Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1908-03-10
NO PROMISE MADE
TO ABRAHAM RUFF
Francis J. Heney Sums Up His
Side of the Case in
$4,000 Words.
BOSS PREPARED CONTRACT.
Special Prosecutor Refused to Grant
inmunity-Rabbis Entered Affair
Upon Their Own Motion.

San Francisco. March 1O--A voltnnin-
GUS affidavit. comprising about $1,000
words, was filed in Judge Lawlor's de-
partment of the superior court this
morning by Asst. Dist. Atty. Francis j.
Heney. 1t is In answer to affidavits
previously presented by the attorneys
for the defense in their efforts to have
the indictment of Abraham Ruef for
bribery annuled, chiefly on the ground
that Ruef had been promised immunity
by the prosecution. Heneys affidavit
asserts, in substance:
NO PROMISE MADE.
That Ruef was never promised COM
plete immunity from punishment, but
was given to understand he must ac-
cept sentence for eXtortion; that 1t
was expressly stipulated that no request
for leniency would be made by the
prosecution in the extortion case unless
Ruef's testimony proved to be of as
much benefit TO the state as Ruef rep
resented IL would be and unless Ruef
furnished confederation for It,; that Su-
pervisors Wilson and Gallagher ap-
preached Ruef at the Little st. Francis
hotel and discussed immunity with him
without the knowledge or authorization
HOW RABBITS GET IN.
That Rabbi Nieto declared that he
believed Ruef should receive some pun
ishment for his crimes and that he
agreed with Heney that the district at
torney should retain the power to sem
tence Ruef at any time If Ruef failed
TO keep his agreement; that the en-
trance of Rabbis Nieto and kaplin into
the case was at their own suggestion
and initiative; that Ruef himself pres
pared a draft of proposed immunity
contract. which Heney absolutely re-
fused TO consider; that Henry Ach, and
Rabbits Nieto and kaplan held several
secret conferences with members of
the prosecution in Heney's office.
ADMISSIONS BY ACH.
That Henry Ach freely admitted Ruef
had no chance to escape conviction in
some OF the bribery cases and urged his
client TO accept the best he could get
from the prosecution; that Ach declar-
ed 10 Heney that Ruef would implicate
certain big people in big deals of which
the prosecution had no knowledge. and
specifically mentioned the names of
Schmit. Calhoun, Ford and Herrin;
that the midnight meeting with
Judges Lawlor and Dunno was sug-
gested by Rabbi Nieto, and that no
promise to dismiss cases against Ruef
was exacted from either jurist; that
the Judges were simply asked their
usual policy in regard to Diminishing
cases against defendants who had
turned states evidence, and We're ques-
toned as to their conscience in Lang
don and Heney.
FEARED DEATH.
That the habeas corpus proceedings
to determine the legality of an elisor-
ship were dismissed because Ruef fear
ed he would be killed by hired assassins
OF the ''higher-ups" II placed in Gus
tody of Sheriff o'Neil and withdrew his
petition to avoid this possibility: that
Ruef's first statement to Burns sup
posed to be part of his confession, was
false, that Ruef informed the news
paper men the day he confessed that
he expected 10 serve term in prison;
that Heney refused to have anything
further to do with Ruef when convinc-
ed that the latter was lying, and that
Heney believed that George Keane in
formed Schmit of Ruefs agreement
with the prosecution.