The San Francisco call., 1895-12-13
SCORING A SPENDTHRIFT
How a Cattle King Obtained
Control of His Partners
Property.
THE GREAT MILLER & LUX CASE.
Millions of Dollars and Thousands of
Acres of Land in This State
Are Involved.

No more wonderful romance has ever
been woven by Alexander Dumas, Eugene
Sue or Victor Hugo than Attorney D. NJ.
Delmas exploited Wednesday in the court
room at Redwood City in his mastery
argument in the great Miller & Lux case,
involving millions OF dollars.
Fighting for the widow of Charles Lux,
whose all has been ieopardized by spend
thrift relative, Mr.. Delmas eloquence held
every one within the hearing OF his voice
spellbound for hours and clear into
the night. Not since the days of
Henry Edgerton has any argument
in a courtroom had such fan effect
and when it was over the listeners sat en-
tranced. wrapped in the ramifcations of
the story Just told them and through
which the capable barrister had led them
step by step.
1t was like the perusal of a marvellous
tale of wealth and wantonness. inter
spersed with pathos and sentiment, and
couched in such English as is seldom
heard in these days in any court
The CALL presents herewith the YER
batm report of Mr.. Delmas' argument:
Mr.. Delmas addressed the court as follows:
May it please your Honor, when some future
morallSt, deScantlng upon the vanity OF riches
and the emptiness of human ambition, shall
seek in the annals OF our Jurisprudence an eX-
ample 10 enforce his homilieS he viii find none
richer in illustration than that afforded by the
proceedings before the court. We have here
on the one side man already nearing the
limit OF human life still restless in the fever-
ish pursuit OF wealth-wealth which affords
him no enjoyment; the increase OF appetite
growing by what ii feeds on; the scope of the
horizon expanding the higher the ascent; the
means by which the pursuit is followed de-
stroying the possibility of enj joying the reward
On the other hand the sad lesson taught of the
rapidity with which the prodigality of descend
ants may in one lavish hour scatter to the
winds the boarded accumulations OF years
reaped by the patient toll and labor OF the an
cestor.
But ii is not from moral, but from q legal
aspect, that your Honor has to deal with these
questions. Moral considerations interest US
no further than in so far as they may affect
the legal rights OF others.
This is proceeding TO remove an executor
from office We admit at the outset that the
burden OF showing legal cause for that removal
Is upon US. As well remarked by my learned
friend at my left in an argument which,
though had not the pleasure of listening TO
II, read with renewed admiration of his
ability, his candor his power OF clear, orderly
ana torcIble statement the testimony is valu-
able only IN so lar as 1t relates TO three PROPOSE
uons, which he has thus stated:
The three grounds upon which it is urged a case
has been made these
First that the respondent is incompetent to dis
charge the duties OF his office by reason of want
second, that the respondent is incompetent to
execute the duties of his trust by reason ef i'm
Third, that the respondent and Henry Miller
have entered into a conspiracy 10 cheat and de-
fraud this estate and those interested in it,
The whole field of inquiry is thus clearly out
lined. The three propositions upon which
THIS case must turn are thus clearly and sue
cinctly stated. shall adopt those three propo-
s1uonS as the text OF what | have TO say and
shall follow, as my learned antagonist has
done, the order of the statement
THE QUESTION OF INTEGRITY.
will address myself first to the question of
lack OF integrity. Do We find in the respondent,
Potter, that lack OF integrity which disquali-
hes him from executing the duties OF this i'm
portant trust?
Who is Jesse Sheldon Potter? He is the step
son OF the deceased Charles Lux, the offspring
OF his wife by a former marriage. He is the
cousin OF the present wife OF Henry Miller,
with whom he spent the hours of his child
hood and boyhood, and the nephew of Henry
Miller's first wife, who was a sister OF his own
mother. He has been trained in business as
all inmate OF Henry Miller's house for eight
years when he was lad and by Henry Miller
himself He naturally glided from there into
the employ OF this large, wealthy ard influen-
tial firm, entering a mere youth and con-
tlnufng in more 'or less important capacities
up TO the present time.
In commenting upon the conduct OF Mr..
Potter and the actions of Mr.. Miller, as shall
do at some length, shall dc so in no offensive
sense, void OF any personal animosity against
these parties, and in the simple discharge of
an imperative duty, giving no more pain to
either party than the facts OF the case abund-
antly warrant.
say, then, at the outset, using the epithets
borrowed from Henry Miller himself, that for
five years before his stepfather's death. Jesse
Sheldon Potter was a defaulter and an en-
bezzler; that his defalcations and these en-
bezzlements commenced as early as 1882,
starting, as such things generally do, with
small amounts, increasing with varying tiuctu-
atoms as crime or conscience and remorse
alternatively had sway, until, at the death of
Charles Lux on the 18th of March. 1887, his
pilferings had amounted to the large sum of
$26, 900 and over.
charge of this gravity is not made without
reflection and dellberatfon and painstaking
and anxious examination OF the testimony by
which il is supported. That testimony reveals
the fact that during Charles Lux's lifetime,
Jesse Sheldon Potter occupied in the firm the
yery important position OF being manager OF
lis slaughter-houses and collector OF the
thousands and hundreds OF thousands of dol
lars from its customers. Neither Lux nor Miller
was aman OF letters. On the other hand Potter
had received certain modicum OF collegiate
education. He therefore, naturally discharged
important duties with reference to the Office
and the books OF account OF this firm.
DBFALCATIoNs MOST PROMINENT.
1t were tedious 10 go through the very num-
erous items which constitute these defalca-
tons. There are two, however which stand
out in bold prominence and with marked
features before our eyes, and to these two
shall address my remarks.
ne HISI Is Il COIlecilOu lnduP III OCTOBER ana
November, 1892, from the Occidental and ORR
entail Steamship Company amounting to thirty
three hundred and odd dollars.
This company was large customer of the
firm OF Miller d Lux, its purchases amounting
all the way from $500 TO $4,000 per mHth
The documentary evidence-the books and
vouchers-shows beyond question that Potter
collected from this corporation through D. D.
Stubs, their secretary, the sum of 1886 81
Cor meats delivered for the two months OF Sep
tember and October, 1882; that this collection
was made in two installments; that the pay
ment was made by Mr.. Stubbs in person to Potter
himself and made in coin and nos by check;
that this coin went into the hands of Potter the
collector Of his employers. Miller d Lux: that he
has never to this day paid this money over 10 its
owners; that nine years afterward, the matter
having lain hidden ana dormant during that time
he charged by Miller with the defacation and
then acknowledged it, giving his promssory note
for the amount, with interest from the date of col
lection to the date of the note, which the nth
of February, 1891.
If reasoning be the process of ascertalnlng the
unknown from the known we start out with firm
grasp upon this much knowledge. his we know;
this much is conceded. These circums stances stand
out as beacon lights by which, mariners,
TO determine our course through the uncertain iuc
tualions OF the sea of testimony which lies be-
fore
1t is admitted ny Potter that this money, though
collected by him, has not been paid over. HI was
ing answers:
"Q.-You had collected from the company
1886 81 for meats furnished 10 the steamers,
bV or under ordprS9 A.-YeS. sir.