The San Francisco call., 1896-02-14
time of the transactions to which they relateY

or bearer, $500 eight hundred dollars) value
received, and charge the same to Jesse S. Pot
ter. To Miller & Lux, 508 California street.
San Francisco Signed Jesse s. Potter and
stamped Miller q Lux Paid March IL, 1893.
Sen Francisco, CAL"
Do you recognize of what original this photo
graph ] now show YOU Is copy? (Showing.)
Yes, sir.
Is it copy of the draft which has been here
Of mrana ~
1, T. R. K, notary public, January 3, 1885,?
Mr.. PillsburY-I object to the question as
leading.
this photograph is copy OF.
OF this draft (showing)
By "this draft you mean the draft concern
ing which you have been testifying?
Yes, sir.
Mr.. Barnes-1 offer this photograph copy in
evidence, to be marked, "In the matter of the
estate of Charles Lux, deceased, exhibit 5, T.
R. K. notary public, January 9, 1896"
The witness was now cross-examined by
Mr.. Pillsbury.
What is your age, Mrs. Young?
Mr.. Barnes-That is objected to as incompe-
tent, irrelevant, immaterial and not cross
examination.
/ dom know that my age has nything to do
with the case.
The notary-You may either answer or de-
cline to answer.
| decline to answer
By Mr.. Pillsbury-You stated that before YOU
lived at 312 Stockton street you lived at 205
Post street and carried on the same business
as now What was that business? Lodging
house.
How long have you been in that busin ess?
Very near four years.
You commenced business at ZOo Post street,
did you? Yes, sir.
When was that? That was in 1892.
When did you first make Mr.. Potter's ac-
ouaintance? In November, 1892; the l4th day
of November, 1892.
How are you able to fix the date that he first
visited your house? decline to answer.
,lleh,,r Il hn1i fhQt fbA x-it
should answer the question.
the Notary-You can state if you get it from
your books, If you recolleet it. 1 remember it
by the entry on my book of some wine that he
Do you recollect it any other wayY No, sir
BY the entry on what book? My winebook
Is that your book which has been offered
here in evidence? Yes, sir.
| Will you show me that entry, please? Four
| teen bottles of wine he had that night.
| There is no name here, is there2 No, sir;
Is there any name at all in the book? No,
| sir.
| Is there any name anywhere in this book
| from beginning to end? No, sir; not in that
book Indicating book called Paid Wine
| Book'').
The name OF Mr.. Potter does not appear ON
this book at all, from beginning to end, does
| it? No. sir.
| the quality OF wine that he bought
On November ), of the same year, there is an
entry of eighteen bottles, is there not? That
is right; but Mr.. Potter is man you would
remember.
Who had the eighteen bottles? decline to
answer that.
You saw YOU remember that that was Mr.
Potter on account of the number of bottles. do
do you? Yes, sir.
That is the only way that you identify that
that was Mr. Potter on November ID, was by
the number of bottles, Isl That is ali
On the 5th of November there is an entry OF
eighteen bottles, is there not Yes, sir
To whom were those sold? / know, but de-
cline to answer.
You do know to whom they were sold, do
you?
tent, irrelevant, 1mmdterlal ana not proper
cross-eXaminatiOn.
decline to answer.
Mr.. Pillsbury-I ask to have the question
There has been put in evidence here page Is
of your book. which is called "paid wine
book" under the head of March. 160 bottles,
Were those all sold on that occasion2 No,
sir.
Take the date of March 8, three bottles.
Were those sold on that day? l had to make
up the $500, suppose. take what is owing
and count it up and make $500.
Then that $500 was made up not of any one
day, but of large number of days, was 1t
You did not sell any 100 bottles on March z,
1893 then? No, sir.
bottles Did you sell twelve bottles that day?
Yes, sir; have sold him twelve bottles in
day.
| asked you if you sold twelve bottles OF
wine on that day. Yes, sir.
Did you, on March 2, sell three bottles
Yes, sir.
Did you, on March 4, sell five bottles?
Mr.. Barnes-I object as incompetent. irrele-
want and immaterial, and not cross-examina-
ton; and furthermore as being misleading
and improper in form, in that the gentleman
asks If she sold five bottles of wine upon GER
tain day, which is apt to confuse the witness,
not calling to her attention the fact whether or
not it Is specific item upon the book to which
the inquiry is directed.
l don't remember whether / did or not.
The same objection was made. In this
way, statement by statement, the witness
was taken over the original ground under
cross-examination, how she kept the books,
and every detail of the transaction, with
out evolving any materially new point.
housekeeper for Mrs. Sadie Young at 3l2
Stockton street, and formerly at 205 Post,
stated that the draft in question signed by
Jesse Potter was given to her by Mrs.
Young with the request that she get her
husband to cash it. She gave it to Mr..
Marchand, and subsequently he or some
one in the restaurant gave her the cash,
$500. She gave the money to Sadie Young
Mr. Marchand in his. deposition tells
how he took the check to Miller g. Lux
and secured another from that firm on the
Bank of California, and e. 2. Merritt,
cashier for Miller & Lux, and Samuel E.
their part in the transaction as stated. Ali
these dispositions are in the hands of the
court, and it is the effort of the counsel for
the petitioner to have them made part
of the record.