Chapter XXXV: Appendix (2)

"Whereas, James L. Gallagher, E. J. Walsh, F. P. Nicholas, C. J. Harrigan, Max Mamlock, J. J. Furey, Jennings Phillips, Thomas F. Lonergan, James F. Kelly, L. A. Rea, W. W. Sanderson, Daniel C. Coleman, Sam Davis, A. M. Wilson, M. F. Coffey, all of the City and County of San Francisco, State of California, have each made to me a disclosure of certain crimes and offenses committed by himself, and by himself jointly with others and by others, which he claims to be a full and fair disclosure thereof, so far as known to him.

"Now, therefore, in consideration of the premises, deeming it to be in the interest of public justice, and believing that each of the above-named parties will thereby become equitably entitled to such consideration, in accordance with the time-honored custom and practice of prosecuting officers, in both State and Federal jurisdictions throughout this country, and in line with common law precedence, it is agreed by me that if he has made a full and fair disclosure of all of such crimes and offenses and has stated to me the truth, the whole truth and nothing but the truth, and if he shall whenever called upon to do so by me, or by any other officer on behalf of the People of the State of California, to again make a full and fair disclosure of such crimes and offenses, together with the facts and circumstances surrounding the same and the persons therein involved, in any cause, action or proceeding whatever in regard thereto, fully and fairly, together with the facts and circumstances surrounding said crimes and offenses and the persons involved, and tell and testify the truth, the whole truth and nothing but the truth, then, and in that event, each one of them who so does shall not be prosecuted, complained against or indicted for any of said crimes or offenses, or his connection therewith.

"It is understood that the making or verifying of any affidavit or answer in the case of 'Langdon vs. Ruef, et al.,' heretofore brought in the Superior Court of this city and county, is included in this agreement; and it is further understood that Fred P. Nicholas shall not be further prosecuted in the case now pending against him in which he is under indictment in this city and county, upon the charge of accepting and agreeing to accept a bribe from one Holmes.

"Signed: W. H. Langdon, District Attorney: Francis J. Heney, Asst. Dist. Atty. Witness: James L. Gallagher."

The People vs. Ruef, page 1382.

DISTRICT ATTORNEY LANGDON'S PLAN FOR REORGANIZING
THE MUNICIPAL GOVERNMENT.

=(See Chapter XVII.)=

"San Francisco, July 9, 1907.--To the San Francisco Labor Council, the Merchants' Association, the Building Trades Council, the Chamber of Commerce, the Board of Trade, the Real Estate Board and the Merchants' Exchange: Gentlemen--We respectfully submit to your consideration and ask your co-operation in the carrying out of the following proposed plan for the selection of a Mayor of the City and County of San Francisco for the unexpired term of Eugene E. Schmitz, who, having been elected Mayor of the City and County of San Francisco in November, 1905, was on the 13th day of June, 1907, convicted of a felony; to wit, of the crime of extortion, by a jury in Department No. 6 of the Superior Court of the City and County of San Francisco, State of California. Thereafter, upon the 8th day of July, 1907, judgment upon the conviction was duly pronounced and entered, by which a sentence was imposed of five years' imprisonment in the State Prison at San Quentin.

"The Political Code of this State, and the charter of the City and County of San Francisco, both provide that the office becomes vacant when the incumbent is convicted of a felony, and in several decisions our Supreme Court has held that the words 'convicted of a felony,' signify the verdict of a jury. That court has also held that this provision of the code and charter is self-acting, and that the vacancy is created 'eo instanti,' upon the happening of the event, and that all that is necessary is for the appointing power to fill the vacancy thus created. By virtue of the conviction of Eugene E. Schmitz, the office of Mayor of the City and County of San Francisco became vacant. Upon the 9th day of July, 1907, the Board of Supervisors, pursuant to the charter, elected as Mayor to fill the vacancy thus created Dr. Charles Boxton. This action was taken to avoid legal complications in the interim, before a permanent selection of Mayor could be made, and it is thoroughly well understood that the selection of Dr. Charles Boxton is merely temporary.

"The conditions surrounding the present Board of Supervisors have been so completely explained, through the public press, that it is unnecessary to go into further detail in that regard than to say that Dr. Boxton has offered to resign his office as Mayor, as soon as a suitable successor has been found. In the present unprecedented condition of the municipal government, circumstances have made it the duty of the District Attorney, in the interest of the public welfare, to take the initiative, in the endeavor to find such a successor.

"It is the desire of the District Attorney as speedily as possible to confine the operations of his office entirely to those duties ordinarily incumbent upon it. The next election for city officers takes place in November of this year, but the situation of the city government, and the material conditions obtaining in the city with regard to necessary public improvements, render it absolutely indispensable that we proceed with the utmost energy to obtain for the office of Mayor a man of unblemished integrity and great executive ability.

"The District Attorney and his associates, realizing that the selection of a Mayor to fill the unexpired term in question should be made by as representative a body of the people as possible, have deemed it wise to call together a convention that will be, as nearly as circumstances and the time at our disposal permit, fairly representative of the community at large. For that purpose they have decided to call together a convention composed of thirty delegates, fifteen of whom shall represent labor, and the remaining fifteen shall represent employers generally.

"It is, of course, impossible on account of the limited time at our disposal to accord representation to all the organized bodies in the city entitled to the same. All that we can reasonably be expected to do is to make a sincere and earnest effort to have the convention composed of delegates from such well-known organized bodies, large and varied in membership, that the people generally will be satisfied that the plan of selection is fair, reasonable and democratic.

"The prosecution in the graft cases feels that it is highly desirable to keep politics out of the organization of the city government as much as possible until the people, in the manner ordained by law, have an opportunity at the ballot-box again to express their will directly.

"We address this communication and invitation to the following bodies, to wit: The San Francisco Labor Council, the Merchants' Association, the Building Trades Council, the Chamber of Commerce, the Board of Trade, the Real Estate Board and the Merchants' Exchange. We respectfully request the foregoing associations to send delegates to the proposed convention on the following basis of apportionment, that is to say, that the two bodies representing labor shall select fifteen delegates, eight of whom shall be selected by the San Francisco Labor Council and seven by the Building Trades Council, and the remaining fifteen members of the convention shall be selected, three each, by the remaining five bodies above mentioned.

