“2. Will cause said A. Ruef to be jointly and not otherwise indicted with all and any others against whom indictments have heretofore been or may hereafter be returned or found for or upon any crimes or offenses in which said Ruef has participated or is alleged to have participated to this date; provided, however, that the undersigned shall not be bound to include any of the present members of the Board of Supervisors in any such indictments.

“3. Will, as any one of said joint indictments relating to a specific subject matter shall be taken up for trial, after the jury has been impaneled and sworn to try the same, dismiss the same and all other indictments and charges on the same general subject matter as against the said Ruef, under the provisions of section 1099 of the Penal Code of the State of California, and will at the same time dismiss all indictments relating to the same general subject matter, which are now pending against said Ruef singly.

“Any and all indictments or charges upon any general subject matter of which one shall not have been brought to trial before December 31st, 1907, shall be dismissed as to said Ruef and said Ruef discharged on or before December 31st, 1907, under the provisions of section 1099 of the Penal Code where applicable, or under provisions of other sections of said code in cases where said section 1099 shall not be applicable.

“It is however expressly agreed that in any event all indictments and charges now pending or hereafter to be brought against said Ruef (except action No. 305 which is herein otherwise provided for) shall be dismissed as against said Ruef under the provisions of section 1099 of the Penal Code where the same may be applicable and when said section is not applicable shall be dismissed under other provisions of the Code, all prior to December 31st, 1907; provided, the undersigned District Attorney shall not be re-elected as such District Attorney in November, 1907, and, in any event, prior to said District Attorney resigning or otherwise surrendering or giving up his office or terminating his tenure thereof, it being the understanding and agreement that each and every indictment and charge now pending or hereafter to be brought against said Ruef shall be absolutely dismissed.

“Provided, that said Ruef shall have fully performed so far as may have been in his power the spirit and letter of his agreement herein.

“4. All and any indictments or charges which are to be found or returned against said Ruef jointly or otherwise, shall be returned and found not later than October 1st, 1907, unless hereafter otherwise mutually agreed.

“5. In the event of the prosecution of said Ruef by any other officer or person on account of any of such crimes or offenses committed or participated in or alleged to have been committed or participated in by said Ruef to this date, the undersigned will employ every legitimate influence and power to secure a dismissal thereof, and in the event that a conviction shall be had in any thereof, the undersigned hereby agree to apply to the Governor of the State of California for the pardon of said Ruef therefor or therein and to use all legitimate influence and power to secure such pardon.

“6. It is understood and agreed that, notwithstanding the scope and effect of the language used throughout this agreement, it does not and shall not be construed to apply in any respect or particular to that certain indictment No. 305, or the offense charged therein, which is now pending against said Abraham Ruef jointly with Eugene E. Schmitz, in the Superior Court of the City and County of San Francisco, State of California, in Department No. 6 thereof.

“Dated, May 8th, 1907.

“WM. H. LANGDON,
“District Attorney of the City
and County of San Francisco.
“FRANCIS J. HENEY,
“Assistant District Attorney of the
City and County of San Francisco.