The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-12-07
Bitterly Assailed in the Closing
Argument in the Jesse
Potter Case.
HOW MRS. LUX WAS DEFRAUDED
The Attorney Claims She Died il
Poverty Because of the Cattle
Kings Vaccinations.

REDWOOD CITY, CAL, Dec. 6.-The
Jesse Potter removal suit was resumed in
Judge Bucks court to-day, and J. H.
Campbell, representing the German heirs,
made the opening argument. He referred
to the many phases the Potter-Miller q
Lux litigation had assumed during the
past several years, and charged that it
was one of the greatest conspiracies ever
brought to the attention of any court, in
which complications have been evolved
without equal in the realms of fiction.
Miller, said Lawyer Campbell, COM
menced his operations in a small way, but
now had vast possessions in three States,
and an acreage that more than eaualed the
area of the whole State of Rhode Island.
This principality was so magnificent in
extent that Henry Miller could rot
harbor the thought of partitioning or cut
ting off even the smallest portion of it.
Miller had come to look upon it as some
thing OF his sole creation, as a monument
to his own industry. This idea took posses
sion of him soon after his partner death.
At that time his only opponents were
weak and defenseless widow and few
German heirs under the will of his
deceased partner.
To carry out his control Henry Miller
took it upon himself to appoint an attor-
ney, who had been his own, one who
would not obstruct his wishes. The next
move was to so arrange with Mrs. Lux, his
partners widow, that no opposition could
come from that quarter. Mrs. Lux was for
a considerable length of time an invalid
and fell under Nliller's influence, TO after
ward die in com parative poverty, al
though she was the heiress TO millions.
The accounting suit was not vigorous
CT aggressive suit, continued the attorney,
and for years il practically remained a
dead issue. Then came the death of Mrs.
Lux, which left Jesse Potter in the posi-
ton OF executor. Potter had come into
the employ of the firm as a young man.
The conditions surrounding Potter were
such that Miller must have sounded the
very depths of his character. Potter was
as plastic as clay in the hands CT Miller.
The land monopolist knew Jesse Potter's
weaknesses, knew how he spent money,
a..d he kept making advances to Potter
and led him on, a helpless tool. Miller's
plan was to entangle every person who
might stand in the way of his wishes, so
they dared not say no to anything he de-
sired to accomplish.
EfMiller furnished money to others also,
including the German heirs, which during
nine years amounted to some $3.50, 900.
But that would not represent the earnings
of Miller & Lux for more than six months,
and eighteen OF such distributions should
have been made during the nine years.
1--WE have thus seen the extremes to
which the master hand of Henry Miller
dare go in carrying out his wishes" said
Mr.. Campbell. Even the front ranks of
the bar have been taken in body to bring
about his wishes.
The agreement which Henry Miller
signed or the plea that he would consent
to distribution was impracticable and
contained features that are believed were
purposely retained SO that a settlement
could not be brought about. Henry Miller
is the representative of a conspiracy. Pct
ter stands behind him, not to carry out
his own judgment, but to carry out the
plans of the master mind which controls
and directs him. The only hope for the
German heirs is that Potter shall be re-
moved and that man shall not be put in
his place who is under the dominion of
Henry Miller"
Attorney Pillsbury then took up the
argument for the defense, merely stating
that argument had been insisted upon by
the prosecution, while his clients had Of
fered to waive it. He made general de-
NAL of all the charges urged against Pot
ter, saying that point after point originally
charged had been abandoned by the prose-
cution until it all now rested on matter
of Potter's expenditures. When Mrs.
Lux died the entire income of that estate,
valued at So, 800 900, came to Potter. Even
at , per cent year that was an in
come OF 900, and Potter had only spent
his own money, as he was entitled to do.
The argument will be resumed on Mon
day morning next by Attorney McEnerney
for the defense. D. NJ. Delmas will then
close for the prosecution.