The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-10-22

with mISglVlngs upon the sudden friend
ship between Henry Miller, who opposes
their wishes, and Jesse Potter, who is ex-
pected 10 stand for their interests, brought
suit to remove him from the Office OF
executor, and it was this case which came
to trial yesterday morning, in which Jesse
Potter had the star part
As giving them right to ask for his re-
moYal from his important trust the heirs
of Mrs. Lux, led by Henry Lux of San
Jose, assert that Jesse Potter is incompe-
tent to perform the exacting duties of his
office because of drunkenness; that during
i've years past he has been incapable of
tranSacting ordinary business; that he is a
bankrupt and q prot1igate; that he has ex-
pended over 5000. coo in the time stated in
drinking, gambling and consorting with
lewd women, and that in a word he is
wholly Enthusiastically and should not be
allowed the handling of the large sums of
money which must necessarily come into
his hands as executor.
Now, Mr.. Delmas is the principal coun-
sci for Mr.. Lux, and it was his desire to
show that all these things as alleged were
true, and 1t was out of the mouth of Mr..
Potter himself that he sought to do it.
He began by expressing the most neigh
bory interestin Mr.. Potter's place of birth,
and who his mother was, and how long he
had gone to school, and when he had made
up his mind to come ont here to the West.
Mr.. Potter entered into the spirit of the
sip and told how he remembered Little
lay as his native State; that he was
now II, and how he had come TO California
in '53; that his mother was Miranda w.
Potter his father died IN '54 and his
mother married Charles Lux of the great
firm in IS, the partnership being formed
that year or the next; how he (Potter) en-
tered their service in 81 and earned SIS
month driving cattle, and great deal
more OF Ike interest, until Carrot Nc
Enerney, who is Mr.. Potter's counsel, rose
up and inquired what twas all about, any
way. Was it a biography, or-or-
Mr.. Delmas said it was important to
show the court that the evil things alleged
in the complaint were deep-seated in the
respondents physical constitution, and
then they argued and read Law back and
forth for a long time, for Mr.. McEnerney
objected, declaring the specifications of
incompetency named five years as the limit,
and what happened before that time was
barred.
The court limited the inquiry somewhat,
and Mr.. Delmas began again the soft ques-
tioning of the witness, dropping his earlier
history, thereby causing Mr.. Potter to
grow impatient, and directed his soft, in
sinuating questions to a more vital point.
"Mr. Potter" said Mr.. Delmas, "how
much did YOU owe the firm of Miller &
Mr.. Potter did not know-he would know
if he had the books.
The books were given him. He turned
the pages of the big ledger neryously. He
figured and looked anxious, evidently
wishing to give correct answer, but I'M
certain. He made it out something above
$4,000, then $5339 80 and then $4839 35.
He decided that the last was about right,
but that was his salary and house account.
The total Indebtedness was $3605 81.
The items were given. The first was
$23,947 06, which was labeled ''unac-
counted for"
A whole lot of embarrassing questions
were asked about this, but Mr.. Potter,
nervous and red in the face and moving
mitted that this represented money he had
collected during his active service with the
firm and had not accounted for.
Some of it he had used in the business
and some for himself. OF that part which
he used for the business he had lost the
vouchers, he said, and so all of it was
finally charged to him.
"When was this deficiency discovered ?"
Mr.. Delmas asked.
During Mr.. Lux's lifetime"
"When did 1t become known you had
collected that large sum without account
ing for it?''
it."
Mr.. McEnerney objected to this ques-
the five years limit.
Mr.. Delmas explained that it was his
purpose to show that the witness had col
lected this large sum OF money, spent it
himself and that it was never discovered
until January l, 1891, wien there was a
settlement.
Mr. Potter explained about the vouch-
arS--tnat two eYD ya1oyee Victor apd Waltar
Ladsley, had keys to his desk where he
kept the vouchers, that Victor had en-
beZzled about $1,000 of the firms money
and committed suicide in 1885, but had be-
fore that stolen ana destroyed the vouch-
ers.
No, he said he had never explained to
Miller personally about this matter, but
had to the Others. The deficiency was in
cluded in the joint note with his mother
covering the whole Indebtedness.
The next item was taken up. It was
labeled Occidental and Oriental account,
$3356 56. 1t represented meats sold the
Steamship Company for which he had been
paid and the sum not turned in to the
company. He had told Mr.. Rudolph about
this and it was charged to him.
What did you do with that money!"
81 loaned it to q man-and | was to turn
it into the firm when he paid me, but he
never paid.
The question as to the identity of the
man the witness baked at. He wouldn't
state it nor why he loaned it to him-it
was business secret. But Mr.. Delmas
insisted, and finally the witness said he
loaned it to the man ''for the good he
could do me in getting contracts He
never paid, and witness had to allow the
charge to stand against his own personal
Bccount. No, he never complained at that
TO Mr. Miller or any body, although it was
loaned for the benefit of the concern.
But that was a great wrong to YOU"
said Mr.. Delmas, full of sympathy.
1--WE object" cried McEnerney. "That