxtortioa
case. Besides that. the court would not allow
me bail after l had pleaded guilty. and the
Supreme court may knock out the elisor. and
{. then would be absolutely In the hands Of the
/ other people and they would surely kill me.