The San Francisco call., 1908-03-10
Esor Provided for Request

lor on the -, day Of July; 1907; and from tha
either directly. or Indirectly. with the admins
tfaticn Of public anairs ip this city ard county
E. pos 3, as asepi Pitch eRy
strictly to the district stt9sn.ys ,9s r., office Ek
moral standpoint 10 permit the sale of ts tn,
trolley franchise 70. the Psrkeide realty com
! Of supervisors, aud the. mayor. because sucf
| action On their part would. in effect be ratify
made m t natter .na aG brlDs ~ 9,eS mac
Of which it had reached the stage OF ths
| proceedings in which 1t then rested before ths
this same thing to four or hve members OF the
board, board Of supervisors E % who asked me for my
sns the sOssI hs cos me that
Between the time of the. con yIeticn OF schmitz
and the first OF August 1907. DR.. Kaplan came
to my Office several times and talked to me
The doctor stated that Ruef had told him that
eases and would not believe him, and that tt
Also, also said he Vas lying in the other cases and
told Dr. Kaplan I had told Ruef that he
matter Of fact Ruef was lying in all the cases.
| what particulars Ruef had lied.
/ replied, in substance:
Doctor, it. is useless TO ask me to give you
the particulars or to attempt to convince Won
| how know that he is lying Before you could
look at bis statements from my point of view
you would have to know all fhe evidence Of all
the other Witnesses in all Of these cases 20
| that you could determine whether or not RueEs
and circumstances In each case. 1t is impos-
sinie f0r me to put You in my position More
oyer Ruet seems to be able to CONVINCE you
convinced you for instance. that he is absolutely
innocent in the French restaurant cases. You
believe him as telling you the truth in that
natter
DR.. Kaplsn sinterjected the remark:
Yes. do. Mr.. Heney.. He assures me upon
bis word Of honor that he il telling the truth
and have talked to him minister Of re-
lgion and asked bim to speak TO me In that
truth and that he is perfectly innocent in the
NATTER
Il replied In substance:
Wen, doctor, it would be waste of time
TO endeavor TO convince you 10 the contrary; but
no II. honest mep sitting on a Jury would ever
by an honest Jury in any one. OF the French
restaurant cases he will be convicted"
NIETO VISITS HENEY
also said to DR.. Kaplan in substance:
the am % which g cs yfS nt Rnef
been lying in any of these other cases, because
4 do tsll you I am sure you will 60 back to
Ruef and ask him about it. and the result
will be that some time when we are prosecut-
! ing Ruef in some of these cases. as We undoubt-
edly will be doing at some time, Ruef will
claim that I tried through you TO get him to
testify In certain way although knew that
the facts were TO the contrary. I have had
considerable experience with criminals. doctor,
and Ruef is the most audacious and dangerous
one that ! have ever met, and I have been
very careful aud intend to continue to be very
or, through any one else, that which can be
tortured n into into wrong mesning.'
Why. Mr. Burns has told me some Of the
things that you think Ruef is lying shout
a number OF times that he ought not TO dis
euss those things with yeu because you can
De cs s Sss R M
him to testify in certain way IN relation to
During the month Of August. 1907 while the
case of People against Louis Glass. according to
my. best recollection. WAS on trial before this
dsr and sisted that he h,d ra;rro.d from,
Europe short time before and that Ruef and
Or. Kapian had both told him that had stated
French restaurant case. as well as In other
cases, that was not going to carry out the
With Ruef and which Or. Kaplsn and M.
Burns, as Or. Nieto understood II. had In their
lSieto) would like to know from me whether
had stated that Rusf was lying and whether
II hne. was ~ really lying and whether ! Intended
(Nietol understood Ruef had agreed to enter
into after he (Nieto) left for Europe
sa 1ot TO Dr. S2 Ns9 IL sD II sus
for Ruef, doctor; Burns tells me that you told
Ruef when you were leaving here that il he
frem thar time you would not hold Yourself re-
sponsible in any way for any agreement which
be might. thereafter enter into and would wash
your hands Of the whole proceedings
DR.. Eieto replied in substance:
That is true. and did tell Ruef that 1 have
until some time AFTER LETT How H long was its''
Il replied in substance, II don't remember
exactly. but it was from one week to 10 days
Langdon and myself, and tired to change the
terms. and you are certainly not responsible for
bis axreenent don't see why you should
hold yourself responsible In any way for it,
Dr. Nieto replied in substance: THAT is
right, and Twill 90 and tell Ruef so. 1t Is
none Of my business. You. know that never.
at any time. asked or wanted you to let Ruef
so without any punishment. ] always agreed
with you that he ought to receive some punish
ment, and think yet.''
NIEFO CALLS RUFF LIAR
A short, time thereafter Dr. Nieto returned
to my office and told me that he had told Ruef
that be did not consider himself responsible in
any war for Ruef's agreement: that he bad
washed his hands OF the whole thing But that
as be tNiefc) bad induced DIR. Ksplan TO 20
into the matter on account of his own intended
departure for Europe. he felt under obligations
TO Hr. kaplar to see him through it.
DR.: Nieto also said in this conversation tha t
Dr. Kaplsn was greatly excited because some
OF the attorneys for some Of the defendants
ment with Ruef and wanted to get copy
According to my best recollection DR., Nieto
also said that Bert .Sehfesinger who was one
Of the attorneys for one or more Of the de-
PENDANTS IN the Parkside case, had told him
tNieto) that the United Railroads attorneys
knew all about the written immunity agree
ment with Ruef, and that Schlesinger had
| asked Nieto to give him copy OF the agree
ment, and that he (Nieto )had told Schlesinger
that ne had never seen such agreement.
DR.. Nieto said:
You know. Mr.. Henes. that my statement
.,s is true l never did see that immunity agree
In. this same conversation, Dr. Nieto also
said in substance:
'.Dr. Kaplsn believes everything that Ruef
tells him. and Ruef' is certainly an awful lair
and be cannot fool me like he does DR.. Ksplan.
told Or. Kaplan and l told Ruef that Ruef
has been lying 10 you people, and that he could
nor expect leniency from you unless he acts in
good faith and tells YOU the whole truth In
all these matters told Ruef that his claim
that he received money in the French restau-
rant cases attorneys fee is rank non
sense and that nobody would believe him even
II be did have written agreement
On September Z. 1907. j made trip to Sc
attic. Wash. and arrived here upon my return
on the morning of September IS, 1901
The examination of Jurors In the case of
people against TREY L. Ford, charged with
bribiug and Offering TO brbe supervisor to in
nuence his vote the aforesaid trolley fran
chsc ordinance granting the United Railroads of
San Francisco the privilege of operating the
overhead trolley on parts OF Its system which
it previously operated by cables. was com
menced in this department of this court on
Friday. September, H. 1907. and the examina-