The San Francisco call., 1908-03-12

16E PEOPLE OF The STATE OF CALIFOR-
PATRICK CALHOUN rBoRSwELL Null
RRaL+X' RaL+ TIRE1 l. FORD; wILL5AM +4-6vSIv NJ AB-
10. s2s.
SUPPLEMENTAL AFFIDAVIT.
state OF California, city and county Of San
FRANCIS J. HENEY. being first duly sworn.
deposes and says in reply 10 the affidavit Of DR..
Jacob Nieto. heretofore fled herein:
l deny that Rudolph spreckels was present at
the first meeting or the second or third
meeting which Dr.. NietO had with me.
l deny that at any meeting which had with
1r Nieto that l assured or told Henry Ach or
DR. Nieto. or any one else that If Mr.. Ruef
would come through and tell what be knew
THAT immunity in general would be granted
/ deny that ever stated to Nieto, or to any
one else In NietOs presence That / desired
some slight punishment administered TO Mr.
Ruef ana aver that / always stated that l
wanted some substantial punishment in the way
Of Imprisonment in the penitentiary admin
istered TO Ruef. and that ] would not agree 10
any other arrangement or proposition
II is true that II WAS agreed by all present
at the meeting at my office, when Ach, Dr.
Nieto. DR.. kaplan, Mr.. Spreckels, Mr.. Burns,
be held and regarded professional secret,
but this was done at the request Of Ach who
the matter. Deny that Mr.. Rudolph Spreckels
uss present at mere than Two interviews in my
NIuce WLen Henry Acl. Dr. haplaQ, Or. Men,
Lsngdon and Burns were present, and aver that
he was present during the whole of one and
only part OF another meeting at my Office when
said parties were present. Deny that Rt any
at my Office, or at any other time or place, /
demanded or again demanded. ''Some slight
punishment 70 Mr.. Ruef. il only nominal; and
deny that 1 ever suggested TO Or. Nieto or TO
any one in Dr. NierO's presence thst Ruet
punishment should be slight or ''only
1 deny that I ever urged DR.. Ksplsn OF Dr.
Nieto TO 60 and see Ruef. or ever told either
one Of them 10 go and see Ruef, or requested
either Of them 10 go and see Ruef for the
purpose OF inducing Ruef 10 agree to any propo-
sitio1 or for any other purpose whatsoever, and
sver that Nieto and haplan requested each and
every interview that each OF them had with me,
sud solicited and sought such interviews as a
favor, and that gave each of them my time in
such interviews because / believed that kaplan
Was interested In saving Ruef from long term
in the penitentisry. ana that Nieto was likewise
interested In saving Ruef from long term in
the penitentiary and that both Of them were in-
terested in Ruef because be was q corelRionist.
Or. Nieto, it is fair TO state, however, always
insisted that be had no interest in Ruef per
sonslly, but was interested solely in the vel
fare OF San Francisco. Time and again DIR.
Nieto told that ! must not think he was
devoting his time in an enort to get Ruef 10
tell what be knew about graft Ia San Francisco
IN order 70 save Ruef from punishment, because
he Nieto, believed that Ruef ought to be pun
ished and wanted to him punished On one
occasion Nieto said 10 me in substance. 'Ruefs
prevailing sin is greed for money, and he ought TO
ue mace 70 give up u large part OF the IuOuc9
be got from these large corporations to improve
the streets Of San Francisco but l think be
would rather 20 10 the penitentiary than 10 give
np any large sum Of money"
MADE NO SUGGESTIONS
I deny / requested OF told Nieto 70 ask Ruef
prosecution or in the hands of Nieto and Ksp-
Ian or either OF them, or 10 place himself In
the hsnds Of either Of them at all
1 deny that * was suggested by the proseeu-
ton or By any member OF the prosecution, or
by me, Langdon, in the presence OF Nieto,
or otherwise, or al all, that contract Of I'm,
that be and Ach. or any one else, should OBJ
tain any assurances from the Judges or from
any judge. Deny that suggested that such, or
any insurance. be obtained that night from
said judges, or from any judge by myself, Kap-
Ian, and Aieto; 10, or by any one one, .,.s.. =.
the te-' night t'eG that Ksplsn. Nieto and saw
70 see said judges or sfterwsrd. that In the
event ksplan or NietO, or either Of them, pro
ceeded further in that matter and urged Ruef
10 accept said or any terms of immunity,
fafned from said indpes or from anv iudre.
OF US. were TO remember that said Nieto and
Kaplan. or either Of them, were TO pledge their
Ruef. that in the event Of their causing
Ruef to comply with their requests and de-
keeping our engagements with Ruef, but
matter Of words Of honor OF or 10 DR.. Kaplan
and DR.. Nieto, or either OF them.
Deny that I authorized or told said Ksplaa.
said' Nieto to pledge his word to Ruef in
that, or any other matter
Deny that assured" Kaplan and Nieto
on that night that my word would be kept as
any matters set forth by Nieto In his afh-
davit in connection with his statement to that
effect. but admit that ] did tell both Kaplan
and Nieto that my word would be kept as 70
any and all promises that made.
Deny that Interviews were thereupon arranged
with Judges Lawlor and Dunno. or either Of
them, for that night, and aver the fact to be rs
set forth In my other affidavit herein.
Deny that i said to Judge Lawlor in his
chambers the night OF April 90. 1907, or
ence Of Kaplan and Nieto. or anybody else.
OF st any other time, or at all, I'VE may have
70 ask you In certain cases which may come
into your court to- or that in substance and
Deny that told Ksplan and Nieto, or either
q them, after Judge Lawlor left bis cham
smple. sufficient for them, or either of them
IN the premises, or otherwise. or at all; and
they could give those ''assurances'' or any s.as-
sursnces" 10 Ruef.
MEETING IN HALLWAY
Deny that Burns conducted Judge Dunno into
the secretsrEs room at the Temple Israel be-
April 20. 1907. and the hour Of j o'clock on
the morning Of April 30 1907: and deny that
Dr. Ksplan, Or. Nieto and myself met Judge
Dune IN the Office OF the secretary; and deny
that we were awaiting his arrival in said Office
ST the moment be entered the building; and
the door of the secretary's office. and that
Or. Nieto. DIR. ksplap and myself stepped into
the secretary's office together and all remained
there standing during the converse tion which
occurred and which lasted only a few moments
Deny that I then and there said TO Judge
Dunno: Judge. Ruef wiz plead guilty to tie
indictment on trial, No 305. We may subse-
Quently ask you TO allow the plea Of guilty
Withdrawn. and that Of not guilty substituted
and the cases dismissed or that in substance
and effect
And deny that Judge Dunno replied. 81 have
confidence IN the district attorneys office and will
do what you ask that in substance and cf-
feet; and deny that DR.. KspIan said TO Judge
Dunno IN my hearing. Your honor do / nm
erdstand you 70 say that If Mr.. Ruef pleads
guilty you viii allow the plea TO be with
drawn and the case dismissed or that in
substance and effect.
And deny that Judge Dunno replied in an
swer 10 such question Yes, certainly" or
taht in substance and effect
Deny that thereafter as Judge Dunno was
about TO leave the room DIR. Kaplan said to
him. 10 my hearing. "Y0ur honor do you realix
mean that You viii allow the plea TO be with
orSwn and dismiss the case" that In sub
stance and effect.
And deny that Judge Dunno then and there
replied in answer 10 such question. Yes yes
certainly" or that in substance and effect And