The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-10-25

all through. AS to the date, well. he was
up in San Joaquin County when it was
eve will assume that you didn't look at
the will until it was at hand" said Mr..
Delmas. "When did you see it?''
10 answer this the witness gave in detail
the routine of his daily duties. He
arrived from the south usually at 8 A. NJ,
| took breakfast, changed his clothes and
"Take bath?" asked Delmas.
"No, sir; not just then. l went to my
Office, read my letters, attended to my
| work, and after office hours" he went on
to say. If there happened to be any i'm
| portant wills that interested him he would
| then examine them. This will made Pot
tel, wealthy, and he, Miller, could afford
| to lend him.
"But You had loaned him large sums be-
| fore there was a will ?"
"Oh, but I knew he would be the heir"
Mr.. Delmas began to read over the long
list OF big loans, asking at last, "Is that
| rlghtY' footing up such extravagant sums
as $4,000 a month. You advanced him all
| that?
Eyes"
"You never stopped to think that these
spend ?"
"Oh, yes; I thought so.'
But you kept on loaning him?"
Eyes"
Did you have any idea of how he was
| spending it?'
ut was not my business to ask about
his private affairs. had an idea, yes"
| What was that idea?"
The objection to this question provoked
from Mr.. Delmas vigorous statement of
the petitioners attitude in this case and
their views of that of Miller toward the
Lux heirs, which led them to ask for the
removal of Jesse Potter as the executor.
GA G we have Dotbjpo m connaaJ IN THO
case, everything being patent upon it's
face, he said, 1.-The purpose of the ques-
ton must be plain and so clearly proper
one. We undertake to show and will show
that Mr.. Miller was notified by the mother
OF this young man of his extravaganza and
the improper life he was leading, and that
she requested the firm of Miller & Lux, for
the saving of her son from these excuses,
| not to advance him more than $500 a
| month. Now, during all of this time there
was going on contest for winding UP the
affairs OF Miller Il Lux, which contest Mr..
! Miller was fighting with all the energy
| and perslstency characteristic of him, his
purpose being to perpetuate himself in the
control OF the vast property of which he had
| persuaded himself he was in justice, if not
| in law, the absolute owner-a purpose
which he has so far accomplished by ex-
cludlng from the enjoyment of it every
| body but himself. Now, in that suit Mr..
Potter, jointly with his mother, was inter-
ested. They were the only legitimate
| plaintiffs. 1t was of the utmost import
ance to Henry Miller that he control the
plaintiffs in that action as well as the
defendants Can your Honor imagine a
hold upon litigant an adversary, greater
than that which Henry Miller started to
| throw around this man? Imagine Jesse
Potter carrying on a litigation against
Henry Miller, carrying it on with that
devotion and unfiinching energy which is
demanded of any one who undertakes to
| be Henry Millers adversary, while Henry
Miller held a trust deed and mortgage
| upon everything he owned, not only in
| possession but expectancy, in this world.
Imagine Jesse Sheldon Potter opposing
the plans and schemes of Henry Miller
| when the very bread he ate day by day was
paid for with Henry Miller's money, when
| the money for the support of his wife and
| child came from the same source.
| 1--WE do not care to take a too gloomy
view of human nature, but we are not such
| fools that we can ignore the true motive
which made Henry Miller minister to this
young man at the rate Of $4,000 month"
The question was allowed and the wit
ness said:
my idea came from men who were con-
stantly inquiring for Mr.. Potter-men on
more than business. / warned him against
them"
Mr.. Delmas read to the witness his tie sti-
mony offered in the accounting suit re-
terred to in the evidence of Judge Spen Ger
the day before, in which Miller said Potter
was no good, was throwing himsel away,
etc, and he admitted that he had so testi-
fed, though he tried to qualify the state
ments.
The with ess further testified:
"Mr. Nickel first notified me of the
! shortage of Potter's account of over $40 600
| That was the first l knew of it. l made
him give me note for it. There was an
other shortage of $4,000 in regard to the
Occidental and Oriental Steamship ac-
count. 1t ran back to 1882. 1 made Pot
ter give me note for it and charged him
with interest from the time he took the
money.
"Our Miller & Lux sales since the
death of Mr.. Lux in 1887 have amounted to
from one and quarter to one and half
millions a year-about ten millions alto
gether. The sales after depreciation OF
real estate and stock in trade leave but
little profit. Our property is generally in
the southern part of the State. Our bust
ness is the sale of meats of ali kinds, wool,
hay. etc.
Mr.. Delmas' long struggle to get from
the witness a statement of how much OF
this ten millions was profit was without
success.
'You resigned as one of the executors OF
the Charles Lux will in 1922"
YES"
How long after you resigned was the
suit brought against you for an account
| ing?"
"Within reasonable time. I mean by
reasonable about two years."
Don't you know that it was brought
almost immediately"
Il don't know"
at was brought by your own attorneys
Messrs. Mastick, Belc her & Mastick,"
Il am not sure who brought it. it wa.
either that firm or CARRIER. 6oalt G. Bishop
Don't you know as we'll as that you ar,
sitting there that it was not CARRIER, Boal
& Bishop"
II am not sure. 1t was friendly suit
to be conducted quietly and without fric
ton and as speedily as possible
who decided that it was to be friendly
suit? Did the German heirs consent t.
this friendly suit brought by your own at
torneys against YOURSELF"
Il think so. l think they consented"
"Mr. Potter and Mrs. Lux consented, die
they?'
yes"
'Do Won not know that Mr. pottar 70