The San Francisco call., 1895-11-01
The Claim That He Was Under
the Control of and Being
Used by Miller.
BADLY TREATED BY MR.. LUX.
The Deceased Partner Said to Have
Acted Very Unkindly to
Jesse.

1 court
proceedings being held here, seeking the
removal OF Jesse Potter from the execu-
torship of the Charles Lux estate Mr.
Miller is made to play a most prominent
part in the case against Potter, because it
was charged in the complaint made against
Potter that he was under the control of
| Henry Miller, and was being used by Mil
| ler to serve his own ends in continuing the
Miller & Lux business instead of bringing
| 1t to close. To be sure, Mr.. Miller is an
| unwilling witness to such matters, but it
| is the duty of Mr.. Delmas, counsel for
Henry Lux and the German heirs, to prove
the charges made in the complaint and to
try to force Henry Miller himself to admit
| many OF them.
So far as Mr.. Miller is concerned, q ques-
ton constantly arising or suggesting itself
in this case is whether he is trying to con-
tinue in control of the Miller & Lux prop
erty to extend it's business and also trying
| to direct Potter's action as executor of the
Charles Lux estate.
Mr.. Delmas asked Mr.. Miller a number
of questions evidently leading to the
theory that on several occasions when
Potter, in carrying out his executorship,
might have gone contrary to Milier's
wishes, that Miller would bring Mr.. Pot
ter under subsection by suspending his
salary at the Office of Miller & Lux.
A letter sent by the firm of Miller & Lux
to the German heirs was also read and
made the subject of many inquiries, the pur-
port of the letter being to show how difficult
it would be to close up the Miller & Lux
business on the plan proposed by the heirs,
and on the contrary how easy it would be
for them to get an immediate advance of
$4,000 cash and a remittance of about
$4,000 per month if the business was
allowed to proceed as directed by Mr..
Miller.
questioning of Mr.. Miller, and Mr.. Pills
bury proceeded with the cross-examina-
ton, which occupied the balance of the
day.
| Mr.. Miller was a changed man. At once
his replies came quick, sharp and to the
point. There were some roundabout
stories, but they did not '.go back to the
beginning of the world" as Mr.. Delmas
had remarked in despair on the day pre-
vious. There were no more illusions to
the books. Whatever he was asked about
his business he knew and knew it we'll.
The substance of his testimony was
when Charles Lux died he, Miller, owed
the firm of Miller & Lux about $50, 900, and
| the firm now owes him about $500 ,000
One explanation of his figures is that Mr.
Miller puts all of his money back in the
firm. His wants are few and his income
great and his account goes on steadily
| increasing.
Miller always considered, and was so ad-
vised, that during the seven years follow
ing Charles Lux's death, and by virtue of
the agreement with Charles Lux that the
surviving partner should have that length
of time to close up the business-during
that period he had not held it to be his
duty to account to anybody, but he has
always been willing to waive his right.
While negotiations with the German
heirs were going on 1t is claimed that Mr..
Bishop obstructed matters, and Mr..
Bishop appears to be a living thorn in
Mr.. Miller's side. An incorporation was
proposed by Miller, uniting all the inter-
ests. 1t was approved by Mr.. Potter and
opposed by Mr.. Bishop. The opinion of
Miller on Bishop, therefore, appears to be
that Bishop is a bad man. The incorpo-
ration, in which Miller was to have con-
troll, fell through.
The question was raised, Would you go
into an incorporation where you could not
control majority of the stock? To which
Miller replied that equal parties should
have equal rights.
When asked to explain the condition OF
his business at the present time compared
to what it was at the time of Charles
Lux's death, he said there was a depreci-
alton of value in every epartment-prop-
erty in particular, then cattle, wool, hides
and all items that go to make up the
business. He said that wages had been
affected least of all.
He referred to the cold-storage plant
belonging to the firm of Miller & Lux al
South San Francisco as being a per feet
success and an absolute necessity to the
business.
He also spoke of the Oregon purchase
the Nevada purchase and the Kern County
Investment; also the improvements al
Los Banos as being necessary and money
well spent.
Mr.. Miller defended Jesse Potter When
Miller was sick from exposure some year.
ago Jesse Fotter was his friend. Mr.. Luz
and his wife only came to the door of his
| room and looked in, as if he was small
pox patient, or beast of burden that had
outllved its usefulness. He felt hurt a.
them; but he will always remember Jesse
Potter as friend at his time of need.
Mr.. Miller repeated the statement tha
he has always been ready to close up the
affairs OF Miller & Lux; that he wants tc
do so now; that he has been surrounded
by attorneys, who obstructed him; ano
that he wants to get his accounts settled
and cut loose.
He will meet all the attorneys in the
case, together with Mr.. Herrin, in San
Francisco tomorrow to consider the Del
mas agreemant, the court having ad.