"It will be appreciated that it is necessary to impose a time limit within which the selection of delegates shall be made, and the subsequent nomination of a Mayor by the convention shall be accomplished. In that view we ask that a response to this invitation, containing the names of the delegates selected, be delivered to the District Attorney's office, 2181 Fillmore street, on or before Saturday, July 13, 1907, and that the Mayor be nominated within five days thereafter. The success of this plan, in our judgment, depends absolutely upon the harmonious co-operation of all sections of our people, who, we believe, are fairly represented by one or more of the foregoing associations. Consequently we deem it essential to prescribe as a condition for the assembling of the proposed convention that this invitation shall be accepted by all of these bodies.

"This plan for the selection of a Mayor is the result of most patient, thorough and anxious deliberation on the part of those associated in the graft prosecution, and its single purpose is to satisfy, so far as in our power, the desire of all good citizens to sink factional and political differences and choose for Mayor a man who will be generally recognized and accepted as representative of the whole people, who will bring to all industrial disputes a spirit of conciliation and harmony, and who will be possessed of the capacity, energy and honesty needed in the great work of rehabilitating our city and restoring it to normal conditions. We desire that perfect freedom and independence of action shall govern the convention from its inception to its close, and accordingly the District Attorney and his associates will wholly refrain from any participation after the convention has assembled. I have the honor to be,

"Yours very truly,
"W. H. LANGDON, District Attorney."

ROOSEVELT'S LETTER TO SPRECKELS ON THE GRAFT SITUATION.

"The White House, Washington, June 8, 1908.

"My Dear Mr. Spreckels--Now and then you and Mr. Heney and the others who are associated with you must feel down-hearted when you see men guilty of atrocious crimes who from some cause or other succeed in escaping punishment, and especially when you see men of wealth, of high business and, in a sense, of high social standing, banded together against you.

"My dear sir, I want you to feel that your experience is simply the experience of all of us who are engaged in this fight. There is no form of slander and wicked falsehood which will not as a matter of course be employed against all men engaged in such a struggle, and this not only on the part of men and papers representing the lowest type of demagogy, but, I am sorry to say, also on the part of men and papers representing the interests that call themselves pre-eminently conservative, pre-eminently cultured.

"In such a struggle it is too often true that the feeling against those engaged in it becomes peculiarly bitter, not merely in the business houses of the great financiers who directly profit by the wrongdoing, but also in the clubs, in certain newspaper offices where business interests exercise an unhealthy control and, I regret to add, in other newspaper offices which like to be considered as to a marked degree the representatives of the cultivation and high social standing of the country.

"Now, I do hope that you and your colleagues will treat all this bitterness with entire disregard. It is of small consequence to you, or to any of us who are engaged in this work, whether men think well or ill of us personally; but it is of very great consequence that we should do the work without flinching, on the one hand, and on the other hand, without losing our good-humored common sense, without becoming angered and irritated to a degree that will in any way cause us to lose our heads.

"Therefore, I hope that you and Heney and your associates will keep reasonably good-natured; but that above all things you will not lose heart. You must battle on valiantly, no matter what the biggest business men may say, no matter what the mob may say, no matter what may be said by that element which may be regarded as socially the highest element. You must steadfastly oppose those foolish or wicked men who would substitute class consciousness and loyalty to class interest, for loyalty to American citizenship as a whole, for loyalty to the immutable laws of righteousness, of just and fair dealing as between man and man.

"It is just as bad to be ruled by a plutocracy as by a mob. It is profoundly un-American and, in a social sense, profoundly immoral, to stand for or against a given man, not because he is or is not a brave, upright and able man, but because he does or does not belong to a labor union or does or does not represent the big business interests. In their essence, down at the foundation of things, the ties that are all-important are those that knit honest men, brave men, square-dealing men, together, and it is a mighty poor substitute if we replace these ties by those that bind men together, whether they are good or bad, simply because they follow a particular business, have a given social standing or belong to a particular organization. It is an evil and a dreadful thing for laboring men to endeavor to secure the political dominance of labor unions by conniving at crookedness or violence, by being 'loyal' to crooked labor leaders, for to be 'loyal' to the fancied interests of the unions when they are against the laws of morality and the interests of the whole people means ultimately the destruction of the unions themselves, as an incident to the destruction of all good citizenship.

"But it is, if anything, an even more evil and dreadful thing to have the merchants, the business men, the captains of industry accessories to crime and shielders and supporters of criminals; it is an even more dreadful thing to see the power of men high in State politics, high in finance, high in the social life of the rich and fashionable, united to stifle the prosecution of offenders against civic integrity if these offenders happen to be their friends and associates; and most evil of all is it when we see crooks of a labor party in offensive and defensive alliance with the crooks of a corporation party. Labor unions and corporations alike should be heartily supported when they do good work, and fearlessly opposed when they stand for what is evil. The best kind of wage worker, the best kind of laboring man, must stand shoulder to shoulder with the best kind of professional man, with the best kind of business man, in putting a stop to the undermining of civic decency, and this without any regard to whether it is a labor union or a corporation which is undermining it, without any regard to whether the offender is a rich man or a poor man.

"Indeed, if there can be any degrees in the contemptuous abhorrence with which right thinking citizens should regard corruption, it must be felt in its most extreme form for the so-called 'best citizens,' the men high in business and social life, who by backing up or by preventing the punishment of wealthy criminals set the seal of their approval on crime and give honor to rich felons. The most powerful ally of lawlessness and mob violence is the man, whoever he may be, politician or business man, judge or lawyer, capitalist or editor, who in any way or shape works so as to shield wealthy and powerful wrongdoers from the consequences of their misconduct.

"You have heart-breaking difficulties with which to contend. You have to fight not only the banded powers of evil, but, alas, that it should be said, the supineness and indifference of many good men upon whose zealous support you had a right to feel that you could rely. Do not be discouraged; do not flinch. You are in a fight for plain decency, for the plain democracy of the plain people, who believe in honesty and in fair dealing as between man and man. Do not become disheartened. Keep up the fight.

