The San Francisco call., 1895-12-13

your innocence which you then had? Can you
cone, Jesse Potter, with the Reynolds note which
round It's way through the iron and steel-ribbed
walls OF the safe of Henry Miller. Gone, Jesse
Potter with all hope of your establishing your
innocence Gone, Jesse Potter, with your char
acter as an honest man.
The Good Book saws somewhere IL Won Honor
please II my memory is not at fault, "For he that
natn 10 MIN shall be given: and he that hath not,
from MIN Shall be taken away, even that which he
hath Jesse Sheldon Potter exemplified but in
part the truth Of this Biblical quotation. To the
Voucners tnat he says he had no more were given,
were taken away
Now, if your Honor please. what is the explana-
tion OF all this? What answer is made to this
damning evidence? Why. forsooth that Charles
Lux knew all about the misdoings of his stepson.
Charles Lux was honest man, who bore that rep
utatlon In this State in a degree full and COM
pete as any man that ever lived within its borders.
lie was good man. His will shows him to have
been kind-hearted and just man.
DID Charles Lux, the possessor of millions un-
told conspire with this boy to peculate in the mat
Ter OF rev thousand dollars? Did Charles
Lux, the trusted partner of Miller. in whose
special charge the office and the books were
partner to the extent of few paltry thousand
dollars? Is it believable? If that is not believ-
aDle is IL possible to imagine for moment that
Charles Lux knew what was going on?
DEFENDING THE DEAD.
Let us not lose ourselves in glitterng generali-
Ties, which but confuse the mind and make the
reason wander Let us take one specific transac-
ton because If he knew it all he knew the parts
ana let US see how that imputed knowledge squares
with the facts and with the character Of this dead
man VINO is not here to defend himself.
Did Charles Lux know that Potter had collected
from the Oriental and Occidental Steamship Com
pany $500, for which he had given the receipt Of
Miller & Lux? Did he know that the coin of that
company had gone into the hands Of his stepson,
Jesse sheldon Potter, in payment of legitimate
Dill IN the ordinary course OF business? Did he
know that this customer appeared upon the books
in the office as still indebted for the amount? Did
Does any one believe ite Did Charles Lux know
that Jesse Sheldon Potter had taken this money
and appropriated it to his own use? Did he sane
tion the withdrawal of the money from the firm?
And did he not then direct that charge should be
made against Potter in his current account upon
the book Of the $4,000 which he had thus tsken
with his sanction. legitimate business transac-
ton? Does any one believe that?
Did Charles Lux know that Potter had taken
$3OOO OF the money of Miller d Lux and had
loaned 1t for purposes of their business to a man
named REYNOLDS, and had taken his promissory
note therefor? Ana did he then not direct that
the Oriental and Occidental Steamship Company
should receive proper credit for the money they
mao pad, ana that this TRANSACTION should be car
red into the ordinary account of bills receivable?
Does any one believe that? Does any one believe
that for period of five years Charles Lux his
stepson abstracting at first a couple of hundred
dollars, swelling the amount gradually from $500
$780, $4,000. $4,000, $4,000, $4,000 to S23, ,000
and did he put no stop o 1t? Did he give no warn
ing voice? Did he not insist that the books of the
firm should show the truth TO bis other partner?
CowARDLY ATTACK.
The truth is, If your Honor please. that this is
cruel, unwarranted, uniuStifiable-I had almost
last resort of a bad to throw the blame OF
The crime OF the living upon those who. in the
ments OF the tomb, are helpless TO defend them
selves. But there Is man who is not dead.
There is man who knew There is man who
was familiar with all the facts and circumstances
which could shed any light upon that transaction.
That man is Henry Miller. What did Henry Mil
ler say of Jesse Sheldon Potter at the time when
there temptation to swerve his mind from
the truth, when he speaking from his heart,
and not with that cunning evasion which has been
characteristic of the whole OF his testimony here?
hat InHCy Dnr1f
upon Jesse Sheldon Potter in 1891, when he COM
PEELED him to repay these embezzled moneys by
his note? What Judgment did Henry Miller pro-
nounce upon Jesse Sheldon Potter in 1898, when
he depicted him to Judge Francis +. Spencer of
San Jose? What did he say OF him then? He
said he defaulter. He said he had embeZzed
from the firm from 100000 TO 5000, and the
books would show it in part. He said he a
felon, whom he could have sent to State Prison,
only spared him out Of tenderness for his mother.
