The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-10-24
POTTER'S FORMER COUNSEL TES-
TITLES FOR THE OTHER,
SIDE.
MR.. MILLER KEEPS LEARNING
RESPONDENT SALARY WAS ONLY
SUSPENDED FOR A TTME-REA-
SONS Nor STATED.

Late during the afternoon of the Miller
Lux-Potter case at Redwood City yester-
day Pillsbury and Carrot McEnerney,
counsel for the respondent, signifed that
they, too, were engaged in the trial of that
cause.
For two days preceding these eminent
attorneys have sat at the further end of
the counsel table, occasionally running
their fingers through their hair and might
have been taken for spectators but for an
occasional perfunctory irrelevant and I'M
material objection.
During that time their cient-good-
natured, easy-going and physically afflicted
Jesse Potter-haS occupied the stand, IN
dergoing the methodical, searching, but
withal considerate, examination at the
hands of Mr.. Delmas. Mr.. Potter wears
the appearance in his flushed face, trem-
bling hands and shifting attitude of a man
who is down. He is not seeking trouble.
The most embarrassing questions he
tries to answer; he makes, without show
of resistance, admissions that might al
most be used to criminate him, so DESTROYS
does he seem to wish to avoid provoking
the other side TO sharper opposition. He
is Mr.. Delmas' own witness, and he must
accept the answers without an effort to i'm
peach him.
So his attorneys have had little to say
during the two days and have not seemed
happy, their silence as they no doubt felt,
wearing the appearance OF assent on their
part to a rather WkWard-loOklng state of
affairs But YESTERDAY morning Judge
+. Z. Spencer, who was sitting to one side
wearing a big OVerCOat and looking i'll. as it
was explained he was, was called to the
stand to lay the foundation for offering
some testimony taken in the accounting"
suit so often referred to and which had
been barred the dav before for the lack of
the preliminary evidence.
Judge Spencer is the attorney of record
for Messrs. Bishop and Lewis, the execu-
tors of the will of Miranda w. Lux, and
was counsel for Mcssrs. CARRIER, Booth and
Bishop, who represented Jesse Potter,
executor OF Charles Lux's will in the suit
against Miller for an accounting.
He testified that in the progress of that
suit he had conducted the examination of
Henry Miller
Mr.. Delmas read from the transcript the
testimony which he desired to present,
and asked # it was correct report.
The testimony was, in the first place, to
the effect that he (Miller) had said ugly
things to Potter, and upbraided him for
being extravagant and profiigate. Again,
Mr.. Miller had said some hard things
about Mrs. LuX-that she never worked for
the benefit Of the firm, While his own wife
Hdu SldNeu lot II, ana lndI he thllleT) ndU
only the greatest contempt for Mrs. Lux.
He did not merit being harassed by her
and treated with suspicion. Then, again,
Mr.. Miller testified to having loaned Pot
ter money in order to keep him from dis
grazing his family and the firm.
Mr.. Pillsbury was allowed to ask the
witness q question, "Were YOU recognized
as representing the firm of CARRIER, Boalt
& Bishop during this examination-the
counsel for Jesse Potter?"
"IeS. sir"
"Then | submit, your Honor, that this
is not admissible. You cannot prove a
conspiracy by one of the constructors ("
Judge Buck allowed the examination to
go forward, and 1t now turned from the
transcript TO direct examination. He told
about a conversation he had with Miller,
in which he sought to have Miller rein
state him IN the receipt of a salary. He
said he thought it would put Potter in a
good humor and please his mother and
Bishop. Miller refused, becoming very
excited as he stated his reasons, charging
Potter with being an embeZZler and de-
faulter and generally no good that he
had made away with from $50 900 to $50 OO0
OF the firm S money, and perhaps more.
81 said to him." said the witness, you
don't mean that he has actually embezzled
money and he replied Il mean / could
send him To San Quentin But YOU have
continued to keep him III you employ after
you found it out and paid him money since
then [ said. Yes, [ paid to keep him
from disgrace "
did he say he was utterly unreliable
and trustworthy" asked Mr.. Delmas.
Yes, he did
During all this Mr. Miller, who has been
a close follower of the proceedings, leaned
forward in his chair in the upper row of
the jury chairs and listened intently.
Did you tell Mr.. Potter of all this that
was said Of him?''
Il did, at Mr.. Bishops residence. told
him in detail"
In answer to question Judge Spencer
said that Mr.. Miller had said to him on
one occasion that in justice the whole
property belonged to him (Miller) as be
had worked and shaved to amass it while
Lux had remained in the city and had
done little toward 1t. "In imparting all
this to Mr.. Potter [ said, you see now the
attitude which your friend Miller has
toward you | told him he would rob him
and throw them (the Lux heirs) all in the
ditch if he could, and that it was import
ant that we all stand together in meeting
an adversary of that temper"
During certain noon recess of a hear
ing in the accounting case Judge Spencer
said he entered suddenly Mr.. Bishops
office and found Mr.. Potter already there.
and by his attitude felt that he was max
ing complaint against him Judge Spen-
cer) in his conduct of the case as he had
been inquir;ng about these loans to Potter
from Miller.
Il pushed Mr. Bishop aside" saio the
witness. Jesse, l said, why don't you
make a man of yourself? You are com
planning now about your own misconduct.
Why do you play into the hands of an
enemy who would cut your throat as soon
as he gets through with you? At any rate.
so long as | have anything to do with the
conduct Of this case l am not going to
allow you to damn it. My inquiry was to
save you from the effects OF your own
testimony. l want to show how far Miller
has you in his power To this Potter
replied that he did not object to the
questions as far as they went, but that he
feared | was going further, inquiring into
his private affairs-how he had spent the
money. l assured him that l had no such
intentions.
THE man who was bitter against you
before the death of your mother is not a
friend now, but as soon as lie is through
using you will throw you aside said.'
This finished the direct examination.
1t was at this point that Mr.. Pillsbury
and Mr.. McEnerney rose up and came into
the case like the unexpected arrival of a
troupe of cowboys in a border town.