"Very sincerely yours,
"THEODORE ROOSEVELT.

"Rudolph Spreckels, Esq.,
"San Francisco, Cal."

GOVERNOR JOHNSON'S STATEMENT REGARDING RUEF'S IMPRISONMENT.

=(See Chapter XXIX, page 453.)=

Ever since Abraham Ruef was taken to San Quentin an organized and systematic agitation has been carried on to effect his release, and all that power, influence and money and favorable publicity could do to manufacture public sentiment for him has been done. His case has ever been before the people, and never since his confinement at San Quentin has he been permitted to be in the category of the ordinary prisoner.

Purposely have I heretofore refrained from any public utterance upon the subject, and this for reasons that may be obvious. Ruef's partisans now charge his failure to obtain his release to me.

In so far as I have expressed my views to certain members of the Prison Directors, and their views accord with mine, I accept the responsibility.

I do not believe that Ruef should be paroled at this time. I insist that he shall be treated just like any ordinary prisoner, neither more harshly nor more leniently.

As vigorously as I am able, I demand that there shall be no special privilege in the prisons of the State of California, and that when special privilege has been banished from every department of government, it shall not be permitted, no matter what the power or threats, to creep into our penitentiary.

The grossest injustice that could be committed against the other 3,300 men confined in our State prisons would be to single out the one rich, powerful and conspicuous offender and, because of his riches and his influence, grant him what is denied to the humble and friendless prisoner. If prisons are to be maintained, and the system in vogue continued, all prisoners most be treated exactly alike.

Since the parole law went into effect, the Prison Directors have continuously acted under a rule which required, save in exceptional cases, the service of half of the net sentence before an application can be heard. In the Roberts case, recently decided, the Supreme Court held this rule to be illegal, but also held that paroles rested in the absolute discretion of the Prison Directors, and that in determining whether or not parole shall be granted, it was the right and duty of the Board to take into account the length of sentence, the time served, etc.

As I understand the attitude of the Directors, they insist that in the matter of granting paroles, although applications may be made after one year, it is neither unjust nor unfair nor illegal that prisoners be required, save in exceptional cases, to serve half the net sentence.

This rule is applicable to 3,300 prisoners, most of them unknown and unheard of. It is demanded that another rule be made for Ruef.

Ruef's sentence was fourteen years. His net sentence will be eight years and ten months. Half of the net sentence will be four years and five months. He was received in San Quentin about March, 1911. If required to serve half his net sentence, presumably he will be paroled about August, 1915. Purposely, apparently, misapprehension has been created about the recent parole of Dalton. Dalton desired to be liberated before half his net sentence had been served, and was not. He was granted a parole at the last meeting of the Prison Directors, which takes effect some months after the completion of half of his net sentence.

The Recent Action of the Prison Board.

In behalf of the parole of Ruef it is insisted that any man is entitled as a matter of right to a parole after one year's imprisonment. I will not subscribe to this doctrine. It has been asserted that the Supreme Court has so decided. This is not true. The Supreme Court simply determined that after one year the prisoner had the right to make his application, but that his parole rested absolutely thereafter in the discretion of the Prison Board.

At the last meeting of the Prison Directors 78 men applied for parole, Ruef among them. None of these had served half his net time and this fact was known to all the members of the Prison Board. To four members of the Prison Board before that time every application had been presented with the history of the case, and with all the facts that had been filed concerning it. Every man, prison director or other, knows the facts of the Ruef case. The 78 were all denied parole. When the Ruef people assert he had no hearing, they mean he had no such hearing as Ruef desired. When they shout that his case was not considered, they mean not considered as Ruef demanded. If the hearing had been as Ruef and his partisans had staged it; if Ruef had delivered an oration, taken down by the shorthand reporter, brought for the purpose; if Ruef had dominated the entire situation, and the Directors had yielded to his power and his influence; if Ruef had been paroled, what a virtuous and glorious Prison Board it would have been! But the hearing being otherwise than had been staged, the determination being other than what the power of Ruef demanded, the Prison Board is abused and denounced; not denounced or abused because 77 other men were not paroled (they are unknown, poor, helpless, without friends), but abused and denounced because one man, Ruef, was not paroled; because one man, Ruef, was treated exactly as all others were treated.

The Charge of Bitterness and Vengeance.

I resent any imputation of bitterness or revenge on my part toward Ruef. I have neither. More than two years ago I expressed what I write to-day--that for the sake of society and the unfortunates confined in prison, Ruef must be treated like all others similarly situated. To yield because of fear to the persuasion, cajolery or the threats of a powerful prisoner, is to cause the iron to enter the soul of every obscure and friendless prisoner, and to make every other one of the 3,300 men in our jails know that even in prisons class distinctions prevail, and to add to the bitterness and the hopelessness of men confined.

The bitterness and revenge are on the other side of this controversy. It has become necessary to make this statement because of the unmerited abuse of the Prison Board, and because some individuals, while begging mercy for Ruef, have without mercy sought Ruef's release by threats of annihilation and destruction of all opposed.

The Plea That the Past Be Forgotten.

Often we hear that Ruef is the only one who has been punished of those guilty of the particular crimes of which he was a part, and that for this reason should be liberated.

If three men committed a murder, two escape and are never found, and the third is convicted, ought he to be released because he is the only one punished?

It is unnecessary, however, to discuss this phase of the case. After conviction and imprisonment, if clemency be asked, ordinarily the only question that can be considered is whether the prisoner is guilty or innocent. Does any person claim Ruef to be innocent? If guilty, then to him must apply the usual prison discipline and rules.

There is to-day in the same prison with Ruef a poor, uneducated, friendless Greek, the product of the graft prosecution just as Ruef is. Claudianes is serving a life sentence for dynamiting Gallagher's residence and almost murdering seven people. Claudianes was paid to do the dynamiting that Gallagher might be put out of the way. He was the ignorant, sodden instrument of men who would not stop even at murder; but he was only the miserable tool after all. No appeal has been made to me for Claudianes. No petitions have been presented in his behalf, no organized effort for his release, no threats of political annihilation unless clemency be extended to him. Why? Is it because Claudianes is unknown, ignorant, friendless, moneyless?

