The San Francisco call., 1895-11-06
Henry Miller Explains Why the
Commissioner Was Ap.
pointed.
Mr.. POTTER'S LITTLE BILLS.
Miller & Lux's Manager Had Secrets
That Called for Private
Compromise.

In the proceedings before Judge Buck in
the Potter removal suit yesterday Henry
Miller was again on the stand.
Mr.. Delmas asked him to tell once more
Just how it was that Mayo Newhall came
to be selected as one of the commissioners
in the recent partition of lands sold by the
referee.
"Mr. Bishop appointed Mr.. Newhall and
accepted him, the witness answered.
Right on top of this answer Mr. Delmas
wormed OUT of the witness that Mr. Bishop
had selected Mayo NewhalI from list of
four or five names made out in Miller &
Lux's office, the list being then sent to Mr.
Bishop with Mr.. Miller's approval. Mr..
Miller had already appointed one commits
sioner, Mr.. Bishop one, and this list was
drawn up so that a third commissioner
coald be chosen by Miller and Bishop
jointly.
By his answer Mr.. Miller had reversed
himself.
Mr.. Delmas-In other words, Mr.. Miller,
it was YOU who sent in Mr.. NeWhaIIs
name, and Bishop acce pied 1t.
He could have refused them ALL"
"What would have been the conse-
quences?"
out"
"Don't you know that Bishops names
were refused in blocksY'
mot to my knowledge"
Miller said it was true that he had COM
planned of Commissioner Porter's bill of
$4,000 as being unreasonable, and said If
he paid Porter he would have to pay $1O-
600 to Newhall also.
That concluded Mr.. Mlller's testimony
for the present.
Mr.. Pillsbury asked the court that Miller
be excused and not be kept away from his
business affairs changing round a trial
that might last until Christmas" but Mr..
Delmas would not consent, and the court
instructed Mr. Miller to keep within reach
so that he could be called by telegraph
whenever necessary.
Jesse S. Potter, who was excused the
other day on account of sickness, was then
recalled by Mr.. Delmas, who asked:
"Mr. Potter. who is John Brown? Here
is your check for $500 on the firm of Miller
& Lux, payable to John Brown or bearer.
An Endorsement in the back reads, paid
bv Miller & Lux, and the name .E. Mar
chand is also written on 1t.
Mr.. Brown was a workman at Baden.
Potter did not know who Marchand was.
How about San FranclscoP'
Potter did finally remember there was
a place called Marchand's restaurant in
San Francisco, and Delmas followed hot
on the trail.
Ever live there"
"No"
"You did live at Uncle Toms Cabin?"
81 boarded there. | was there for year
and a half. l was watching them build
the cooler Ga cold storage building) at
Baden. Mr.. Her was in charge. | did
not have much to do, but was consulted
occasionally"
There was bill for $11OO?"
at was for board"
'Was that $110O your board bill for the
year and half, or for month, or week,
or day?"
at might have been for either. did
not stay at Uncle Toms Cabin continu-
ously during the year and half.
81 bad q room there.
81 lodged there"
"Have invited guests?"
Eyes, parties who came down to see the
improvements going on at Baden. l was
there looking out for the Lux interests
The firm of Miller & Lux also had lot of
cattle there"
That was all bad enough, but the straw
that was to break the cameps back was
still to come.
A livery bill of $143 was referred to, and
that opened up the question about q
Victoria that Potter kept in San Francisco
at McCord's stable for year and half,
and up 10 the time the present proceed
lngs against Potter were commenced. The
stable furnished the Victoria, two horses
and driver, for all of which Potter paid
the stable $3.50 a month.
Delmas-Who used it?
Mr.. McEnerney and the attorneys on the
other side had been growing redder and
redder as the examination proceeded, until
they could stand it no longer.
"Oh, let that go over until recess"
pleaded McEnerney. Mr.. Delmas gra-
ciously acquiesced, saying that he had no
desire to pursue Mr.. Potter, and that it
was an unpleasant duty for him to be COM
PEELED to ask for these facts to prove his
case against Potter. He also said that he
had no personal curiosity to crafty, and
then proceeded to other matters.
After the noon recess Mr.. nelnas COM
menced on Potter again, however, and
asked Just one leading question. Mr.. Nc
Enerney and his associates asked for a
recess of ten minutes. They adjourned to
Judge Bucks chambers, but did not return
until nearly O. clock.
A truce had been declared.
1t is said that the attorneys for Potter
would agree that Potter had expended
money in fast living, the amount to be
brought out in evidence tomorrow.
For purposes of this suit counsel agreed
that the estate OF Charles Lux, consisting
of half interest in the business OF Miller 81
Lux, should be valued at $7,700,o00.
The case will be continued tomorrow.
1t is stated that when Potter's attorneys
get to work about seventy-five prominent
business men will be called as witnesses to
testify as to Potters business ability.
I'M L L