The San Francisco call., 1895-12-13

To show you the purpose OF Miller in making
these advances to Henry Lux, under the will of his
brother II is sufficient to call attention TO the fact
that Whenever Henry Lux has shown the slightest
opposition 10 Miller's designs, the supply has at
once been cut off. Tins happened, for the first
time When he undertook TO compel Miller to ac-
count. AS soon he did so, his allowance was
cut on. Mr.. Merritt said there were no funds.
when he undertook TO oppose, in the accounting
suit, Mlller's further expansion Of the business,
MS allowance was again cut Off Mr.. Nickel said
there were funds. When he commenced this
was again stopped. Potter said there were no funds
ALL TRUTHFUL MEN.
The great firm of Miller & Lux did not have
500 actually did not have it, because, OF course.
Mr.. Merritt and MIR. Nickel and Mr. Potter are
truthful men, who would not lie. They really did
not have $500 to pay the brother of Charles Lux
for his support under the Will of his brother, This,
when Miller admitted, upon the stand, thathe had
said he could pay $4,000 month to the German
heirs easily This. when he advancing to
Potter $4,000 week and $4,000 a month, and
$4,000 year for two years, to be spent in de-
in the bOmbastic acquisition of land and cattle!
He had not $500 month TO pay Henry Lux In
the line of the argument, bearing upon the ludfci-
ous use of funds TO accomplish his purposes, in
Vite your Honors attention 10 letter written by
Miller S Lux, that is signed by Miller Lux, but
actually dictated by }. Leroy Nickel Mr.. Henry
Miller's son-in-law and representative, TO Henry
Miller, dated May %, $780,
IL seems that at that time Henry Lux wanted
an advance OF $1000-a modest $1,000 for the Ger
man heirs-and that Mr.. Campbell, his and their
attorney also desired a payment of $4,000 on ac-
count of his fees. Miller q Lux, to wit Henry
Miller, speaking through j. Leroy Nickel, were
perfectly willing to advance this money, upon
condition that Henry Lux and James H. Campbell
should bind themselves 10 passive acquieScence in
the future and active ratification of the past acts
OF Henry Miller. This letter begins by saying that
the loan, if made at all, is to be made C pom the
basis OF a distinct and satisfactory understanding
that we (Miler I& Lux should not be annoyed any
further with threats OF litigation or demands for
unreasonable information" The threats OF litiga-
tion then pending. If your Honor please, was the
demand for these accounts, and the unreasonable
Information the demand for the same ac-
counts which very soon after was made in this
court
''Now is the time" the letter continues, "to take
a decided stand against any concessions or advan-
ces OF money uness. of course, the parties
py). The loan is to be made only influence
in the way of conciliating him, and is to be made,
provided they (the German heirs) Will sign paper
administration Tor any account surviving
partner; also that Henry Lux will likewise sign
an agreement in regard to the lease, both for past
and future, OF the Bloomfield farm" 0he Las
AnimaS lease, of which L have spoken to your
Honor, for that is the Bloomfield tarm3. me let
ter concludes, "unleSs we can surround ourselves
with complete safeguards against future annoy
ances, it would be worse than folly 10 continue
these advances of funds"
HENRY MILLER's CRY.
You must not annoy me is the cry of Henry
Miller. You must not ask me to account. You
must blindly accept all my past ana future acts acts.
1t is true you own one-fourth OF THIS estate; your
interest is worth from three and half to four
millions of dollars: have possession OF il; reap
from il. upon moderate estimate, S20O,0UU 10
S250,000 of profit per annum. Now, you want
$1,000, about one days income from your own
property. Very well, surrender then. Let me have
my own way for the balance Of this administra-
ton; sell yourselves for $1,000; bind yourselves
over your signatures that l may have my
way and YOU never win question 1t, that l can
plunder this estate at will, and YOU viii not COM
plain; that whatever do, you Will not come INTO
court and annoy me with demands for an account
ing. Do that, and you have the $1,000. But II
you don't it is worse than idle for you to expect
me to ct go the hold have upon you.
MilIer's attorneys-the Messrs Mastick, Becher
d Mastick-were singing the same tune call
your Honors attention to the letter letter to James n.
Campbell of date February %, 1892 and quote: !:
''Mr. TreadweH offered on our behalf that If You"
(vou, the attorney of the German heirs, James H.
