The San Francisco call., 1908-03-10

that if he does not sign this one we win de.
clare the. whole thing on and go 10 trial next
monday In case No. 3D5.
Burns returned To my office some hours later
sno an .oia me that the agreement was SATISFACTORY
given it to Dr. Bernard ~ kaplan in Burns
presence, and had said to DIR. kaplan In sub
stance stance. Doctor. | want you to give me your
this in your personal possession OF under your
personal control And that DR.. kapian had
thereupon assured Ruef that he would do SO.
Burns further stated that after he and DR..
Aapian left Ruef's room be tBurnsl said 10
ised TO do or shall both go down and put
it In the safe deposit box as was agreed upos.n,
And that DR.. Kaplan replied In substance. Il
know that told you. Mr.. Burns. that ] would
was signed. as i have absolute confidence in
you and do not wish TO keep II in my possession.
OF n9nor not TO let 1t go out OF my possession;
and would not feel right IL / broke my word
OF honor TO him. | have no time to go down
now and put ii in the safe deposit box, but
you and can do so some day very soon-'
told Burns in substance that IL looked TO
me as IL he Burns was more careful TO pro-
ton: that had all insisted that the agree
ment must remain in the joint possession OF
wnere II could not be taken out without tue
consent of both and that he tBurnsl had no
Individual possession. and that Ruef might cause
us lot of trouble by refusing TO plead
guilty. IN case Nc. 305. as the agreement omitted
All reference to his agreement to plead guilty
In that case
Burns replied In substance. There is DO
danger of Ruef failing TO carry out his agree
ment. He has already told me the facts in
the trolley franchise case and he is not going
10 back. ont now, and he knows that If he does
not Keep faith with the prosecution We VIII
declare the agreement OF and prosecute him
anu convict him in of the bribery cases.
ana that he will then be sure TO get IA years
IN the penitentiary-' ! replied that II did not
make any difference. that ii was no way to
feared we would still have trouble about 1t. and
that he must get DIR. Kaplan to put the agree
ment IN the safe deposit box jointly with Burns
immediately
Each day thereafter until about May 49, 1907.
asked Burns whether DR.. kapian and ne had
yet put the agreement in the safe deposit box.
and on some of the occasions Burns told me
In substance that he had not been able to see
Dr. hapian that day. and on other occasions he
told me that DIR. kapian had GAINED tiist h..
WIS too busy TO go down town and would at
tend TO IL in a Few days.
On or about SATURDAY. May IL. 1907. Burns
came TO me with paper. which he said Ruef
had asked him to get sir. Langdon and myself
TO ill out the blanks in and sign The paper
is in words. figures and blanks as follows.
TO wit:
In the superior court of the state of Califor-
mia, In and for the city and county OF San
Francisco.-People of the state of California; VS..
"It is stipulated that If defendant herein
shall at any time before verdict herein enter
indictment, he may withdraw such plea not
less than days than days
after entering such plea.
This stipulation need not be fled.
District Attorney of the City and County Of