The San Francisco call., 1908-03-12

them, had given the assurances" desired, or
intrust himself safely to the prosecution, or
that in substance and effect.
And deny that I replied Yes TO any such
statement or question to kapan and Nleto,
or either Of them or otherwise. at all, in
such connection or with such meaning.
Deny that ] did not At any time tell Dr.
Nieto. between the 9TH day of August 1907.
and some time during the first Ford trial ia
department No. IL, that was dissatisfied with
Ruef; and deny that, pending that Ford trial,
/. for the Hrst time, stated 10 DIR. Nieto In
general terms that j did not think Ruef was
telling all that he knew; and the facts
herein.
Deny that | did not, previous to the Ford
but admit that did not direct Nieto TO go
and withdraw any assurances from Ruef: and
consider at any time that DR.. Nieto was repre-
sentlng me or the prosecution in any respect
In that matter, and on the contrary ! did, at
all times, consider that DIR. Nieto repre-
senting Ruef in that matter. and that he would,
and did, tell Ruef everything that / ever said
10 him on that subject
deny that Dr. Nieto ever after the first trial
or TREY l.. Ford, received any assurances or
statements whatsoever from me that Ruef would
be permitted to withdraw his plea of guilty
to indictment No. 305; and deny that be ever,
at any time, received such assurances from
me, OF from Mr.. Langdon, or Mr. Burns in my
presence
deny that DR.. Nieto Immediately or shortly
than the two times | have herein mentioned.
70 wit: the first time in December. 1907, at the
Temple Israel on that day. the day before |
office, January 9th. 1905 the day l returned
from Arizona TO San Francisco, requested me to
cause n the e94 plea OF. Of ggilty to be Withdrawn In
time, said TO DR.. Nieto. to any one else, tha t
refused to do so because ! desired to hold
stated to DR.. Nieto, or to any i one else. that
aver that what did say to Ruef and
forth in my other affidavit hled herein.
And af6ant further deposes and says In reply
tofore filed herein
deny that in the latter part of April. 1907.
at any time, that Dr. Nieto and Dr. Kaplan
or either of them. was requested by me or hy
any6ody else Through my suggesti9n Or % autnori,
Rudolph Spreekels or any one OF
STATEMENTS UNAUTHORIZED
at any other time or place, urged or re.
quested DR.. Nieto and DR.. Kaplan OF either Of
them, to prevail on Mr.. Ruef to tell what he
knew Of the matters involved in the graft
prosecution cases; and deny that William J.
Burns or Rudolph Spreckels. or anybody else
made such a request of either DR.. Nieto or DR..
Kaplan in my presence at any time.
deny that at any meeting in April, 1907. or
at any other time or place. I urged or requested
Dr. Nieto and DR.. Kaplan, either of them,
TO prevail on Mr.. Ruef to tell what he knew
Of the matters involved in the graft prosecu-
Rudolph Spreckels anybody else made such
a request of either Dr. Nieto or Dr. KaplAn
presence
deny that at any meeting in April, 1907, or
ct any other time or place, | authorized or told
Dr. Nieto and DR.. Kaplsn. eithe rof them,
to tell Mr. Ruef and his family, or Mr.. Ruef
or his family, that all cases in which he had
been indicted. or in which he would be in
he would tell all be knew Of the matters In
volyed in the graft prosecution cases; and deny
that William ]. Burns, or Rudolph Spreckels.
anyone else so authorized or told DR.. Kap-
Ian and DR.. Nieto either Of them, at any
time in my presence or hearing.
And deny that IN the latter part Of April,
1907, or at any other time, | authorized any
one 70 tell, or told, DR.. Kaplan and Dr. Nieto,
or either Of them. that Ruef would not be fur
ther prosecuted, and l deny that William j.
