The San Francisco call., 1895-12-13
money and price of his mothers life was thus spent

We must further add $500 month, the salary
which he received from his mother, from May,
1893. to September, 1894; the date of his mother
death, say. in round numbers, $4,000. Add that to
| the $4,000 from Miller and $4,000 from the
mothers life insurance, and it appears that this
man, in the two years Immediately preceding this
proceeding, spent $91 900 in fast living and on
dlssolute associates. In one single week, Just be-
fore this contest he spent $4,000 in the same way.
Yes, sir.
"Q.-In your personal expenses? AIN my per-
| sonal expenses; yes, sir.
ON the way of pleasuree Ain the way OF
pleasure, yes, SIR"
And in the month of July. 1894, he spent $4,000
borrowed from Henry Miller in the same way.
"Q.-That makes $4,000 in the month Of July,
1884? Alt must be correct, sir.
"Q.-You did not stop 10 think that was rather
large amount for man TO spend IN one month?
Al thought So yes sir.''
Thus In two years of deness this had
squandered in lcentious pleasures more than what
the vast majority can by lifetime of painful and
honorable toll succeed in accumulating.
COMPLETING THE PICTURE
But this does not complete the picture. for dur
ing the time that he spending at the rate of
$4,000 week and $4,000 month and $4,000 or
$oO,OO0 year for pleasure his wife and child were
supported upon $500 $500 month, furnished
by Mr. Miller as a beggarly charity. He is asked ::
"Q.-Can you tell us ia what manner you spent
these large amounts of money that you borrowed
during this period? Al spent it for pleasure.
vonr amounts that went to the support OF
counts that have read? Ayes. SIR
"Q.-Amounting TO some $500 or $500 month?
Ayes, sir.
"Q.-And the balance you spent for yonr pleasure
and amusement? Ayes, sir
What kind OF pleasure, If your Honor please?
Intellectual pursuits? ?-the love of art-of painting
or statuary-of lierature-of beautiful, artistic
and ennobling surroundings? No. Pleasures such
as are sought and found by men who lead q fast
life in the company of dissolute associates.
What was the consequence? 1t is said that a
man can spend his money as he pleases. That is
true 4 know OF no power to prevent man from
spending $4,000 in one week $4,000 in one
month for pleasnre-aye, even though, at the same
time, his wife and child sinted in the
ries ana certainly in the comforts of life. Men
may be so constituted and if they are the law has
no means to prevent the consequences of their
recklesSness or their injustice.
But between that and saying that it is from men
thus acting that court of justice is to select its
ministers to carry out the wishes OF the dead and
protect the rights of the living there wide gulf.
spend $4,000 year; that not one-half OF the
income from his mother's estate" The counsel
who make that argument fail to recall that at the
time Mr.. Potter was spending this money, his
mother was not dead that the property still
hers not his; that she might dispose of by will to
whomsoever she pleased; that he had at best but
an expectation in her estate.
Is 1t then come to this, that man, having ex-
pectaton OF income to come after the death of one
whose life interyenes, gives evidence OF providence
and fitness to take charge of the affairs of others
by borrowing from stranger the whole of that an
ticipated income, to be squandered in prohIgacy-
borrowing. too. by giving in pawn to the lender
everything he has in the present and all he hopes
to have in the future?
Where is Jesse Sheldon Potters property to-
day The very house in which his child and wife
w
emolumentS and commissions which he may be
entitled to receive in this proceeding Pawned to
Miller. Where is his expectation as heir in his
mothers estate Pawned to Miller.
THE SLAVE OF HIS MASTER.
Stripped of everything he has-land, home,
moneys, expectations, all-he is a very slave in
the hands of his master, who has furnished and
still furnishes him money and leads him to
ruin. in order that he may the more efectually
Listen to this testimony: Mr.. Miller says that
he has loaned Mr.. Potter these amounts of money
much as expected his security ample.''