Campoell), would waive the objections raised Dy
YOU TO the accounts" Ito wit, the accounts OF Mil
ier) "AIr. Miller would furnish money TO pay the
on your allowance for fees, and to keep up
future payments on the same"
You say these learned gentlemen, you Mt
CamnhelI as the attorney OF these parties in the
discharge of your solemn and sacred duty. have
filed in this certain objections to the account
of client, the surviving partner of Miller &
Lux, Henry Miller. Now, sir, understand that the
payment OF your fees is dependent upon Mr.. Miller
who holds the pursestring of this estate. But, If
you will prove renegade 10 your trust, if you will
prove traitor 10 your clients, II you VIII ABANDON
the legitimate objections to this mans account
which in the discharge of your duty you have filed
VIII permit the stream OF your fees interrupted
for awhile to flow on and guarantee its perpetual
and uninterrupted current for the future.
Is the policy indicated in these two letters aban-
doned9 Let me call your Houor's attention to the
letter of J. lie Rov Nickel TO MIR. HoltZscherer the
representative in Germany OF the German heirs
This letter is dated March 27, 1894. Mr.. Holtz-
scherer had doubtless compained-a very legiti-
mate comDlaiut-that seven wears had now elapsed
since the death of Charles Lux, that the German
heirs had received yet nothing and that it
would be but right 10 send them something out OF
the vast possessions which belonged to them. And
Mr.. Nickel answers;
"Remittances are to be made if we can arrive at
q satisfactory understanding, distributing the sur
plus every month among all those interested"
That is followed by Mr.. Nickels letter TO Mr..
Holtzscherer OF November J, 1894. He informs
Mr.. Holtzscherer that an agreement had been ar
rived at TO advance $4,000 to the German heirs,
and that the conclusion had been reached. when
Mr.. Campbell unexpectedly opposed and would not
give in 10 certain plans for the continuance of the
business which Mr.. Miller had in view. Mr. Nickel
says:
at may not be your wish policy todirect either
Henry Lux or your attorney, but we have only to
say, so long as this present policy is pursued we
must decline to advance any OF the heirs OF the
Lux estate single dollar. You will have TO wait
until all the legacies paid and the Indebtedness
due myself. Then whatever surplus there may De
in the business shall cheerfully turn over to the
for distribution, and you Will receive your
proportion IT, on the other hand the German
heirs desire 10 take businessiike and reasonable
view of the situation, and consent TO allow the
business TO be continued until the property be di-
vided we are ready to carry out our original nten-
tion OF RENTING TO all OF the German heirs stipu-
lated sum per month; that is, will send you at
once the sum of $4,000, and will agree to follow
this up by continuous remtttances OF $oOUO per
month";"
brlbe. That Interpretation obvious that j.
LIE Roy Nickel Immediately adds:
to give your consent that the business be con-
tinued, but merely state it in order that YOU may
understand that you win receive no funds in case
you see fit to sanction and approve the ruinous
and unbusineSsllke course advocated by your
attorney"
This is OF q piece with the other letters Like
them it says, in substance: DO what we want you
to do; surrender to our plan; give up your rights
and we Will dole out TO you from time TO time a
few dribets of the immense fortune which le-
ultimately belongs TO you, but which fate has
placed in our hands.
Having now, in these preliminary remarks
shown how thoroughly Miller understood the art
Of using money compel compliance to his WILL
we come to what chiefly interests us-the use he
made of money upon Jesse Sheldon Potter to
bring him into complete subsection
Potter had been turned out Of employment by
Henry Miller in May, 1898. His salary had been
stopped. The amended complaint in the account
ing suit against Miller sworn 10 by himself in
had become hostile. He had slipped from Miller's
grasp. He had discharged Milers attorneys
Mastick, Belcher & Mastick. He had employed a
firm of eminent lawyers, to wnom was added the
consummate ability and learning of Judge Francis
f., Spencer of San Jose Miller the storm
brewing. He saw that the era Of managing in his
own way had ceased, if this thing was to continue
He resolved to set about say IL with perfect de-
liberation il your Honor pleasehe resolved to set
about bring Jesse Potter back Into his clu tches
by the of money. be has succeeded He has
brought him back. He has done it by furnish
ing him, in spite of his mothers prayers
money to crafty his passions and pander to his
depraved appetites. 1t cost him about $4,000
to do il, IL is true but he has done IT, The
elimination took place time during
this summer at that time, as a result Of