The Unjust Charge of Racial Prejudice.

Every cheap politician has been quick to seize upon the Ruef case and endeavor to make political capital for himself or create hostility to me out of it. Among the baseless and outrageous things that have been published is that Ruef is not granted special privileges and immunities because of racial prejudice. When Ruef was denied parole, denied with him were men of many races. No one has claimed that these were denied parole because of race prejudice.

In San Quentin to-day are thirty-one Jews. Thirteen of these, for one reason or another, have at times lost their privileges. Is it possible that Ruef is the only man to be considered? No complaint is made for the thirty-one, or for the thirteen. Since February 1, 1912, twenty-seven Jews have been paroled from San Quentin. Six of these have been returned for violations of parole. In relation to the twenty-seven or the six there has been neither outcry nor protest nor publicity nor effort of any sort. Why the astounding, organized effort and publicity campaign for Ruef alone?

The appointments that have been made by this administration include Rabbi Meyer, H. Weinstock, Paul Sinsheimer, Simon Lubin, Miss Steinhart, Julius Jacobs, E. Franklin, Louis Frankenheimer, A. Sapiro, Jacob Alexander, A. Bonnheim, Miss Peixotto, Judge Cerf and many others. No list of more able and patriotic men and women in the service of any State could be furnished than this.

Is Ruef the sole test of every question?

To two young men of Jewish faith lately have been granted pardons. No tremendous petitions loaded down with the names of politicians, no extraordinary publicity was presented in their behalf.

Is there no man in the list of appointees to whom in pride we may all yield our praise? Is there no man among the 3,300 prisoners in San Quentin and Folsom who justly can arouse efforts in his behalf? Or is the sole test of official action by the Prison Directors of California or the Chief Executive of the State to be the disregard of every other man's rights and the granting to Ruef alone of a privilege that none other enjoys?

California Prisons To-day.

In the discussion that has ensued from the Ruef case and because of the Ruef case, the prisons have been said to be the one part of the present administration that is not progressive, and that they are yet a relic of the Herrin machine. Nothing could be further from the fact. I challenge contradiction of the following statements:

California is in the forefront of all the States in the management of her prisons. In matters of food, shelter, clothing, employment, recreation, medical attention, opportunities for education, general freedom consistent with discipline, encouragement of decent tendencies, and =in the number of paroles= (although these have been granted under the half term rule), no State has gone further.

Within the past three years the strait-jacket, the water-cure and the hooks, once so freely used, have not been tolerated. Every form of corporal punishment has been abolished. When prisoners are received the effort is made to get the history of the crime and possible cause of it, and then to apply corrective measures intelligently. As soon as received, every newcomer is given a thorough physical examination and his teeth are looked after by a dentist. It not infrequently happens that the first place a man is quartered in is the hospital. Special attention is given to tuberculars, alcoholics and dope fiends. Wassermann tests are made for the slightest indication of blood taint, and the best treatment afforded. After the physician and dentist conclude their examinations, the newcomer is turned over to the Director of Education, who endeavors to take the man's mental measurement and get at his moral status. There are now 200 pupils in the day school at San Quentin, and three rooms of thirty each in the night school. The educational facilities are being constantly increased. Two hundred and twenty-six are enrolled in the academic courses with the University of California and by correspondence are receiving their training from our great institutions of learning. The State Use system, which was enacted in 1911, furnishes work in industries for the State. In the matter of food the State purchases the best and the rations issued are abundant. Sanitary conditions are a model in the newly constructed portions of the prison and the best possible in the old construction.

In the last three years 1372 paroles have been granted by this harsh, cruel and outrageous Prison Board, as against 1132 granted in all the years from 1893 to 1910 inclusive. The paroles have been granted, however, justly. Because one was not granted unjustly and unfairly, the record of the Prison Board counts for naught.

I have purposely refrained from discussing the character of Ruef's crimes or any matters extraneous to the one issue presented. I have tried to make clear that I believe Ruef should be treated just as the least known prisoner is treated. That his advocates wish him to be treated otherwise because he is Ruef will be clear to any who will reflect that had Ruef been paroled and the other 77 denied parole there would have been no agitation; if Ruef were granted what others were denied, there would be no fulminations against the Prison Board and petty politicians would not have seized upon recent events to bow and scrape and bend and crawl to the organized power of Ruef.

SCHMITZ'S ATTEMPT TO CONTROL SAN FRANCISCO RELIEF FUNDS.

In the early part of June, 1906, it was agreed that a committee consisting of Benjamin Ide Wheeler, Judge W. W. Morrow and James D. Phelan should go to Washington, in order to interest Congress in some project for financing the rebuilding of San Francisco.

Before their departure, Mayor Schmitz invited them and other members of the Committee of Fifty to his residence, where a luncheon was served. During the luncheon he stated that the Board of Supervisors were about to resume their public functions for which they were elected by the people, and the private persons who were administering the affairs of the city doubtless would employ their abilities for the rehabilitation of their own business, and he suggested that the relief fund be turned over to the Board of Supervisors for distribution. Judge Morrow, Mr. Phelan and others protested that it was not the function of the Supervisors to distribute relief, and that there was a trust relationship existing between the donors and the finance committee of the Relief and Red Cross Funds. After the luncheon, the Mayor handed Mr. Phelan his transportation, but later in the afternoon Mr. Phelan, suspicious of his purpose, sent word to the Mayor that he had decided to remain in the city. He remained behind to protect the funds.

As subsequently developed in the graft investigations, the Supervisors had accused the Mayor of abandoning the city government to his enemies, and insisted upon the enjoyment of all the rights and privileges of their office, and that the work of distributing relief at that time was the principal business of the city.

RECEIPTS AND DISBURSEMENTS OF PROSECUTION FROM
JUNE, 1906, TO MAY 17, 1909

(As shown by testimony taken at trial of Patrick Calhoun.)

RECEIPTS.

Subscription account $ 73,384.75
Subscription account R. Spreckels 138,478.05
Cash received by W. J. Burns 1,278.70
Refunded by the Bulletin account Older case 250.00
-----------
$213,391.50

DISBURSEMENTS.

