The San Francisco call., 1896-02-17
The German Heirs Object to His
Appointing His Own
Successor.
WEIGHTY POINTS TO CONSIDER.
Messrs. Campbell and Delmas Sup.
posed to Be Masters of the
Situation.

REDWOOD CITY, Call, Feb. 16.-Jesse
Sheldon Potter's condition at the present
time, so far as his executorship OF the
Charles Lux estate is concerned, is very
peculiar one. 1t is almost certain that his
resignation as executor has been rendered
to Judge Buck, but that no official action
has been taken for the reason that the re-
signation must first be accepted by the
German heirs of the Charles Lux estate,
through ]. II. Campbell, their counsel,
with whom b. Nj. Delmas is associated in
the suit against Potter.
The probable resignation of Jesse Potter
was outlined several weeks ago in an arti-
Gle published in THE CALL. when it became
known in a quiet way that Potter had
committed perjury in testifying to the
John Brown $500 draft and it is reported
that several days ago Attorney e. S. Pills
bury sent in Potter's conditional resigna-
ton to Judge Buck, the condition being
that Potter's attorneys should name his
successor.
1t is said that upon receipt of this sug-
gestion Judge Buck made break for the
telegraph office and notified Mr.. Pillsbury
and afterward his local representative, Mr..
George G. Ross of Redwood City, that he
was not running a brokerage Office and
that the matter as represented would not
be considered.
On Thursday last, when Messrs. Camp
bell and Delmas appeared in court to
make motion to open the dispositions re-
lating to the Sadie Young incident, out of
which the perjury charge against Jesse
Potter grew. Attornev Z. S. Pillsbury was
conspicuous on account of his absence. In
his place Attorney Garret W. McEnerney
conducted Potters case, and claimed that
the perjury charge was not an issue in the
Potter removal suit, and that even the
truth of that allegation could not affect
his client.
D. NJ. Delmas, on behalf of the German
heirs, contended otherwise, and insisted
upon opening the depositions, but Judge
Buck refused TO grant the request of coun-
sci for the time being, and took the mat
ter under advisement, but said that n his
final decision he should hold that Jesse
Potter had committed perjury.
On the following y-Fridav-Messrs.
Delmas and Campbell made new play bv
filing notice of a motion to reopen the Pot
ter trial on February 20. All the dam
aging dispositions relating to the Sadie
Young incident were filed at the same
time, and thus made part of the record.
On Friday, also, there was great COM
motion in Redwood City. A couple of the
Lux heirs were in town, and an effort was
being made TO reach their attorney, J. II.
Campbell, by telephone, in which, how
ever, they were not successful. James d.
Byrnes OF San Mateo, who is said to be
looked upon with favor by the German
heirs as Jesse Potters successor, was also
in town all day in consultation with his
own attorney. 1t was reported that Pot
ter's unconditional resignation as executor
had just been received, and that it only
needed Attorney Campbell's acceptance,
when Mr.. Byrnes would be appointed in
Jesse Potter's place and Immediately
qualify on his bond.
But just here hitch occurred. There is
such thing as parceling out the plums of
q big fat estate in too much of hurry. It
is necessary to know where you stand. so
that the conditions upon which new ex-
ecutor will serve must be satisfactory to
the people who appoint him. He must be
hedged around with certain restrictions
Therefore it would not do to accept Potter's
resignation until all these matters were
nicely arranged. And there the whole
proposition rests.
If the reopening of the Potter removal
suit next Thursday should be insisted upon
by Messrs. Delmas and Campbell. one
theory is that the testimony introduced
might be placed in better shape upon
the records ana have bearing
on the various Miller & Lux suits now
being waged, including the accounting suit
against Henry Miller, the settlement of
the Charles Lux estate and the complicated
condition of the Miranda w. Lux litiga-
ton.
Messrs. Campbell and Delmas are lust
now supposed to be absolute masters of
the situation. 1t is possible that Potter's
resignation may be accepted and officially
announced on Monday, and again it NAV
be held in allegiance. The watchword
is. when Potter's resignation does come,
look out for the appointment of James d.
ByrneS.