The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-10-23
The CATTLE KING REFERS TO THE
RESPONDENT AS AN EN-
BEZZLER.
WHO WILL PAY THE EXPENSE?
ALLEGED THAT THE Big FIRM
WILL Foot THE BILLs-SHARP
TILT BY THE LAWYERS.

At the very last quarter of an hour of the
Miller-Lux-Po hearing at Redwood
City yesterday afternoon, Mr.. Delmas was
compelled to reveal himself to the other
side as being an opponent of theirs. 1t
was done with evident regret. Even while
stating in set terms that he expected, day
by day, as the trial proceeds, to do them
great harm, there was still an undertone
OF sympathy in it out OF keeping with the
harsh text of what he said.
Jesse Potter, for whose removal as ex-
ecutor of the Charles Lux will the proceed
lngs are brought, was on the stand all day.
All the morning Mr.. Delmas, as nice,
kind man who is only anxious to learn
things, had Mr. Potter turn over the leaves
of the big Miller & Lux ledgers, explaining
this and that in the interIinked accounts.
With every apparent disposition to be
obliging Mr.. Potter followed in the
labyrinth through which his questioner
led, though he was evidently in physical
pain and mental embarrassment
But the long series of direct questions
of the day before with the revelations they
made concerning his financial relations
with the big firm had left HIM little to fear.
Anything else that the books had to show
could only be corroborative and not worth
fighting: So he followed along meekly
and obediently, giving what information
he could.
At the beginning of the afternoon ses-
sion Mr.. Delmas abruptly left these dry
bookkeeping details, withdrew the techni-
cal question that was unanswered when
the recess was taken, and said:
We were yesterday asking about your salary,
Mr.. Potter. Before the death of Mr.. Lux,
March Is, 1887, you received, as you said. a
salary 5000 n month and cOOtinuad tn
ceive it for fifteen months after that date,
when Mr.. Miller conceived the idea that as an
paid a salary by Miller g. Lux, and you were
charged with the full amount you had been
credited for for those months-$150O. Is that
true?
At the same time however. in order that you
should suffer no financial loss by that trans
action, he decided to add $50 month to your
salary for the preceding years since 1882.
which amounted to just 1928, or sos more
than had been charged to you in the other
transaction. Is that true?
Yes sir.
Then OH the 31st OF October, 1890, Mr.. Mil
Ter conceived still another notion that you
were in fact entitled after all to a salary as an
employe of the firm despite your Office as exec
utor, and he credited you upon the books with
sum to cover all the period for which it had
been taken away together with the interest on
that overdraft OF yours, making altogether
S10,922 go. Is that true?
Yes, sir.
How did this proposition about the salary
come about did you know it was to be given
you?
Oh, yes, knew it. 1t was arranged with
Mr.. Miller and Mr.. Nichols.
Who suggested it?
1t first came from the lawyers ofice-Mr.
Mastick suggested 1t.
You remember the lease of the Las Animas
ranch by Mr.. Miller to the firm of Miller & Lux
for $4,000?
Yes, sir.
AS executor of Mr.. Lux's estate and repre-.
sentlng the interests OF the heirs you assented
to that, did you?
Yes. We had little dispute about it.
What was the dispute about?
He thought was charging him too much for
the rent OF Buri-Bur:, Mrs. Lux's ranch, and
not allowing him enough for Las Animas,
which was his.
And how was the dispute settled You con-
sented to the increased rental?
Yes.
Now how long after the date on which Mr..
Miller credited you on a the books with your
to the terms OF this lease to the firm of Mr.
Millers Las Animas ranch at $45 900 year?
Well, that lease has nothing to do with my
salary.
Why do you say so-why do you couple them
together, then?
Because you speak of one in connection with
the other.
There was brief consultation between
Mr.. Delmas and Mr.. Campbell and Expert
Accountant Reynolds, who has been
buried for months in these books and
knows every uncrossed "t' or undotted 'i''
between their covers. sits constantly at
the elbow of Mr.. Delmas ready to explain
every eccentricity of the accounts. Then
Mr. Delmas said:
understand that there Is contract for this
rental OF Las Animas, bearing date ten DAYS
after that restitution of salary. Can't we have
that contract?
You can have ANYTHING we have, Mr..
Delmas," said Mr.. McEnerney. This is the
UrSt we knew wanted it ia harp
You left the employ OF the company May 81,
1928? You began borrowing heavily from Mr..
Miller during the next few months, did you
not Mr.. Potter2
The books will show.
Mr.. Delmas began reading the account
running from June to October 10, 1898,
period OF five months, the borrowings in
which footed up $13369 Is, at the rate of
$l25 day. Some other borrow ings from
Henry Miller during the succeeding month
1899 Is.
From November, 1893, to November
1884 ls the borrowings were found to foot up
Then Mr.. Delmas resumed with kindly
concern:
How did you dispose of these large sums of
money In so short time? Did you engage in
you said.
81 spent it," said Potter, simply. and
frankly, as though he was speaking OF the
purchase OF box of strawberries.
You dld not speculate with it?
NO, spent it on my own pleasure.
Then Mr. Delmas began to so into the
details OF the account. There were livery
bills and doctors bills and horse-training
and boarding bills. There was one bill of
SLIGO to the proprietor of a roadhouse, the
Eourteen-mile House, otherwise known as
Uncle Toms Cabin.
Mr.. Potter said he went out there
frequently and boarded there for time,
the bill was all right.
Did you keep any account OF these
borrowing and spending of money! was
No, sir.
Again Mr.. Delmas asked the witness to
explain the nature of his expenses not
revealed by the book.
spent the money for my own pleas
ure, SAID the witness again.
linen there was note for $11 900 given
10 MI, Miller October II, only a few days
ago. Mr.. Delmas wanted to know about it.
Mr.. Potter explained that he had taken
up another note with it and three due bills
from from Mr.. Katz. One of them was for
$ iooo, dated four weeks ago; another for
Slooo, week later and another for $1,000
week ago.
a,