The San Francisco call., 1896-02-14
The Check RtC
ruredH HIMSELF

the case. Jesse Potter is charged by the
attorneys for the petitioner, Henry Lux
with perjury. The affidavit of James H.
Campbell making this allegation was sub
mitted. backed by dispositions of Samuel
E. Beaver, c. z. Merritt, Edward Mar
chand, Fannie Haworth and Mrs. S. P.
Young.
Presenting these D. NJ. Delmas asked
that the submission of the case be set
aside, and that the cause be reopened for
the admission of the testimony.
The dispositions were under seal. This
incident of the alleged perjury attaches to
the $500 draft which figured in the case as
having been drawn by Potter in favor of
John Brown, roustabout, employed at
Baden.
The court wanted to know if the counsel
were merely anxious TO enlighten the
court, or trying to complete Its record with
the Supreme Court in view.
Mr.. Delmas said he hoped they would
not be obliged to go to the Supreme Court.
Judge Buck said that while he did not
propose to announce his decision at this
time he would find that perjury had been
committed in this particular
81 do not think any sensible business
man would loan $500 to a roustabout with
out some security" he continued. "l don't
that view Of it in my decision thus far. My
decision is not completed as yet.'
Garret w. McEnerney of counsel for
Jesse Potter demurred to the whole pro-
ceed1ng. He stated that as matter of
law the motion should be denied. An at
tempt was being made to tender an issue
which, if true, would not constitute a
ground for Potter S removal. He said also
that the offense occurred subsequent to
the commencement of these proceedings
and as such could not be introduced. He
claimed that there was no question about
Potter's business integrity and that his
veracity was not an issue.
D. M. Delmas of counsel for plaintiff
disagreed with Mr.. McEnerney and said
that the idea advanced by the latter was
certainly a most novel and startling
proposition-for a leading witness to con-
TESS perjury and yet deny the right of the
court to consider it against him. He con-
sidered the evidence material. An ad-
verse decision to either side would most
likely lead to an appeal. If the decision
was favorable it would strengthen their
position before the Supreme Court while
If the decision was unfavorable it would be
too late to ask that the evidence be in
troduced.
Judge Buck announced that he had
some doubts about his right to grant the
motion and he would take it under advise
ment.
Formal notice was served last evening
upon the defendant and his attorneys that
a formal motion will be made on the Goth
inst. before the court asking that the cause
be reopened and the affidavits and deposit
tions going TO prove that Potter committed
deliberate perjury in his story of the $500
draft.
On the stand and under oath Potter, con-
fronted with the draft made out in favor of
John Brown, said that Brown was roust-
hxv q
Baden and that he, Brown, had subse-
uuently, while he was in the northern part
of the State, sent the money back to him,
Potter, through Wells, Fargo g. Co.'S Ex-
press.
In going over the business in detail, Mr..
Deluas made the discovery that this draft
had really been made by Potter while he
was stopping in the disreputable house of
Mrs. s. P. Young; that she had endeavored
to get Edward Marchand, the caterer, to
cash it: that Marchand had taken it to
Miller e. Lux, and they. upon Marchand
indorsing it, gave him a check on the Cali
fornia Bank for the amount.
Following are the material points OF the
deposition made by Mrs. Sadie Powell
Young in answer to questions put by Mr..
Barnes:
What is your full name? Sadie Powell
Young.
Where do you reSldeG NC. olz SlocKton
street.
Is that also your place of business? Yes, sir
How long have you resided there? About
one year and four or five months
Immediately prior to your residing ana car
rying on your business at 312 stockton street,
where did you reside? No. 205 Post street.
Did you carry on your business at Zoo fost
street during your residence there? Yes, SIT.
Business of the same kind and character as
carried on by you at BIZ Stocktonstreetl les,
sir.
When did you begin to reside at 2o5 Post
street? IN 1892.
What month in 1892? to ok the mouse ana
opened 1t in March, 1892.
And how long were you proprietor OF that
house? About q year and a half, guess.
Do you know Jesse Sheldon Potter? Yes, Sir
How long have you known him? over TWO
years.
During the time you occupied the house 205
Post street was Jesse Sheldon Potter visitor
at your house? Yes, sir.
How frequently during the time you occu-
rliad 2Q5 street. Was Mr. Potter visitor at