The San Francisco call., 1895-12-13

He was willing to get 100000 worth of property
from the Lux heirs, If he could. for So He would
not have been ashamed of IL. He was quite willing
to take that advantage of the heirs OF his deceased
partner
Jesse Potter under his control in the matter
of the partition of few outlying pieces OF land'
in no way essential 10 the business OF the hrm.
him under his control in the matter OF the parti-
tion of the millions of acres which constitute the
essential properties Of Miller & Lux.
Mr.. Miller is, doubtless an astute man. but ne
must think all he has do conceal his plans is,
like the ostrich to hide his head under lear. his
maneuvers are transparent. is he not controiiing
the present proceedings please? Who is back OF
all this? Henry Miller Who has suggested the
employment of the honorable and eminent attOr-
neys who represent Mr.. Potter here? Henry Mil
Ter. through his agent MIR. Nickel.
Where is Miller found during the preparation OF
these proceedings? In the office of the attorneys
of Jesse Potter-frst in the Office of Mr. Plllsbury
then in the office of my friend here, MI. McEn,
He is consulting him. What is he consulting him
about? About what would happen to MIN II ne
more is he doing there? He is preparing and sign
ing affidavit to be presented to your Honor Dy
his own private attorney, Eugene H. Garoer, 10
have Mr.. Potter restored and perpetuated In ms
position
Miller is asked: 'You stated moment ago that
you wanted to consult Mr.. Pllsbury something
about the parttion?'' and he answered: 81 con-
suited him when / was there. / asked him now
would fare if Mr.. Potter was to be displaced.
How would he fare, indeed, IL an executor or an
administrator OF this estate was appointed VINO
not under his control? What would become OF
the elaborate scheme he has laid for years to keep
the control of the sole executor OF this estate?
all the money he has embarked in that undertak-
cutor who will consult not his interest but the IN
terest of this estate? That the chief concern
OF Mr.. Miller: that is why he consulted MI Pills
bury; that is the reason why he wants Mr. Potter
retained.
CLOSE OF THE ARGUMENT.
AS am desirous of getting through before the
1fyf1t % hnxv nXgirn
upon this, The third and last proposition OF my
argument Upon that proposition / submit the
evidence shows that there has been cooperation
call 1t conspiracy, if you please-commenclng one
week from the death of Charles Lux and extend
ing with but slight Interruption TO the sad presen.
Potter by which, through manipulation. through
artifce, through money and other blandshments
Mr.. Miller has had it in his power to subject MT
Potter's will and actions entirely to his control
and seeks to have him retained in his present posi-
ton.
If your Honor, please, the Supreme Court OF
Oregon has said, IN the of Mills VS.. NILS, 29
Pac. Rep, cited here. at page 443: can admins
traitor stands in the position, so to speak, OF trus
tee, ana should be person who can and Will care
fully guard the interests of the estate"
II remains to be judicially answered here upon
the testimony whether Jesse Sheldon Potter is
such person. If the experience of the past is the
lamp which is to guide our footsteps In the future
has he in the past carefully guarded the interests
OF this estate? Has he had the ability, and II he
had the ability, has he had the power TO do so? Can
he in the future do so against such an antagonist
as Henry Miller?
Miller comes here and under his oath tells the
court that this Sheldon Potter is in every way fit
and competent to be retained as the sole
executor of this estate. This is the
solemn testimony of aenry Miller What !!
knows 10 be such that he never has kept an ac-
count OF any kind either of bis borrowings or his
lendings OF the numberless drafts he has given
no of those he has taken-the man to whom he
ha been compelled TO advance money, 10 use his
wn 10 Keep MIN out oI hs an
of attorney in october. 1898, and whose salary he
ordered stopped in May, 1898, dismissing him
from his employ with the statement that he had
been good to the business for two years-the
man who, for nine years after his partner s
death he would not trust to make a single
collection-the man who, though executor, he has
known never TO have acted in any executive
capacity whatever-the man to whom he would
not confide executor the $4,000, the only
moneys which he has distributed TO this estate
the man whom he has in vain exhorted to attend
to business, and whose promises OF reform have
been, to use his words ''made to the wind !;
the man whom he has purpose prayed to
abandon his evil associates, but who, to use MS
own expression, was "no use, utterly worthless,
throwing himself away, unworthy of the name Of
Lux'-this is the whom Henry Miller now
finds to be in every respect competent to act as ex
ecutorl
AN ACKNowLEDGED DEFAULTER.
Henry Miller further tells the court under oath
that Jesse Sheldon Potter should by justice and
right be retained as executor OF this estate what
The man whom he had proved by his own books
to have been, the time of Charles Luxs death, a
defaulter 10 the extent of $4,000 and over. en-
bezzed in period of five years-the man whom
he charged with still greater though unprOyaDle de-
falcations amounting TO 100000 or S65 ,000-the
whom he had denounced openly 10 whosoever
would hear him defaulter and an embezzler
the man whom he had branded n felon, and
would. but for his mother, have sent to the peni-
tentlary-the man whom, for the last two years,
he has plunged deeper and deeper into the gulf OF
self-degradatton by mnstering to his passions and
his appetites-the man TO whom he has loaned a
fortune of nearly quarter of a million, and from
whom he has taken nearly everything, land home.
fees, commissions, Inheritance, even the price of
his mothers life in order that he might have him
bound to HIM his very slave-the man whose
very subsistence to-day is dependent upon him
the man who could not tomorrow have bread to
feed his wife or child that furnished by his
bounty-the man whom he has schemed and risked
fortune to make the SuDServient tool of his every
wish and who has been to him and is to-day as clay
in the potter's haDds-ths man, Henry Miller now
finds should by every principle of Justice and right.
be reinstated as the sole executor of an estate OF
seven or eight millions of dollars.
| now take leave of this case by submitting to
your Honor that no cause WAS eN Ner presented or
could be presented in court with clearer out
lines of justice and right than this shall make
no fantastic appeal TO your Honor, but simply sub
nit that after nine years OF waiting it is time that
which their brother and their uncle intended for
them. These young ladies and these young gen
tlemen, now here and in Germany, are entitled TO
their share of this fortune they have right to re-
ceive it, and they do, through me, appeal to your
Honor, and, as they conceive to be their right,
most earnestly demand that at length some one be
appointed who shall have the power to wrest what
belongs to them from the wron gful grasp OF Henry
Miller, multi-millionare though he be- So appeal
ing, hoping so believing, they now submit their
cause to your Honor.
Arguments closed.