The San Francisco call., 1895-12-13
,ns, him in paragraph IL of the complaint

tick against him in paragraph IL OF the complaint
| it is averred:
THAT the said defendant Henry Millerl has not
taken anv steps whatever to liqudate the business
! of said copartnership or TO wind up or sette its
affairs, but the contrary, has ever since sne @
| death of the said Charles Lux continued 10 carr
on the business of the said copartnerSnlp IN ah "
spects as II the said Charles LUX were stlll nvlng
and as il said coparnership were still snbslsthg,
and has used the greater portion of the profits ana
proceeds of said business in the purchase OF iage
quantities of land and personal property, ana mas
by such purchases greatly increased the amount OF
| land and of cattle and other personal pIoPSIty
| held by said copartnership." This is not my Ian
! guage IL is the language OF Messrs. Mastisck,
Belcher & Mastick, Mr. Milers own attorneys
REVERSING THE SITUATION
The results of this policy and of this manage
ment have responded to the widest imaglnatlons. % @
| AT Charles Lux's death. March TO- 1885, Henry
Miller owed the frm OF Miller q Lnk nk $o1,oH19, ~
management since that time the position Is re-
yersed The firm OF Miller t Lux now mS 6e,rs 6wes
| of Charles Lux (incudfng Jesse Potter as an helr
in his mothers rlgh are brought % IN qeos 10 tne
| years of Miller's management has changed some
| what.
tween Miller & Lux, which is Incorporated at into
and made a part of the win OF Charles Lux pro-
| vfies U quote the exact language):
$50 much OF the rents, issues and profits and
proceeds of sales which may be necessary ior tns
support of the family of the deceased sha De palu
monthly TO such family or Its proper representa-
| tive -. .,,.
Has Henry Miller ever complied with this wise
and benefcent and humane DrovisionF Never
Receiving millions of profits making tens OF Ili.-
lions OF sales since death of his deceased part
ner, never has he paid to his widow one cent OF
such profits sales l speak literally, II your
Honor please and not metaphorically. She never
has received from this vast estate TO one
fourth OF which, amounting to three, four, nVe @ OF
more millions she was entitled. she never mas
| received cent. She has had to borrow money 10
! live on. i he very family allowance which your
Honor and your Honor's predecessor, in accord
ance with the humanity of the law, made for her
support to this lady, who was entitled TO receive
| from two to three hundred thousand dollars of
profits annum, she had to borrow from Henry
Miller and he has charged her interest on It TO this
very day. He tried TO hold her exactly where he
held Jesse Potter and his wife and child, making
them all feel that they were dependent upon him.
Theoretically they might be the owners of millions,
but they had to beg their bread from Henry Miller.
What has become, then OF the vast income OF
this estate? 1t has been used and appropriated by
Miller tofurther his own cain desire TO become
the auocrat of the cattle market of this coast He
partnership agreement, needless OF your Honors
admontions, in spite of all dictates of proprlety
and Justice investing and expanding, until now
he can boast that he has onethird more cattle than
when Charles Lux died, twice many sheep.
and he has three times as many horses and four
He has invested in land and permanent i'm
provements of land alone the enormous sum OF
So so 900 out of the profits of this business. And
this while the brothers aud sisters OF Charles Lux
the benetciares under his Will, were going empty
handed to their graves, never having received
penny of the vast fortune which belonged to them.
All this while the widow of his dead partner
she lived.
MILLER FOUND EXCUSES
Of course Tor pursuing ScnemeS LnuS aD0OrrtnI
to all Justice and propriey some plausible excuse
had to be found. 1t is only when man becomes
dead in his BOSOM that from the depth OF his degra
datlon and despair he exclaims, as did Manfred:
. Ihave ceased
TO Justify my deeds unto myself
The last infirmity of evil
| So Miller found excuses and what were they?