W. J. BURNS ACCOUNT: W. J. Burns account, personal, $12,357.45; office expenses, $1,911.43; office furniture, $671.50; carriage hire, $27.25; auto hire, $2,700.75; auto expense, $4,162.36; traveling expense, $1,302.15; telegrams, $797.79; The Bulletin, $309.55; incidentals, $158.50; paid for account City and County of San Francisco, $223.52; detective services, $70,572.65; detective expenses, $27,277.35; extra salaries, $778.55. Total, $123,250.80.

F. J. HENEY ACCOUNT: Rent, $3,186.25; office expense, $1,522.02; private exchange and operator, $1,949.22; telegrams, $316.82; postage and messenger expense, $280.26; traveling expense, $118.45; office salaries, $8,684.67; office furniture, $433.50; auto and carriage hire, $957.05; stenographic and legal expense, $2,147.37; detective expense, $4,232.61. Total, $23,828.22.

SUNDRY DISBURSEMENTS: P. Dolman, $5,087.65; Hiram W. Johnson, $11,000.00; J. J. Dwyer, $13,400.00; C. W. Cobb, $10,000.00; legal expense, official count for judges, $191.50; George J. Cleary, $70.00; L. Kavanaugh, $506.20; D. M. Duffy, $1,878.85; W. J. Burns, $17,195.00; Jas. Foley, $1,010.00; Miler & Co., $40.00; automobiles, $5,100.00; auto expense, $815.98. Total, $66,295.18.

Total disbursements $213,374.20
Balance, cash 17.30
-----------
$213,391.50

ITEMS, W. J. BURNS ACCOUNT.

=Personal=: Salary, $8,548.80; subsistence, $2,081.75; rent, $1,726.90. Total, $12,357.45.

=Office Expenses=: Rent (R. L. Radke Co.), $935.00; telephone, P. S. T. & T. Co., $398.93; light and heat--E. D. Feil, $25.00; W. G. Stafford, $8.00; mantels, $0.95--$33.95; towels (Star Towel Sup. Co.), $15.80; newspapers, $46.40; P. O. Box, U. S. A., $12.00; stamps, U. S. A., $20.40; Purity Water Co., $12.00; advertising--Call, $1.60; Examiner, $3.40--$5.00; car fare, $3.20; stationery--Library Bureau, $7.40; Mysell-Rollins, $3.00; Barry Co., $9.75; Brown & Power, $59.90; E. H. Wobber and others, $76.70--$156.75; typewriter expense-Vaughn, $56.30; Revalk, $77.10; Underwood, $5.50--$138.90; stenographic, $43.80 (L. F. Hurlburt, et al.); incidentals--pans, $0.40; opening Marchand's safe, $10.00; safe dep. Crocker, $6.00; painting floor, $1.00; N. Y. Exchange, $0.95; express charges, $8.40; keys, $3.25; paint, $1.00; tel. directory, $1.50; stars (spec.), $5.25; city directories, $9.00; elect. buzzer, $1.35; show cards (A. Unsworth), $18.50; show card frames (Young & Rhodes), $2.00; whetstone, $0.70; hauling, $5.00; moving safe (Gorham & Thomas), $15.00--$89.30. Total office expenses, $1,911.43.

=Office Furniture=: Lamp, $3.55; two desk lamps, $7.80; J. Breuner Co., $68.00; water heater, $19.20; Library Bureau, $78.00; Ladd's Gun Store, $55.50; safe (Freeman, Brewster, McCabe), $165.00; 2 gas heaters, $13.10; Spencer Desk Co., $37.50; Geo. Walcom (curtains) $3.35; E. Emerson (desk), $10.00; Olympic Arms Co., $28.55; Library Bureau, $40.50; L. & E. Emanuel, $12.00; Acme Furn. Co., $96.75; Hale's, $23.20; C. P. Stanton, $9.50. Total, $671.50.

=Carriage Hire=: Kelly, $2.50, $4.00, $5.00, $3.00, $12.75. Total, $27.25.

=Auto Hire=: Scott, $15.00, $5.00, $50.00, $65.00, $10.00; H. M. Owens, $20.00; W. J. Burns, $90.00; March 30th, $207.50; Ruef's arrest, $10.00; F. J. Heney, $10.00; W. J. Burns, $5.00; April 27th, $32.50; L. Heidinger, $25.00; Auto Livery Co., $73.50, $92.50; Kelly, $32.50; Otis Patkhill, $45.00; Auto L. Co., $538.00; A. S. Lathaw, $105.00; Auto Livery Co., $296.50, $60.00, $20.00; M. Mamlock, $17.50; Auto Livery, $78.00; Cal. & Coulter, $25.00; F. Coulter, $42.50; Auto Livery Co., $25.00; Auto Livery Co., $288.00; Zimmerline Bros., $5.75; Auto Livery Co., $132.50, $22.50, $190.50, $35.00, $22.50; Broadway Garage, $8.00. Total, $2,700.75.

