The San Francisco call., 1908-03-12

allow him to withdraw that plea and to sub
miss the jnaicut R.sa ot iss not him,, or tbat in
substance and effect.
PROMISE WITHHELD
And l deny that Judge Dunno replied in an
swer to any such statement made by me or other,
deny that DR.. Kaplan at said or any time or
place asked Judge Dunno in my presence or
Mr.. Ruef pleaded guilty that Judge Dunno would
permit and consent or permit or consent to the
pea being Withdrawn and plea OF mot guilty
substituted and the indictment dismissed; or
Jnat In substance and effect; and deny that
Judge Dunno answered in my presence or hear
ing Yes, sir; yes, sir; certainly; or that In
deny that after the interview between
Judge Dunno, Dr. Nieto. Dr. Kaplan and my
Nieto and DR.. Kaplan, or either Of them, should
go that night with Mr.. Burns. or otherwise
him that everything was satisfactory tell
him that the assurance of the judges or any
of the judges that the proposed agreement of
tne @ prosecution would be carried out, had been
obtained, or tell him anything whatsoever.
deny that DR.; Kaplan and Dr. Nieto, or
other time, whether they or either of them
We're Justified men and as ministers of re-
lgion. or as men. or as ministers of religion
or otherwise, or at all, to tell Mr. Ruef that
everything was all right, or that they had re-
ceiyed the assurances or any assurance which
from the judges any of the judges that the
agreement proposed by the prosecution, or any
dgEeelnent whatsoever would De carried OUT. -
! deny that responded or stated in answer
to any such proposition or tatement YES that
is all right; or that in substance or effect.
| deny that DIR. Nieto and Dr. Kaplan, or
either of them by authority of the prosecution
or by the direction Of myself or by the direc-
tion OF Mr. Burns made In my presence or with my
knowledge or consent, pledged to Mr.. Ruef their
or either of their sacred words OF honor, or
any word of honor, as men and as ministers OF
or otherwise at all, that the prosecution
would have the cooperation OF the judges In
desv d that tne gsd to DR. DR. Kanisn or that
Mr. Burns or Mr.. Langdon in my presence or
hearing or with my knowledge or consent said
Ruef should enter plea of guilty In case
No 3o5 for the sake of public opinion or TO
carry out policy any policy whatso-
ever: and I deny that assured or said to him
at the same time or at any time, or that Mr..
Langdon Mr. Burns in my presence or hear
ing, or with my knowledge or consent, said to
him at said time, or at any time, that Ruef
would be allowed to withdraw the plea in "a
very short time, or at any time.
| deny that at my house Green street
Ruef said to me in the presence of Mr.. Langdon
and Mr.; Burns and DR.. Kaplan, or any of them,
to plead guilty in the case when he was alb
solutely not guilty; or that in substance and
effect
NOT PART OF PROGRAM
And ! deny that he ever at any time or
place made any such statement to me or in my
presence, and l deny that l asserted or that
Mr. Langdon asserted in my presence or hear
was part of our program or policy, or of any
body's program or policy.
And deny that on the first visit which Ruef
made to my house Green street with DIR.
Kaplan that / told Ruef that II he left my
nss Of fha hight sgrses IL to H &
that l would the next morning make arrange
ments with the others and prosecute Ruef to
the limit and without mercy. or that l would
send him up for life; or that in substance and
effect; and deny that. ever told him that I
would the next morning ''make arrangements
with the others. - And / that DR. KaDlau
not with Ruef on the first visit that Ruef
made to my house on Green street, and that
my house on Green street; and l further aver
that the substance Of all l said TO Ruef on that
occasion is set forth in my other affidavit here
tofore set forth and filed herein.
deny that on any occasion that Ruef. DR..
Kaplan and DR.. Nieto, or any of them were at
my house on Green street. or at any other
time or place, Ruef asked Mr.. Langdon and
myself asked me or asked Mr.. Langdon in
my presence or hearing whether the agreements
which had been proposed to him on the part of
the prosecution by Mr. Burns and by DIR. Kaplan
and Dr. Nieto, any of them would be car
ried out by either of us, or whether the
indictments would be dismissed as agreed or
whether the plea or any plea would be allowed
to be withdrawn as agreed; or that In substance
and effect.
And / deny that / answered .'afhrmativeiy''
that Mt. Langdon In my presence or hearing
answered. ''affrmatvely'' to any such question
deny that on any occasion at my house on
Green street, or at any other time place Ruef
asked Mr.. Langdon and myself or asked me
or asked Mr.. Langdon in my presence or hear
ing whether confirmed either of us con-
frmed the assurances or any assurance which
Dr. Nieto and DR.. Kaplan and Mr.. Burns, or
any of them, had given Ruef relative to the
attitude OF Judges Dunno and Lawlor, or either
or that in substance and effect.
And I deny that answered to any such
firm or that in substance and effect and
deny that Langdon in my presence or hearing