The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-01-08
Miller & Lux Check Given to
a San Francisco Woman
by the Executor.
SHE REFUTEs HIS TESTIMONY
He Had Sworn That Ranch Employe
Received and CaShed the
Draft.

REDWOOD CITY, CAL, Jan. THE
suit for the removal of Jesse Sheldon Pot
ter as executor of the Charles Lux estate
was closed about month ago, and since
that time the decision of Superior Judge
Buck has been looked forward to with con-
siderable interest. There were MANY spec
ulations as to just when the ruling might
be expected, although from the very be-
ginning Judge Buck has held that he
would be i'll no hurry about it. 1t now
transpires that the case may be reopened
II circumstances demand such course.
4 few days ago, on application of D. NJ.
Delmas and J. H. Campbell, attorneys for
petitioners in the suit to remove Potter,
Judge Buck permitted depositions to be
taken in San Francisco collaterally and
simultaneously with the dispositions taken
in the case of Miranda W. Lux, deceased.
1t is said that E. S. Pillsbury, of counsel
for Potter, came to Redwood City the next
day and labored long and earnestly with
Judge Buck to induce him to recall his
permission TO take testimony in San Fran
cisco, urging that the case had been duly
closed and should not be reopened. But
Judge Buck was proof against Attorney
Pnlsbury's eloquence, and the taking of
dispositions proceeded.
Yesterday County Clerk J. F. Johnston
OF Redwood City was summoned to San
Francisco and was called upon to produce
the check for $500 drawn by Jesse Potter
on the firm OF Miller e. Lux in favor of
John Brown or order, and Endorsed 'E.
Marchand.' That check was an exhibit
in the recent trial against Potter to cause
his removal as executor of the Charles
Lux estate. In the recent trial Potter tes-
titled that John Brown was 2 roustabout
employed at Baden, and that Brown after
ward went into the interior and returned
payment of the check by cash remit
lance sent throu Wells, Fargo & Co. S
express. The testimony yesterday, how
ever, IS said to conflict materially with the
story that Potter told on the trial. 1t was
to the effect that a woman witness testifi ed
thai Potter was on a visit to her house in
San Francisco, where he called for pen and
ink and drew the check, telling her not to
present it in person, whereupon she got E.
Marchand to indorse it, and the check was
afterward cashed by Miller & Lux.
Il is believed that this testimony is a
serious blow TO Potter's chances for
favorable decision in the removal suit
For two or three days there has been
noticeable fitting to and fro OF the .vari-
Gus parties interested in the outcome of
the litigation, and there is vague whis-
pering in Potter-Lux-Miller circles that
the speedy resignation of Jesse Potter is
the most probable solution of the whole
matter.
On several occasions during the recent
removal suit Attorney Pillsbury main
tanned that the attempt was being made
by the prosecution to draw from Defend
ant Potter's testimony to feed the Miranda
Lux litigation. The situation to-day is,
that testimony brought out in the Mi
randa Lux matter may also be doubled up
on Potter to try and accomplish his down.
fall