=Auto Expense=: Goggles, $3.50; sundries, $9.35; Harris Rubber Co., $120.98; Harris Rubber Co., $70.10; Geo. P. Moore Co., $12.30; Geo. P. Moore Co., $9.35; Harris Rubber Co., $48.58; Chanslor Lyon, $30.88; Harris Rubber Co., $24.39; Bauer Lamp, $1.50; Bauer Lamp, $4.50; Auto Livery, $132.00; Auto Livery, $2.00; Chans. & Lyon, $12.75; Chans. & Lyon, $14.05; G. P. Moore, $26.90; G. P. Moore, $6.12; Arcade Garage, $51.20; towing auto, $5.00; Irvine Mch. Wks., $114.60; Harris Rubber Co., $6.00; Franklin Car, $59.12; Gillig & Son, $9.00; Gillig & Son, $5.00; Arcade Garage, $149.45; Arcade Garage, $134.25; G. P. Moore Co., $3.00; H. W. Bogen, $103.50; H. W. Bogen, $127.00; Pioneer Auto Co., $0.75; Pioneer Auto Co., $5.40; Gorham Rubber Co., $35.00; Berg Auto Supply Co., $1.50; Pioneer Garage, $6.00; Keenan Bros., $51.80; Keenan Bros., $23.05; Pioneer Garage, $186.70; Diamond Rubber Co., $222.50; Pioneer Auto Co., $2.50; Pioneer Auto Co., $24.00; Auto Livery Co., $166.00; G. P. Moore, $2.50; G. P. Moore, $4.50; Harris Rubber Co., $2.25; Arcade, $151.60; Arcade, $151.50; Bogan, $9.75; Bogan, $39.00; Pioneer, $3.00; Pioneer, $1.00; tire repair, $0.75; Pacific Gar., $12.85; Pacific Gar., $97.40; Arcade, $123.35; Keenan, $11.00; Keenan, $13.95; Chans. & L., $3.25; Chans. & L., $2.50; Bogen, $9.85; Bogen, $7.00; Osen & Hunter, $109.45; Pacific Gar., $5.25; Pacific Gar., $70.00; Irvington Garage, $71.50; Pioneer, $8.50; Pioneer, $6.00; J. E. Elkington & Sons, $55.50; Continental R. Co., $88.88; Schwartz & Gotlieb, $8.00; C. & L., $12.45; Pacific, $9.75; Pacific, $11.25; Spreckels Garage, $384.85; Sunset Garage, $14.50; Spreckels Garage, $82.65; Pioneer, $7.00; Letcher, S. Jose, $4.00; Keenan, $104.05; Pioneer Auto Co., $10.50; Pacific, $29.10; Halls Auto Rep., $32.30; Studebaker, $17.91; Arcade, $159.15; Spreckels Garage, $185.25; Jerome Garage, $2.25; Miller Bros., $8.75; Goodyear, $5.00; Cr. H. W. Bogen, $10.00. Net total, $4,162.36.

=Traveling Expense=: Kendall to Portland, $20.00; Ferry, $1.05; Halsey, $493.40; Geo. Burns, round trip home, $130.00; baggage transfer, $1.50; trip to Oakland, auto, etc., $7.10; trip to Oakland, auto, etc., $6.60; B. T. Block to San Jose, $2.15; ferryage auto, etc., $15.35; ferryage auto, etc., $6.60; F. A. Leach, $230.00; B. A. Libby, $100.00; ferryage, auto. etc., $1.90; ferryage auto, etc., $1.90; ferryage auto, etc., $1.00; W. J. Burns to Los Angeles, $57.40; W. J. Burns, $2.10; Slater witness Ford case, $168.90; trips Okd. Gallagher case, $13.20; Marie Ware McK. Port. S. F. Ret., $50.00; Cr. F. H. Leach, witness Ford case, $8.00. Net total, $1,302.15.

=Telegrams=: $797.79.

=The Bulletin=: 30,000 papers (10-31, 1908) $309.55.

=Incidentals=: Christmas turkeys, $37.85; 5 glove orders, $10.00; theater party, $6.00; C. P. Stanton (burglar alarm), $57.25; S. F. Call 1400 Jones, $2.25; expense account Blake case, $3.50; lunches, W. J. Burns et al., $41.65. Total, $158.50.

=Paid for account City and County of San Francisco=: Exchange on Washington, D. C., sent to F. A. Leach, witness, to cover expenses to S. F., $250.00; less amount refunded by City and County of San Francisco, $26.48--$223.52.