Burns, or Rudolph Spreckels. any one else
SO told DR.. Kaplsn and Dr. Nieto. or either
ot them at any time In my presence; and
st any other time, DR.. Nieto and Dr. Kaplan,
or either OF them, was assured or told by me, or
by William J. Burns Rudolph Spreckels,
or any one else in my presence or TO my knowl-
edge, or authorized by me, or by Burns or
my knowledge. to say to Ruef that the mayor Of
San Francisco had offered to tell all he knew of
Mr.. Ruef, but that the prosecution had rejected
his oner, or that all the public service
porstion were also ready to make a scapegoat
OF him, but that we or any of us preferred to
prosecute the men connected with the public
service corporations, as we considered them the
fountain-heads Of municipal corruption rather
than Mr.. Ruef, and that we. any of US. were
he woiId s.come throileb,,: or that in substance
CSSA
restore himself TO public confidence Il we or
any of US could prevail him to "come
through" or anything like that In substance or
And deny that at any time told Dr. Kap-
Ian Or any one else in his presence that s.ad-
Ian, or say in his presence on perhaps more
tnan one occasion that l had at one time
help admiring his ability although 1 regretted
to see it put TO such bad uses.
PLEA WAS TO STAND
deny that / ever at any time assured or told
Dr. haplen or Dr. Nieto, or either OF tbcm thar
II I'M Mr. Ruef would would ,I some through | would
tsursnt case, which then in progress be-
fore Judge Dunno, with the absolute or any
promise that the plea should thereafter be with
drawn, or that case entirely dismissed; and /
deny that Rudolph Spreckels William j. Burns
ever assured or told Dr.. Kaplan or DR.. Nieto.
or either Of them, any such thing in my pres
ence, or with my knowledge or consent; and /
deny that | ever assured or told DR.. Kaplan
and DIR. Nieto either of them,t that for
reasons of policy or for any other reason,
did not wish them or either of them to pro
claim that fact to Mr.. Ruefi and deny that
l ever at any time assured or told DR.. Kaplan
and DR.. Nieto, or either of them, to give Ruef
their words as men and ministers, or
ministers, that Ruef could safely trust the
prosecution, that Dr. Kaplan and DIR. Nieto.
or either Of them. could guarantee Ruef that
everything would be done for him so that no
punishment would be meted out to him / deny
that Dr. Kaplan agreed to see Mr.. Ruef,
and l aver that he voluntarily offered to do
kind whatsoever from me, or from any one else
in my presence, with my knowledge au-
thorlzation; and / deny that DR.. Kaplan and Dr.
Nieto, or either Of them, presented said or any
matters TO Ruef by request Of myself or by re-
quest Of any one else connected with the prose-
cution made in my presence or with my know-
edge or consent, except set forth In my other
affidavit heretofore made and filed herein.
/ deny that DR.. Kapan and DR. Nieto or
either of them. called at my office on the even
ing Of the day that they had talked with Ruef
when Dr. Kapian says that Ruef promised 10
entertain the proposition Of immunity, at my
request or at the request of either Mr.. Burns
Or Mr.. Spreckels made In my presence. or with
my knowledge consent; and ! aver that
they voluntarily sought the interview In question
as friends of or representatives Of Ruef and
sent word to me that they would like to see me-
/ deny. that at the meeting described in DR.
Ksplans affidavit as having lasted for some
two hours in my office in the latter part OF
April 1907. when Mr.. Langdon, Mr.. Burns, Mr.
Spreckels, Henry Ach, DIR. Kaplan DIR. Nieto
aud myself were present or at any other meet
ing. 1t was decided stated by me or by Mr.
Isengdon in my bearing presence or with nv
that Mr.. Ruef should be offered
complete immunity or that any plea OF guilty
which might be entered by Ruef in the French
case on which he was then being
tried, was TO be subsequently withdrawn and
thereupon dismissed, subsequently withdrawn
0r tbereupon dismissed.
I deny that ii was said by me or by Mr.
Langdon in my presence or with my knowledge
at said last mentioned any other meeting to
DR.. Ksplan and Dr. Nieto and MIR. Ach. or any