First his dead partner and his wife, it seems, had
not been sufficiently appreciatiYe of his vast SER
vices in their behalf at seems to me-" he says,
| with childish petulance, 81 was treated like a
hpa ar n bp tho hos n
is not serviceable, his good qualities forgotten
1t appeared to me very strongly that way. have
| spent every day of this time, haven't had day
| to myself. Through inability lost about four
! five davs during that time and then seen the ur-
grateful position was placed under.' I have al
ready read TO your Honor the passage in which he
states that his wife had toiled and slaved While
| Mrs. Lux had never worked.
1t has another justification, and it comes in in
connection with the Las Animas lease, TO which L
alluded this morning.
That was a nefarlous transaction. as 1 will show.
1t the result of an agreement which he entered
! into with the coexecutors OF his partners Will
| through Mr. Potter. one week after his partners
death, before there any legal representative
appointed. before his viii had been probated.
ranged that it resulted in Millers receiving as
ta TOR certain lands which he held in the Las Ami
mas Rancho twice the rental that he had received
| during his partners life and the other SIDE re-
| ceived for the rental of the Burri Burri Rancho
about onethird more than Miller himself valued it.
| Mr.. Miller is asked why this doue; why,
within week after his partners death, he had
tered into this agreement so vastly 10 his advan-
tage and what is his justifcation-for he does JUS
rify the act?
Mlcnael Reese IL seems 1ad appointed ChareS
Lux the executor of his WILL
The estate Of Michael Reese was vast. Upon the
the compensation fixed by law. Years afterwards
Charles Lux died. After his death, becausedt had
sions with Henry Miller, Henry Miller, aftsr hav-
ing allowed years to roll on, making no complaint,
proffering no claim, now. when his partner in
his grave, equalized matters by entering into q
plot with his stepson to defraud his estate.
Besides, he finds some justification in the con-
tempt that he feels for Mrs. Lux. Yes. Not
tent with despoiling her. not content with depriv
ing her OF her own, he turns upon her and over
whelms her with objurgatlon and contempt He
says:
erty. My wife has slaved and worked to serve the
firm Mrs. Lux has done nothing and for that
woman"-Ih have shame to say i'll have only con-
tempt" docking at herwith contempt The gentle
lady that we have seen here in court the long suffer
ing, uncomplaining and afflicted mother of this
wayward son. is looked upon with contempt by him
who has made her osing years full of sorrow
He will not call her Mrs. Lux he calls her Mrs
Potter. as if he deemed her unworthy TO bear the
name of her deac husband.
Now note, if your Honor please how prompt,
act in the line which he had marked out for him
self.
THE LAS ANIMAs LEASE.
I advert to the transaction of the Las Ami
mas lease, to which have already referred. The
matter stands thus: Mr.. Potter acted throughout
for Mrs. Lux, she being well aware that he was to
attend TO the business for her. for Miller says 0
quote his own language:)
at all; L dealt with her representative; have
done no transaction with Mrs Lux, she always
uiu ~ thiouSh soLue one eiSe' sue WOulu not give
me chance to talk business" In this condition
of affairs, and while Mrs. Lux was still plunged in
grief, within week after Charles Lux's DEATH
within less than five days from the time he was
put under the sod-Mler, in conjunction with
Potter, acting for himself and as the representa-
tive of his mother, as have shown entered into
an agreement that he firm of Miller & Lux should
pay cash rent of $5 an for the Burr Burri
Rancho, belonging to the estate of Charles Lux,
which, according to Miller's own testimony was
about $1.50 per acre more than it was worth tthe
whole rent amounting to $4,000 or $l0,00O) in
consideration of Miller's being allowed to charge
the firm cash rent OF $45,395 80 for the lands he
owned in the Las Animas Rancho, which was
double the rent that he had been accustomed to
charge during Charles Lux's lifetime. In other
words. Miller was willing that the estate should
collect about one third more rent upon an amount
of $4,000 providing he was allowed 10 collect
one-half more rent than just upon an amount
of S45 900.
That nefarors transaction, which to-day. nine
years having elapsed, amounts to profit to Miller