=Detective Services and Expenses=: D. F. Cecil, services $2,396.00, expenses $942.50; H. J. Woolman, services $476.00, expenses $328.00; R. J. Bergen, services $708.00, expenses $510.50; R. H. Perry, $3,095.00, expenses $1,318.05; I. H. Henderson, services $350.00, expenses $188.85; E. S. Spaulding, services $2,820.00, expenses $550.70; W. W. Farrell, services $704.00, expenses $196.50; L. G. Carpenter, services $225.00; expenses, $170.20; R. S. Spaulding, services $2,042.00, expenses $378.25; J. G. Lawlor, services $2,837.50, expenses $1,221.63; I. J. Scott, expenses $30.00; E. G. Borden, services $78.00; P. Hendirard, services $202.00, expenses $200.55; R. J. Burns, $2,810.00, expenses $2,076.47; S. S. Simon, services $206.00; B. Kohlman, services $248.00, expenses $18.75; G. E. Burns, services $2,510.00, expenses $4,369.62; C. F. Oliver, services $2,920.00, expenses $833.85; C. P. Fox, services $472.50, expenses $265.35; S. G. R. Ollsen, $40.00; G. W. Hess, $1,595.00, expenses $1,250.22; J. McCarthy, services $1,313.00, expenses $227.35; J. C. Saulman, services $110.00, expenses $1.20; L. Pring, services $44.00; L. Cullen, services $60.00; M. C. Doyle, services $52.00; D. M. Duffy, services $150.00; Chas. Wyman, services $20.00; A. Steffens, $45.00; A. Greggains, services $780.00, expenses $665.85; J. H. Shiner, services $480.00, expenses $310.80; P. F. Roller, $290.00, expenses $349,20; P. E. Sowers, services $410.00, expenses $284.10; T. R. Sullivan, services $320.00, expenses $328.55; D. McCarthy, services $948.00, expenses $114.21; J. Compton, services $1,880.00, expenses $81.40; R. Ellis, services $246.00, expenses $6.00; P. Bergin, services $20.00, expenses $17.00; C. P. Stanton, services $2,645.00, expenses $4.20; H. Sullivan, services $95.00, expenses $1.70; J. S. Hensley, services $140.00; James Foley, services $2,335.00, expenses $134.10; J. F. Severney, services $285.00, expenses $15.55; A. Hornberg, services $44.00; E. W. Stow, services $342.00, expenses $216.60; G. M. Insley, $1,417.00, expenses $414.45; B. F. Daman, services $1,148.00, expenses $529.80; L. C. Caldwell, $896.00, expenses $360.25; R. N. Hamlin, services $1,902.00, expenses $50.00; F. Kingsberg, services $90.00; W. Bettiee, services $1,068.00, expenses $164.25; W. J. Dewer, services $160.00; J. F. Clark, services $1,072.00, expenses $501.29; W. J. Biggy, Jr., services $260.00, expenses $35.40; M. C. Perry, services $144.00, expenses $109.00; C. A. Spaulding, services $336.00, expenses $109.70; E. T. Newsome, services $364.00, expenses $58.85; F. J. Barry, services $32.00; J. H. Hamilton, services $26.00; R. C. Schindler, services $1,483.00, expenses $706.85; W. S. Schindler, services, $1,161.00, expenses $224.15; O. G. Schleicher, services $340.00, expenses $122.66; E. A. Platt, services $1,205.00, expenses $315.20; W. H. Russell, services $1,305.00, expenses $298.30; S. B. Priest, services $210.00, expenses $1.40; E. J. Whiskatchies, services $1,200.00, expenses $484.85; E. W. Madden, services $255.00, expenses $33.35; J. M. Creighton, services $1,494.00, expenses $667.60; G. E. Madden, services $30.00, expenses $1.70; J. Crawford, services $35.00; E. Graf, services $20.00; expenses $7.00; W. Duchion, services $100.00; J. V. Thompson, services $72.00, expenses $13.00; F. C. Boden, expenses $62.35; F. F. McGee, services $50.00; M. L. Doyle, services $286.00; E. M. Burgoyne, services $84.00, expenses $53.95; C. Bernstein, services $64.00; E. Goldstein, services $92.00, expenses $15.25; H. C. Willer, services $216.00; J. W. F. Jackson, services $384.00, expenses $178.50; D. L. Chiles, services $20.00; Mrs. May Schindler, services $154.50, expenses $3.50; L. Gold, services $805.00, expenses $58.65; J. M. Ullmache, services $40.00, expenses $93.20; C. P. Snell, services $12.00, expenses $0.65; W. C. Heney, services $1,939.00, expenses $20.05; E. C. Lange, services $42.00; expenses $2.60; E. Emerson, services $365.00, expenses $79.15; J. McKenzie, services $47.00; O. Hooper, services $85.00, expenses $12.45; Geo. Mane, services $15.00; Chas. Cook, services $40.00, expenses $0.80; C. T. Oliver, Jr., services $236.00, expenses $25.80; D. W. Armstrong, services $5.00; F. A. Neary, services $280.00, expenses $42.50; P. D. Code, services $280.00, expenses $35.65; Martin Judge, services $40.00; J. D. Silverthew, services $14.00, expenses $1.71; G. Hague, services $68.00; W. J. Kelly, services $199.00, expenses $3.75; S. G. Whitney, services $52.00, expenses $6.65; C. F. Schneider, services $148.00, expenses $9.30; L. R. Mower, services $34.00, expenses $26.50; G. L. Doolittle, services $26.00, expenses $7.10; W. A. Conneau, services $25.00, expenses $2.20; E. S. Newsome, services $125.00; J. M. Creighton, services $615.00, expenses $200.00; H. Beasly, services $175.00; L. J. Cass, services $155.00; L. Murphy, services $230.00; Ed. Hornback, services $71.00; E. M. ----, services $435.00, expenses $44.80; P. Berr, services $36.00; S. J. Rohan, services $70.00; Geo. Yearaner, services $237.50, expenses $11.60; E. Vetisarator, services $63.00; F. C. Boden, services $150.00; T. C. McGiff, services $12.00; H. J. Loventzen, services $680.00, expenses $471.25; A. H. Barr, services $748.00, expenses $2.00; P. M. McGee, expenses $100.50; N. Komgold, services $525.00, expenses $37.35; E. Gensler, services $15.00, W. J. Otts, services $510.00, expenses $423.85; J. H. Dewey, services $30.00, expenses $6.75; W. C. Knox, services $180.00; M. F. ----, services $1,162.50, expenses $363.00; J. M. Kelly, services $35.00; R. H. Schouatt, services $161.00, expenses $2.25; D. S. Hutchins, services $80.00, expenses $40.45; Chas. Goff, services $127.15; C. P. Morey, Jr., services $10.00; S. F. ----, services $95; Jesse A. Gahans, services $30.00; A. Setrakian, services $12.00, expenses $14.50; E. E. Kam, services $10.00; J. Walsh, services $25.00. Total services, $70,572.65; expenses, $27,277.35.

=Extra Salaries=: O. F. Holmes, $25.00; S. S. Simon, $5.00; O. F. Holmes, $48.25; W. J. Flynn and 2 assts., $73.00; Wyman, $20.00; Steffen, $20.00; T. Lonergan, $50.00; T. Lonergan, $50.00; T. Lonergan, $50.00; Cullen-Watchman, $28.00; A. Fromberg, $8.00; G. H. Knox, $5.00; A. B. Lycaw, $48.80; W. J. Flynn, $50.00; securing information at Roys, $5.50; D. M. Duffy, $104.50; C. A. Sage, $30.20; B. Bergen, $20.80; P. Callender, $25.00; P. Callender, $2.00; J. C. Brown, $30.00; D. W. Armstrong, $10.00; D. W. Armstrong, $25.00; D. E. Scales, $5.00; Bob Ellis, $15.00; D. W. Armstrong, $1.00; S. Hitchcock, $1.00; D. Wilkie, $25.00. Total, $778.55.

ITEMS FRANCIS J. HENEY ACCOUNT.

=Rent of Office=: $3,186.25.

=Office Expenses=: Water, light, heat (repairs gas fixtures, $4.88; purity water, $22.75; Stafford & Co., $297.93; S. F. G. & E. Co., $209.59; gas regulator, $4.76; Gas Appliance Co., $18.00; gas mantels, $3.00; Bush & Lind, $17.00); stationery (E. H. Wobber & Co., et al., $314.90; numbering machine, $5.00; I. Upham Co., $97.23; Brown & Power, $1.00; Schmidt L. & L. Co., $6.00; Badescu Prtg. Co., $2.50); typewriter, rental and supplies (Remington T. W. Co., $139.80; Smith Premier, T. W., $8.00; Typewritorium, $7.50); newspapers, $126.15; janitor supplies (scavenger, $16.59; towels, $26.44; C. Brown & Sons, $19.80; J. H. Reardon, $2.40; W. E. Johnson, $3.35; Greenblatt & Co., $1.80; Newman & Levinson, $2.55; Brittain & Co., $19.00; O'Connor, Moffatt, $3.00; W. T. Wiley, $3.00; H. G. Root, $14.33; S. P. Co., $1.33; carpet-cleaning, $7.55; Hill & Co., $18.50); sundries, C. P. Stanton et al., $85.14; glazing, $11.25. Total, $1,522.02.