That was the Judgment of Henry Miller in 1898.
What was the Judgment of Mr. Miller Of Potter in
1894, as expressed to Major Pott? That Jesse
Sheldon Potter was defaulter an embezZer and
had embezzled collections which he had made for
the firm of Miller d Lux; that he could have sent
him to the State Prison, but did not, out of con-
sideration for his mother.
Does Mr.. Miller deny these conversations? Does
he deny that he so stated to the venerable Judge
who testified here? Does he deny that he stated so
to Major Pott? He does not. Does he deny that
he compelled Jesse Sheldon Potter to refund these
moneys? He does not. Does he claim that at the
time he exacted this repayment any explanation,
any palliation OF this crime was made or suggested?
He does not.
anticipate that it will be said: Why did Miller,
from 1891 to 1893 keep Potter in his employ If he
was and he knew him TO be embezzler and
thief? Why does he continue him to-day transact
ing his business, If he knows him to be such? /
VIII VIII NOT now answer that proposition at length
The purpose which Mr. Henry Miller had in view
in thus acting is, will show hereafter perfectly
manifest.
That disposes of what / have to say upon the
first OF the heads to which the learned counsel
has adverted in his argument-the question of
lack OF integrity, with this execution, that. fur
ther on in my argument will advert to q transac-
ton connected with the leasing Of the Las Animas
Rancho in March, 1887, within week after
Charles Luxs death, which might belong to this
branch of the subject, but which, in order to avoid
repetition will treat of under that. This transac-
tion shall claim, when the facts are stated, was
dishonest transaction OF both Mr.. Miller and Mr..
Potter-a fagrsnt breach OF trust by both prompted
by mercenary motives on both Sides
now pass on to the second branch of this argu-
ment, which relates to improvidence.
JESSE POTTER A FAST LIVER.
Jesse Sheldon Potter, as he has presented him.
self TO US here, appears to be man of easy dis
position The evidence abundantly proves and
the admissions abundantly attest the character of
life which he has been leading for the last few
years. To put it very mildly. from the year 1882
to the present time Jesse Potter has been fast
liver The amount of money that he spent over
cluding the defalcations which have adverted to-
including the moneys which he borrowed from
Miller d Lux upon his note, and including the
moneys which he drew from the firm on current
account, amount to $4,000. This, over and above
the salary of $500 which he was then receiving
and such benefaction and gratuites as he may
have receive d from loving mother, whose only
child he was, and from his wealthy stepfather.
The cold fact confrdhts us that, since the
death OF his father 10 the present time, period of
less than nine years. Jesse Sheldon Potter has
sqnandered, in round numbers, $20O.00O in de-
bauched pleasures Who has furnished him this
money, for what ulterior purpose was 1t furnished
him, and what purport the man who furnished 1t
had in view will advert to presently.
Your Honor remembers the questions that were
asked Of Mr. Potter. We were upon the very
boundary OF that subject, which had excited some
curiosity, and were advancing with the cautious
hesitating and reluctant steps with which q man
proceeds who is compelled by inexora BILE duty to
make an investigation into the private life per-
sODal sins and ofenses of another. At that time
nothing could prevent us from making that exam
naton. because the debauched life OF Jesse Potter
was averred in our petition, and was denied by the
answer The burden being with us we would have
been compelled, however painful the operation to
enter into that forbidding region.
That the condition of the pleadings then.
They were at that time amended, and without
further comment 1t is sufficient for me to refer
the amendments which were filed in this court 1t is
averred under OATH
THAT said Potter is and has been since March
10, 1887 incompetent to execute the duties OF his
trust, and incompetent to act as such executor by
reason of his improvidence, and in that behalf
these complainants that said Potteris and since
March II, 1887, has been wholly insovent; that
divers large sums of money from his mother,
Miranda w. Lux, now deceased, and divers other
large sums of money from Henry Miller, the sur
viving partner OF the firm OF Miller q Lux, which
firm until the death of said decedent COM
posed of said Henry Miller and said decedent, and