The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-11-23
TREADWELLO ON THE STAND
TeStifes for the Defense in the
Potter Removal Case at
Redwood.
He Denies That Henry Miller Caused
the Accounting Suit Against
Himself.

REDWOOD CITY. CAL, Nov. 22.-The
Potter removal suit took on new life to-
day, and every thing went with a rush.
Attorney McEnerney of counsel for Jesse
Potter conducted the examination of the
first witness, w. B. Treadwell, who is en-
ployed with the law firm of Mastick,
Belcher & Mastick. In the examination
of previous witnesses Mr.. Delmas at
tempted to maintain on behalf of the
prosecution that Henry Miller was instru-
mental in bringing the accounting suit
against himself, and that Jesse Potter was
used by him to effect his purposes. It fell
upon Mr.. Treadwell to produce the CORE
spondence between Mastick. Belcher g.
Mastick and J. H. Campbell of San Jose,
who represented the German heirs. This
correspondence was to show that Henry
Miller was ready to pay the legacies and to
settle the Miller & Lux partnership affairs,
but that it could not all be done at once, as
was desired by the Cam obell interests;
that Henry Miller was occupying conflict
ing positions, and that he must resign as
executor in order to continue as surviving
parter, and then close the accounting.
Mr.. McEnerney, for the defense, said
that Mr.. Delmas claimed it was Henry
Miller who had these proceedings brought.
This, Mr.. McEnerney declared was not
so. Mastick. Belcher & Mastick had even
told Henry Miller that he could not occupy
both positions, and that unless he resigned
as executor they could no longer represent
him, and until his resignation they no
longer did represent him. The evidence
seemed to cover all these points. and while
Henry Miller was making UP his mind
what to do Attorney Herrin was retained
by him and Mastick, Belcher & Mastick so
notified.
1t finally came about that Mr.. Miller did
resign as executor, and his resignation was
accepted in May, 1892, by the Superior
Court of San Mateo County.
Jesse Potter then brought the account
ing suit against Henry Miller on the adj
vice of Mastick, Belcher 81 Mastick, as
being the proper and necessary step to
suit, as inferred by the prosecution, and
over which Henry Miller had absolutely
no direction or control
All this evidence came fast and in a
steady stream from Mr.. Treadwell, who
made good witness with never halt for
dates, figures or words.
E. B. Mastlck was called later in the day,
and his testimony was on the same lines,
differing in no essential particular. Mr..
Mastick spoke highly of Jesse Potter. He
had met him great many times and
never knew him to be under the influence
of liquor. He said Jesse Potter was a man
of capacity and able to transact any bust
ness in the ordinary walks of life.
A. ]. Marcus of S. H. Frank &, Co., deal
ers in leather and hides, 406-408 Battery
street, San Francisco, said his firm had
business with Jesse Potter extending over
a series Of years and at times a!gregating
$12, 900 to $4,000 per month. He said
Potter was shrewd, careful business man
and that his firm always considered Pot
ter as practically being Miller g. Lux.
S. Cahen of San Francisco, tanner and
dealer in hides, had done business with
Jesse Potter for twenty years; had bought
hides, tallow and sheepskins from Potter,
and his yearly contracts with Potter have
run as high as $1,000 He said Potter
was good business man and that he con-
sidered him as such at the present time.
The defense will attempt to close its case
tomorrow.