=Private Exchange, Telephone and Operator=: $1,949.22.

=Telegrams=: $316.82.

=Postage and Messenger Service=: $280.26.

=Traveling Expenses=: $118.45.

=Office Salaries=: J. H. Reardon, $1,050.00; W. E. Johnson, $1,650.00; Miss O. O. McShane, $1,934.66; Mrs. Smith, $806.25; Mrs. L. E. Russell, $2,085.00; C. H. Stanton, $377.51; janitress, $156.25; voucher No. 1, Jany. 31, 1907; no detail, $625.00. Total, $8,684.67.

=Office Furniture=: J. Behrn & Co., $15.75; Fuller Desk Co., $27.00; Rucker Desk Co., $142.25; J. Breuner Co., $28.50; O'Connor, Moffatt, $91.65; Goodyear Rubber Co., $3.50; Sloane & Co., $52.37; G. Lipman, $7.50; Bush & Lind, $27.89; C. Brown & Sons, $6.05; shelving $10.00; Jewel Gas Appliance Co., $21.04. Total, $433.50.

=Auto and Carriage Hire=: United Carriage Co., $100.25; Pacific Garage, $100.00; Auto Livery, $70.00; Kelly's, $8.50; Arcade Garage, $5.00; Tom Sawyer, $17.50; J. W. Burke, $3.00; Max Mamlock, $15.00; T. White, $5.00; L. D. Crane, $632.80. Total, $957.05.

=Stenographic and Legal Expense=: L. Kavanaugh, $1,031.00; T. B. Elderkin; $83.40; G. W. Smith, $28.00; State of California, $3.50; H. Hernon, $18.10; County Clerk, $6.00; citation for Codes, $0.37; express on briefs, $2.65; F. L. Gauhey, $2.00; F. M. Handy, $1.50; R. B. Treat, $1.75; D. W. Burchard, $200.00; S. Potter, $15.00; notary fees, $2.00; H. Harper, $96.15; C. Bennett, $5.00; A. W. Reynolds, $13.20; W. C. Bristol, $77.15; H. C. Finkler, $6.40; Richards & Carrier, $258.20; Mrs. M. Moore, $10.00; Mr. Webb, $3.00; Mrs. C. Jellison, $5.80; D. Young, expert, $25.00; C. D. Stewart, expert, $189.00; G. W. Reynolds, expert, $63.00. Total, $2,147.37.

=Detective Expense=: W. J. Burns, $2,416.95; I. Rittenhouse et al., $1,815.66. Total, $4,232.61.

Transcriber's Note

Footnotes 355 and 477 are missing. Footnote 301 has duplicate anchors. The misnumbering is retained as printed. Footnote 427 refers to "Chapter XV 'The Ford Trials'." Chapter XX is entitled "The Ford Trials and Acquittals". The apparent reference, however, may be to a separate volume, so it has been retained.

Some words are spelled multiple ways (e.g. 'indorse'/'endorse', 'employe'/'employee', 'Beaney'/'Beany'). These variants are retained. Some words (e.g. 'increditably' for 'incredibly') are likely mistakes and are corrected and noted. The author regularly elides the second 'l' in words like 'wilfully' and 'skilfully'. Where the word (e.g., 'subpoenaes') appears in quoted material, it appears as printed.

'Pittsburg' (PA), without the ending 'h' is left as printed, since the letter had been officially removed in 1890, but was restored only in 1911 as this text was being written.

Hyphenation is also somewhat irregular. Occurrences of hyphens at line breaks are resolved according to other instances in the text, or if there are none, in accordance with modern usage.

The following list includes apparent errors found in the original text. Where there is an obvious typographical error, as opposed to a spelling variant, the correction has been made and appear in the text as like this. Where the error occurs in a note, the page referred to is the location of the page where the note begins, though the error may appear in a continuation on a following page. The [] brackets are used to denote the error, either by changing, omitting, adding or reversing characters. A slash (/) denotes the change required to gain a correct usage.

a[c]count (33 n30); proper[t]y-owners (39, n28); fi[r]st (103, n108); any felony or [or/of] any misdemeanors (107, n113); Commis[s]ioner (112 n120); el[e]cting (127 n140); intere[r/s]ts (182 n204); convi[n]ction (221 n239); bri[k/b]e-taking (231 n251); incredi[ta]bly (256); assoc[i]ates (273); seriou[t/s] (276); I though[t] it was (291); sta[u]nchly (305); dum[b]founded (326); hundr[e]d (351, n354); offer[i]ng (338 n360); dir[e]ct (342 n368); kidnap[p]ing (379 n415); advan[at/ta]ge (390 n424); embar[r]assment (426 n458); an[n]ouncement (428 n461); parol[l]ed (441); poli[ti]cal (459); testimo[u/n]y (xxxiv); station[a/e]ry (xxxv); [a/A] uto Livery (xxxv)

The following is a list of punctuation corrections, where the printed image is ambiguous, or simply wrong, in favor of correct usage. Court transcripts were not entirely consistent in the handling of quotations, especially hear-say quotations.

p. 74 n77 The People vs. Patrick Calhoun[./,]

p. 75 n79 pages 3837 and on[,] 3746, 3743

p. 100 n107 ['/"]butt in['/"]
it was Ford who did it.[']"

p. 125 n136 a writ of habeas corpus (150 California, p. 665[.)/).]

p. 158 n171 He (Ruef) said, ["/']All right, if he comes around I
will talk with him.[']"

p. 174 a third telephone company[./,]

p. 222 n240 Ten per cent[.] of the amount subscribed

p. 245 n265 putting the United Railroads out of business.['/"]

p. 331 n354 notorious. [i/I]n not so doing

p. 339 n363 I don't want to hear anything more about Ruef's
testimony.[']"

p. 358 n391 he did telephone to Mr. Langdon.["]

p. 367 n402 have the $10,000.["]
["/']One year after date
The notes read, ["/']One year