The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-10-23

know that you borrowed that money tc
pay the expenses of this very proceeding
here in court?'
There was distinct pause of about five
heart-beats and then Mr.. Potter said very
| mildly:
mo, 1t was not"
IT was not, you say?"
mo, it was not"
was 1t required, then, to pay the ex-
penses OF some other proceeding in the
III atter OF this estate?"
All me lawyers on the other side cried
an oplectlon. The right to inquire about
anything in law outside of this case be-
came the fruitful subject of discussion.
LII deVolved upon Mr.. Delmas to show
to which he was drifting.
- don't object to indicate here the scope
OF this inquiry he said. 1--WE will show
mat the proceeding is preliminary to
osners that may get deeper into the affairs
OF tnese htlgants, but we wish to show.
ana we think we can show, that this re-
sspondent is but the nominal figure in
them and that Henry Miller is himself
Inc principal in these suits; that he is
furnishing the sinews of war for this re-
sponuent IN this case and for the conduct
OF others; we will show that the very
selection of the attorneys for the other
side was made in Henry MilIer's office.
hold that it is competent to inquire into
these things here and now"
Judge Buck decided that inquiry might
pe mace with this regard as to this case and
Tor y, that OF the Miranda w. Lux estate.
Inc question was put and the witness
answered 'No.''
Mr.. Pilsbury rose to explain that coun-
sci on the other side was also counsel in
the other case, and the evidence taken
mere could and no doubt would be used to
work their own ends in the other suit
I'VE have had an illustration of that right
mere he said. "Judge Spencer was
counsel for the witness in the suit for an
accounting. We have heard the testimony
ne gave In that suit in answer to questions
by Judge Spencer, his own counsel, read
mere to your Honor for the purpose of i'm
peachlng their own witness-practically
settlng trap in one case for him to spring
1t IN another, leading him down through
Inc valley OF death to his own destruction.
we protest against it.
MIR. Delmas, to enllghten the court, gave
a resume OF the pending litigation between
the parties, the suit for the contest of the
Will OF Miranda Lux and the suit for an &C
counting of Miller & Lux and the relation
snip OF the lawyers in them. Then he
turned upon Mr.. Pillsbury with regard to
MS reference to Judge Spencer, with q
sharp denial Of the insinuation. He said:
=, have known Judge Spencer for many years
de was on the other side in almost the first
lawsuit that 1 had the honor to try in the
courts, and have been associated with and
opposed to him in the trial of causes very many
tunes since. His good fame is fixed in the his
tory OF jurisprudence in this State. Whatever
may be said of his methods in the conduct of
case 1t Is the first time that have known
lawyer to have the temerity TO say of him in
the courts of this State that he was not abso-
lutely faithful to his client
He then went on to say that if Henry
Miller was permitted to carry out his
scheme he could shape the litigation to his
like and ultimately control the great es-
tate. the heirs to which had been waiting
for years for their own, even the widow
OF the deceased, he said, the titular heir to
millions, having died in absolute want.
The court allowed him to put his ques-
tons, and he asked Potter if Henry Miller,
now so friendly to him, lending him large
sums OF money to spend on his own pleas
ures, had not at one time called him an
embezzler, said he was no good, and de-
ciared that if he had his deserts he would
be IN San Quentin.
Potter said he never knew of it except
through Bishop, the attorney.
The examination of the witness will
continue to-day.