The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-10-30
Henry Miller Perspired Under
Counselor DelmaS'
Questions.
DIRECT THRUST ON THRUST
The Cattle King Ever Shielded Himself
Behind the Miller & Lux
Accounts.

Henry Miller, king of cattlemen, was on
the witness-stand in Judge Bucks court
at Redwood City yesterday all day long in
the suit to remove Jesse Sheldon Potter
as executor of the Lux estate. 1t is of
record what a trying ordeal Jesse Potter
has already passed through under the
merciless questioning of Counselor Delmas.
During the morning the same fate befell
Mr.. Miller, and he parried, lodged and
writhed in his chair under the terrible fire
of questions. The perspiration literally
streamed down his face. To be sure, he
also was a good fighter, and, like a wild
and magnificent steer, such as might be
common on the great Miller & Lux ranges,
he would from time to time pull himself
together and, with lowering head, def
antly charge back upon his pursuer, but
only to become tangled in the coils thrown
out by the skilIful vaquero and go rolling
in the dust.
During the afternoon, however, Miller
showed his staying qualities. He proved
that he could outlast and absOlutel Y wear
out his tormentors, and Mr.. Delmas, Judge
Buck and all the attorneys breathed a sigh
of relief when, at 3 30, the ad jOurnment
was taken and Miller stepped down spryly
from the stand.
Mr.. Miller stated quite early in his ex-
animation that he had never denied the
right of the estate of Charles Lux to one
half of the Miller & Lux property; that he
was willing to consent to a distribution on
that basis now; that Mr.. Delmas could
draw up papers to that effect and that he
would sign them, prOYiding-a q
saving clause with the witness-that he
was allowed time to examine the accounts
and see that they were correct. He wanted
them explained to him before his final
tx-aG 10 Mt fn hn
present, yet his business kept calling him
away.
Very we'll" said Mr.. Delmas, 1--WE will
take you at your word. Now do you
mean to say that if this suit is dismissed
you will consent to a division of the prop
erty of Miller 81 Lux in the same manner
as at the recent sale before referee-that
you Will appoint one commissioner, the
other side one and the two to appoint a
third commissioner, 20 distribute the
property l will present you with such q
paper to-morrow-will you sign it?"
Here the witness lodged. He wanted
10 retain nominal control and to conduct
the business until it could be closed to ad-
vantage-until the property could be sold
at what he considered a fair price.
Then Mr.. Delmas fired whole string of
questions: DO You want the business to
90 on forever? What is there to prevent
division of the property at the present
time? Will you agree to division of the
property tO-day?'
Internationally"
well, what are your conditions?"
THAT my accounts with the firm OF
Miller & Lux shall first be brought to a
close and the whole business then be closed
according to what the books show"
''Why don you make out your account?
What has prevented your doing so during
the last nine years."
because no one ever demanded such an
account-nO one except YOU"
What Is the account?'
"The books will show it."
And so it went thrust after thrust,
Miller always lodging, always trying to
avoid the fatal question that might entrap
him.
During the day there arose a sharp con-
flict between the different attorneys as to
just what Judge Spencer had said in the
conversation at Mr.. Miller's Office in San
Francisco, in which both sides made charges
and counter charges Pinned down to the
question what was Judge Spencer there
for-what did he Want-Mr. Miller
answered that his principal object seemed
interest in the Miller 81 Lux estate? Wit
ness also stated that he had received sew
eral such advances from various sources.
but would never entertain them.
All the afternoon was consumed by Mr.
Delmas IN lnquiring from Mr.. Miller about
various accounts, loans, figures, stocks
and interest items that have already been
reported. But Mr.. Miller was equal to the
occasion. His haven of refuge was behind
the Miller IL Lux books. Did the books
show 1t, it must be SO. And whenever he
could not explain-why, 1t would all be
found in the books.