"Q.-Y ou loaned him up to the limit OF his Sc
curty? Yes, Sir
"Q.-Do you know, as a result that the very
money which supports his household. his wife and
child is fur nished from your office, and has been
for months? A.-Probably 1t is.
The very bread which Potter's child eats to-day
is Miller's The very roof which protects his wife
Is MilIer's. Well might this wretched man ex-
claim, did once the deposed monarch OF Eng
land:
Miller knows full well-Potter thoroughly un-
derstands that Miller knows full well-in what
manner these moneys have been spent. The very
magnitude of the amounts is suggestive. No man
like Potter could honestly spend these amounts of
money during this period. Miller knows now
wife and child-two or three hundred dollars. He
knows too, that the thousands go to Jesse, and
the manner in which they are spent.
Miller is then asked:
"Q.-Yo have no idea of how he was spending his
money? Al have some slight idea
"Q.-He was not prudent in his habits? A.
Well, If man spends the amount of money he
states he has spent he can't be very prudent IN his
habits.
"Q.-You know what the meaning Of the word
'mprovident' is? Ayes, sir, do.
"Q.-He was improvident in his habits? Ayes,
sir, TO some ex tent"
Millers own words under oath in 1894 were that
"Potter was throwing himself away"
Throwing himself away-with whose money?
Henry Millers.
Leading fast life-with whose money? Henry
Miers.
Squandering a fortune upon dssolute associates
with whose money? Henry Millers.
The most melancholy feature of this picture is
that these moneys were furnished to Potter by
Miller in spite of the protests, the prayers, the
tears of his mother.
She begged Miller not to permit her TO draw
any more money from the firm than the $500
month which she himself was giving him. She
deemed that sum ample. She considered that more
was only enabling him to lead that life the end of
Would you believe it that in spite of this
mothers protest and prayer, this man continued
to furnish these lavish amounts to this wayward
and unfortunate victim? You would not be-
lleve upon any less assurance than that OF Henry
Miller himself would you?
MOTHER AGAINST SON.
The mother said, in substance: ''For Gods
sake, Miller, don't give Jesse any. more money.
y ou know how he is employing It. You know
what kind OF life he is leading. You know what
associates he is consorting with. You yourself ac
Help me to redeem him. let me furnish him
money enough to support him, his wife and his
have. Do not give him more to be squandered in
the manner that you and l full well know he
Squanders it,.
What answer did Henry Miller make? He said,
in substance, to the mothers supplication:
''Woman, you unreasonable. 1t is unreason-
able to limit this man to 5000 month. Let me
furnish him rather $4,000 a week. Let me fur
nish him rather $4,000 month Let me furnish
him rather $90,0U0 in two years. Let me supply
him with the means of continuing to lead the life
he is leading. Let me take from him in pawn
home, lands commissions, fees. expectations. Let
me bind him hand and foot, that he may be my
slave and minister 70 my wishes
That is the dialogue which, if not spoken by the
lips, was spoken by the acts of these parties
Having now disposed of the first two subdi-
visions of the argument, purpose addressing my
self now briefly to the third, denomipated here by
my learned friend that of conspiracy. He cor
rectly states in the main what the charge is, in
these words:
"The whole theory of that charge is this: That
for five years last past Mr.. Miller and Mr. Potter
have been working to prevent the settlement of
this estate and to keep 1t open and perhaps rob
it, that the respondent and Henry Miller have
entered into conspiracy to cheat and defraud
this estate and those interested in it, which con-
spiracy includes plan or scheme to postpone the
settlement OF this estate and to keep those entitled
TO the distribution thereof out of what Is justly and
legally theirs"
I adopt these general outlines OF this charge OF
conspiracy, or rather, should say, cooperation
to do wrong.
In that connection my learned friend very
properly says that ain determining whether con-
spiracy exists or not it is well, at the commence
ment OF an investigation, to inquire who the actors
in the conspiracy are, what their relations to the
situation may be, and what their motives are or
may be-"
agree with him that that is the orderly way of