The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-12-10
The Executors Honesty Is Set
Forth in an Impassioned
Address.
CONSPIRACY CHARGE DENIED.
The Late Charles Lux's Confidence in
the Defendant Fully Enlarged
Upon.

REDWOOD CITY, CAL, Dec. 9.-Garret
W. McEnerney made an eloquent address
in behalf of Jesse Sheldon Potter when
the now famous removal suit was called
in Judge Bucks court this morning. The
last scene of all in this eventful action, so
far as the efforts of counsel are concerned,
will be enacted on Wednesday, when d.
M. Delmas will close the argument for
plaintiffs, the German heirs of the Charles
Lux estate.
In his defense of Jesse Potter Mr.. Nc
Enerney said that he would confine him
self to three main issues-the only ones,
in fact, that had any place in this case.
First, he would deny that respondent Pot
ter was incompetent to perform the duties
of his trust from want of integrity; or Sec
ond, that Potter was unfit to perform such
duties on account of improvidence; or
third, that Henry Miller and Defendant
Potter were engaged in conspiracy to
cheat or defraud the estate or any person
interested in it, or that Potter had con-
spired with Miller to delay the legal pro-
ceedings in connection with the settlement
of the estate in order to keep others from
the enjoyment of what rightfully belonged
to them. There were other issues origin
ally charged in the complaint; but some
of them had been abandoned during the
trial, while others were not even dwelt
upon during the hearing.
When Charles Lux made his last will,
by which he decreed that the petitioners
(the German heirs) should receive one-half
of his estate, he performed duty that
was his sacred right and under which the
petitioners were entitled to the protection
of this court, said Mr.. McEnerny. But
persons charged with the administration
of trusts executors and administrators
were also entitled to the protection of the
court, and this respondent, Jesse Potter,
was entitled to that protection as executor
of the Charles Lux estate.
''Here is a man." said he, "whom
Charles Lux appointed as executor of his
will when he had a full knowledge of any
deficiencies or shortcomings in Potter's
character. Potter's habits, his accounts,
his Indebtedness were all known to Charles
Lux, who at one time when he was going
to take an ocean voyage, again approved
Potter's capacity, his position and his in
tegrity by adding codicil to his will so
that in the event Of disaster and untimeiy
death Jesse Potter should receive one-half
of his fortune.
ANY deficiencies that existed affecting
Potter's integrity existed before Potter
was made executor. Every person in in
terest received notice of Potter's appoint
ment without protest, and, as Attorney
Pillsbury quoted, that fact closed the
mouth of all the world to any act of Pot
ter's previous to that time. Instead of
making the charge that during the eight
years of Potter's trust he was unfaithful to
his duties, plaintiffs could not put finger
on a single fact of error during the admin
istration of his office and they were COM
PEELED to 60 back to a period previous to
his appointment. But they cannot play
fast and loose with this court, and the tes-
timony overwhelmingly supports Potter's
position and negatives any contrary impli-
cation.
''As to the question of Potter's IMPROVE
dence, this court will not concern itself
with how this man spends his own money.
1t is his right to spend it how he pleases,
where he pleases on whom he pleases. as
long as he does not interfere with the
rights of others. The law presumes that
improvidence that affects ones position as
executor of an estate Is reached when he
lives beyond his income.
''In Potter's case he is entitled to half of
an estate worth So, 700 900, and has an as
sured income for all his life of 100000 1t
cuts no figure that he may have spent
$175, 900 in a manner that you or 1 might
not approve, or that he borrowed a few
beggarly thousands from Henry Miller on
his expectancy. The German heirs are
entitled to their money; the defendant is
entitled to his. And when the plaintiffs
receive their portion of the estate the court
does not care farthing what they do
with it"
Mr.. McEnerney then passed on to the
third point-that Henry Miller and Jesse
Potter had conspired to delay the settle
ment or to check or defraud this estate or
any person interested in it. Mr.. McEn-
erney referred to the testimony proving
Potter's business capacity.
Judge Buck (interrupting)- is ad-
mitted.
"Then," said Attorney McEnerney.
what becomes of Potter's shrewdness and
ability if he should conspire to cheat him
self out of his own portion of the So, 7OO,O 600
that comes to him as an inheritance?
Why, the very idea is preposterous. There
is ali utter absence of testimony to show
collision or where Potter has neglected
the duties of his trust for a single hour"
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