The San Francisco call., 1908-03-10


and every one of the foregoing ideas to him
in substance and effect, and in substantially
that language: Dr. Nieto stated in reply that
he agreed With me. and that he thought II
would be improper to let Ruef 20 without any
punishment and that had the right idea in
regard to my duty in the premises. and that
he wanted to help carry out those IDEAS and
that he had no other purpose In interesting
himself in the matter.
l am informed and believe that some few
days prior to April IL 1907. and in that same
month"; at time when I not present in
the office, Burns asked my partner. Charles
W. Cobb TO dictate for him draft Of I'm
munity contract similar 70 the one which
had been given to the supervisors; that he
had told Ruef that he advising Heney to
give Ruef the same kind OF immunity con-
tract that he had given TO the supervisors, and
that he (Burnsl wanted to show Ruef what he
tBurnsl was recommending; and that Cobb
thereupon advised Burns that 1t would be inn
possible to give Ruef such agreement as
the supervisors had. for the reason that they
were In different position; that Ruef was
already under indictmen. some 60 or 20 times
and might be thereafter indicted By the grand
jury. and that he understood that it was IN
tended that the supervisors should not be in
dicted' at all, and that II understood that
they would not be. and that therefore an agree
ment such as the supervisors had would not
ht Ruefs ease or be OF much account TO him;
and that Burns thereupon stated to Cobb that
what be wanted was draft of an agreement
which would give Ruef complete immunity or
as complete immunity the supervisors had
received. that he could show Ruef what he
was recommending TO Heney, and that in re-
thereupon dictated draft Of an agreement
which is in words figures and blanks as fol
lows. to wit:
SAMPLE CONTRACT DRAWN
.'San Francisco. Cal, April -. 1907.
the city and county Of San Francisco state of
California, has this day agreed to make to me
full and fair disclosure Of certain crimes, and
efenses committed by himself and by himself
jointly with others. and by Others. and of all
crimes and ofenses committed By himself ana
by himself jointly with others, and by others
and has agreed in making such disclosures 10
state freely. fully and wholly all of the facts
and circumstances in and about and surround
ing the same together with the names OF ali
persons. firms and corporations therein IN
volved. and in making such disclosures and
statements to tell the truth. the whole truth
and nothing but the truth
Now, therefore, IL is agreed by me. that II
said. ......-....----.-..-...- shall make
such full and fair disclosure of all OF such
crimes and onenses and shall state to me
then the truth the whole truth and nothing
but the truth and shall make ful and falr
disclosure OF all Of said crimes and offenses
together with all of the facts and circum-
stances in and about and surrounding the same
and the names of all persons. firms and eorpo-
rations. therein In any manner whatsoever IN
ceeding, whether before any court or grand
jury, testify in regard thereto fully and fairly.
together with all OF the facts and circumstances
surrounding the said crimes and Oifenses and
the commission thereof. together with all the
names of the persons. firms and corporations
therein manner whatsoever luNOtNeU dhu
shall state, tell and testify on oath the TRUTH
the whole truth and nothing but the truth
therein. then and in trut event all lndlct-
ments now pending against the said. -
...............-.i in the superior court OF the
state of California in and for the city and
county of San Francisco. shall be, at time
suant to section 1899. penal code. and any
and all indictments hereafter found anu re-
turned by the grand jury OF the city ana
county of San Francisco against the said
-. =
time hereafter to be agreed upon dismissed
pursuant to the provisions OF section 1889 Q.
the penal code OF the state Of California; and
should any criminal action or proceeding De
commenced by any individual in the courts OF
the state of California in and about or in
yolying any of the offenses or crimes disclosed
or testified to by said
then l Will use my best endeavors 10 nave the
should / be not elected to succeed myself
as district attorney of the city and county OF
San Francisco at the expiration of my present
term. then and in that event and before my
term expires, l will, provided the SAID.
............. has fulfilled the spirit and the
letter of his agreement herein dismiss all In
dietments and criminal actions then pending
against the said. IN
pursuance OF the provisions OF section 1893,
| penal code Of the state OF California
and that Cobb thereupon delivered the original
copy thereof to Burns and retained two carbon
copies in the office, and | am informed by Burns
that he took that original draft of the immunity
agreement to Rusf and told Ruef that that was
what he recommending 10 Heney-
did not at that tins. authorize Burns 10 lniAe
any such offer TO Ruef as Is contained In the
foregoing draft of the agreement, and l have no
recollection of Burns telling me that he was go-
ing to take it to Ruef. that he had taken. it
TO Ruef for any purpose.
On April IL. 1907 Burns brought to my office
a proposed immunity agreement. which he stated
had been prepared by Ruef and which Ruef told
Burns to tell would be acceptable to him lf
Mr. Iangdon and myself would execute 1t and
would procure the promise of the presiding judge
of this court 10 assign all indictments against
Ruef and against Ruef and others to one and the
. cure the signature TO said agreement Of the
judge OF the department to which said indict-
ments were 20 be assigned. IL is my best reco-
lection that Mr.. Burns handed me the proposed
agreement during the noon recess At the time
he handed It to me he stated that he had prom
unless agreed to sign it and that he would re-
turn 1t to Ruef Immediately II I refused 10 sign
who was present Cobb called in one OF our ste
nographers and told her to copy II and TO bring
ii back to him soon as she had copied IT,
turned the original to Burns. Said proposed
agreement sent TO me by Ruef on the 11th day
Of April. 1907, is in words. figures and blanks
as follows, to-wit:
RUEF,S OWN DRAFT
I'm consideratio that -.--.-.-.. has agreed
TO impart TO the district attorney of the city and
county Of San Francisco certain information of
called graft eases in San Francisco the under
signed agree and undertake that IL the said
........ shall make full and fair disclosure to
said district attorney OF all information in his
knowledge or possession relative to the following
matters, which information is not known TO the
undersigned and Is of great value 10 the prose-
cution in that without II the prosecution believe
it could not successfully prosecute certain per-
sons for serious onenses. to-wit ......-.......
and IL said ......-. shall hold himself ready 10
testify fully and fairly in respect thereto in any
criminal court proceedings In which his testi-
mony shall be required by the undersigned, the
undersigned -.-.......--..-..----.-.-
/. WIN grant and obtain for said -......-
| full and complete immunity from prosecution or
pfabr fcr aI nF QFc Ar >Fir0cG
ccmmaitted or participated lie. or alleged TO
have been committed or participated N by said
....-.-- and win not prosecute said ..-.-..-
! for any thereof.
2. WIN dismiss all and any criminal proceed
! ings and indictments now pending against said
l........ In the courts OF the city snd county OF
San Francisco, state Of California, which
| may hereafter be brought or instituted against
! him for or BY reason Of any ofense crime
alleged ofense crime heretofore and prior 10
/ this date committed participated in, or al
! legged to have been committed or participated IN
| by said
| 3. VIII cause said TO be jointly land
not ofherwisei indicted with all and any others
| against whom indictments have heretofore been
| or may hereafter be returned or found. for or
upon any matters, ofenses or crimes. or alleged
offenses or crimes in which said has
| participated or is alleged or claimed 70 have
| participated. to this date; and thereafter will
| cause and procure said TO be discharged
as provided by section ten hundred and ninety
nine u099p Of the penal code OF the state OF