The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-10-25
HE LOANED POTTER MONEY AFTER
JESSE'S MOTHER BEGGED
HIM NOT.
PROFITS OF THE BIG FIRM
He DENIES THAT He CHARGED
RESPONDENT WITH ANY GRIM
INAL CONDUCT.


Mr.. Miller was being required to tell a
great many things about the affairs of
Miller g. Lux, his relationship to Jesse
Potter, the executor of the will of Charles
Lux, why he loaned him such large sums
of money, why he himself has resigned
the Office, what relation the date OF that
resignation had to do with the date of the
beginning of the suit for an accounting,
and great many other interesting things
that might demonstrate the truth of the
theory of conspiracy, upon which is made
the petition for the removal of Jesse Potter
as executor, the hearing of which was
pending.
Mr.. Miller was not good witness" as
witnesses go. He prolonged the inquisi-
ton over himself just about twice the time
necessary to have secured the information
he gave if he had given it promptly and
directly. His evasion for that one day
may stand forever as an example and
study for devotees of indirection. They
were marvellous series of answers. Not
one, not the simplest question did he an
swer directly and simply and allow the
answer to stand.
Mr.. Miller is shrewd business man, and
the calm tone of the inquiry did not for
one moment lull him into forgetfulness
that its purpose was directed at his IN
doing in this matter
But his ipdirection was not all an intent
to evade. Much of it came of habit; no
doubt it is constitutional with him. He is
naturally cautious and wary. Besides he
is gifted with picturesque inability to ex-
press himself. Words are tardy with him,
and after long, painful struggle to find
them they are the very oldest expressions
that afi m eG n n iS ra1iaf
In one instance, just before the adjourn
ment, Mr.. Mastick, his personal counsel,
who has been attending the hearing as
subpenaed Witness asked leave of the
court and by its consent interrupted the
proceedings to rescue him from the effect
of one of his most outre lapses.
For four hours, therefore, Mr.. Miller YES
terday served more to entertain than in
struct the court. All the rules of evidence
were set aside in his case. The court it.
self was helpless, for Mr.. Miller seemed to
be that bland, impertur bable, perfectly
willing but constitutionally faulty horse
that could not be driven in traces.
Despite pleading, instruction, warning.
every effort OF counsel and court, every
answer began in circumlocution and con-
tinued in clrcumlocution to the end. On
the day before, at the beginning of his ex-
animation, he answered two questions
that his name was Henry Miller and that
he was born sixty-seven years ago. with no
accompanying explanation. Those were
the only exceptions, from the beginning to
the close.
! Mr.. Delmas through it all maintained a
perfectly even front, evincing no shade of
irritation, except for the moment that he
tried it on as one hopeful means of making
the witness talk to the point But it
| failed.
The lawyer baited the witness in every
conceivable form. When he asked, for in
stance, about the profits of the concern for
the past eight years and the witness, by
way of reply, said that he had devoted the
income to the improvement of the vast
property, Mr.. Delmas would move that
the answer be stricken out as ''irrespon-
sive" and try again.
do you know what the profits have
| been, Mr.. Miller?" he would ask.
"Our property is so large and extends
| over SO much territory and the deprecia-
| ton of real estate values have been very
great these past few years that | could not
| say exactly"
I'VE do not expect it exactly. Mr.. Miller.
state approximately if you can"
| 1.-THE profits with US are about Is or 20
per cent more than they are with any
other concern in our line. We have got
things in such shape that we produce at a
minimum of expense"
"But what were the profits as the result
of this splendid management-abeut what
were the profits ?"
"Well, as l say, about 90 per cent more
than any other firm in our line"-with
every placid appearance of sincerity, as
though he really thought this was an an
| swer.
Mr.. Delmas merely strokes his shaver
| chin.
Can you tell US, Mr.. Miller. what the
| profit would be upon the sale of a single
| Steer?'
well, no, not exactly. 1 sb ould have
to figure out the cost of the production Of
| the steer"
This is the sort of thing that consumed
the day-fencing, fencing, fencing. Mr.
Delmas at each failure would draw away
and approach the witness from some
other point, separate and recombine his
| questions, put them in DISCUSSES and by
every art known to the practical lawyer
endeavor to get direct statement of the
point at issue. But the nuggets of fac
| were few.
Did the lawyers on the other side object,
MI Delmas pointed to the witness as his
excuse, and the court was compelled tc
accept it, as indeed the lawyers on the
| other side did also.
The day began with inquiry about the
power of attorney to Jesse Potter, revoked
October 10, 1893. at the time it was sup
| posed to be given to Mr.. Nickel.
| MI. DDcIuOU. VIII Tic WlbHCSS odlo W a.
a go-between between Mrs Lux and him
self, came to him and advised him to re
strict Jesse Potter's spending money t.
$500.
Without noting the circumlocution tn,
examination continued about as follows:
.'But you allowed him to draw money
afterward?"
81 learned that it was being done. H,
drew it indirectly through loans from oul
customers. The firm honored the du,
bills"
"But you ordered the firm to discontinue
that?n
Eyes"
And then you began to lend him money
on your own ACCOUNT"
Eyes"
How much have you loaned him?"
About $50, 900 in all, exclusive of wha
he has paid back"
"You were secured?"
"Oh yes"
You would not have loaned him with
out security?"
COB, no.
"You loaned him up to the full extent o
his security and no further.
Eyes"
1ou took no chances ?"
II took more chances than with others