The San Francisco call., 1908-03-10

/ taking the ladies' OF the family along and bus-
Southern Pacific detective. following Lonergan
the witness, around ar the lunch hour ana
coming and sitting Immediately back Of the
! defendant Ford when they return 70 court
Then ind the Wilson's. even with The fact
/ that the immunity CONTRACT msy be set aside
( staring them in the face going on the witness
the Defendant And then they ask US why
don't give them chance 70 talk to kuef-
Ruef-to acquif innocent man.
''what does Ruef know about that 500,
i Let them talk with Ruef. Why, kuef never
saw that s2oo.0o The last seen Of the S2oo.-
/ 600 II was in Mr.. FoFd's hands The last seen
need OF Mr. Ruef. Cannot Mr.. Abbott tell you
in the name OF Patrick Calhoun. in the name
I OF common decency Why didn't PatricS Calhoun
/ inform Mr. Rogers. who seems IN know 20
posit in better than their own secretary knews
/ them say. why didn't he inform Mt. Rogers
where and how il deposited. so that Mr.
Rogers could have produced IL here and shown
you what Mr.. Ford did with it. VIII tell
you why-escause If was given, to Ruef and No
one else There isn't a doubt about It. There
can't be any doubt about it,
kAPLAN SPEAKS FOR .RUEF
From that time until the second trial Of TREY
/ which the impanelinE OF the jury commenced
October Il. 1907. had talk whatever with
no talk whatever with Henry Ach.
Shortly after the impanelinS OF the jury
commenced in the second Ford trial. Dr. Nap
Ian came to NV office day and asked 10
! have talk with me. Among other things he
! said. in substance: .'SIr Heney. I have had
talking with him recently and I feel sure thar
/ il you will put him on the witness stand IN the
1 factory 20 you. I am sure that he is sincerely
repentant for the wrongs which he did this city.
! 10 right those wrongs. IT you Will tel me-
what you want him to say In this Ford case !
III In IS reply VI" said in Substance sub @ DocsSr, L is
utterly useless for you TO come here and taSe up
my time saikng taxing 20 me ABOUT niei, ne ne ,, can
but you don't know the facts In these cases and
! he is fooling you. do know the facts and !
know that Ruef Is lying TO us. ! don't Ike ~
talk with you about these matters. because you
dont seem 10 understand ! don't want Ruef
10 testify 10 something which have put IN ms
mouth All l want Of Ruef is TO have him tell
US the whole truth in regard to these matters.
/ told you before that I viii Indicate in any
way in what particular or particulars consider
! Ruefs testimony false Re knows perfectly well
wherein ii is false without my telling him. and
don't propose 10 have him put you me
any OF US in position OF having tried % get
him TO testify to something that he viii here
after claim is false You only annoy and irritate
me by coming here. doctor. and wish you would
stav away I don't want to get mad at you
because l respect you and am satisfied that you
are sincere but Ruef IS making a fool Of you.
and I have wasted more time than I can spare
I in talking with you about these things You
viii do me great favor if you viii stay away
/ from my Office
DR.. KapIan made some reply of an apologetic
nature and left my office, and has never since
called me ON the telephone I was at my Office
at the time and do not know where he vas He
Heney. I don't like TO trouble you any mere.
/ but had talk with Mr. Burns and have
sm that Mr.. Ruef's testimony viii
satisfy you. He says that when he is on The
witness stand and you ask .him-' 4 interrupted
him at about this point and said in a very Sc
tone Of voice. '.Dr. kaDlan. 7 don't want
anywhere else. have asked you not TO talk TO
me about this matter any more and not to come
to my office. and ! will now have 70 ask yen
\ not to, call me any more on the Telephone i
! testimony"
RUFF INVOLVES FORD
/ A day or two later 1 told Burns about Dr.
kaPlsn having called me on the telephone and
having attempted to tell me something about
Rusf's testimony And Burns said in sub
/ stance Il can tell you what it was about.
told him that Ruef lying when he said
that Ford and he had talked about the Seoo.oo0
payment to Ruef attorney fee. aud DR.
kaplan said that Ruef had told him that when
/ you ask Ruef on his direct examination about
l the payment OF that money he will simply
state what he has before told u.s. to wit that
Ford asked him how much il would take 20 get
/ the trolley matter through the board OF super
.visors and that he (R1ef) told him il would
/ take 0.o00. and that Ford only wanted 20
pay $4,000 and that finally IN some way they
100000, and that Ford had given him $4,000
IN large package on one occasion at the ear
other occasion at the ear barns aud 100000
| in small package on another occasion ar the
| that in making this statement he would not
say anything in his direct examination about
Ford about attorneys fees. and that of course
I on the cross examination the attorneys for Ford
he wanted the 100000 as an satorneT's ie.' fee
and that Ruef would reply in a meaning way.
that he tRuef would imply by his manner aud
tone that each OF them knew better I replied
TO Burns ia substance
/ We'll. that would undoubtedly be the exact
truth II theF talked OF II rs an attorneys
Zee az All. But what a Drecous scolndrel
kuet Is TO make such a proposition to US. and
what a simple-minded fool DR. KapIan is ~,
! repeat such statement 10 You and TO attempt
be careful about how YOU talked to Dr. Kan
Ian The first thing you know he and Ruef
/ will be claiming that You tried 10 get Rlef IT,
change MS testimony and 10 state somethins
Burns replied. in substance: ..Ruef has r..
peatedly said TO me in the presence Of Others
when upbraided him for stating wnat 7 knew
10 be untrue, that he was willing TO put il in
any way | suggested and I always insisted on
exposing him then and there for his attempt to
do anything of this sort. and expressly stated
that we OILY wanted the truth Rnef would fhra
content himself with saying, Well. / have toll
presence OF DR.. Kaplan and also in the presence
OF Ach-"
I said: well. will never put Ruef on the
guess IL viii not make much difference. / would
rather let all the other defendants escape than
give him immunity after the way he has been
acting We nave strong case against both
Ford and Calhoun without Ruef's testimony
ana u jury tu3t Wouiu convict either Of them
with Rnef's testimony would convict either or
tfem without It. II is one Of the best cases &c
eombined eircunistantial and direct evidence
that ever saw"
SECOND FORD TRIAL
On October %. 1907 I made the opening state
ment to the jury In this department Of this court
upon the second trial Of TREY l.. For1. upon the
I charg Il paying and Offering 10 pay bribe to a
I supervisor In the trolley franchise matter aud in
making that opening statement I specifically
said expect 10 prove:
That Immediately after the fire this noD
board ef supervisors that had taken office in
January. 1906. was approached by the United
Railroads. through Abraham Ruef. for the grant
/ Ing or such permit; that this matter was
/ taken up By Ford with Ruef. We don't expect
| TO have Mr. Ruef take the stand and testify 70
I that fact but expect to show to you by
| other evidence that Mr.. Ford was the general
/ counsel OF the United Railroads company from
/ the time that II was organized: that Mr. Ford
| by virtue OF that fact had charge OF the mat
ter OF looking after the securing OF changes in
their permits or franchises. such as this Que
would be. and that he looked after the matter
10 some extent in connection with the applica-
tion for overhead Sutter street" etc. ETC..
October 81. 1907. was made a public holiday
by proclamation OF the governor, and thereafter
continuously until December ?. 1007. each dag
/ was public holiday
i. On Thursday night October 81. 1907 in the