The San Francisco call., 1896-02-21
JESSE POTTER
REMOVAL SUIT,
A Motion to Reopen the
Cause Is Denied by
Judge Buck.
A SENSATION IN COURT.
Potter Held to Be Guilty of Per-
jury, but Competent to Act
as Executor.
ORDERS ENTERED BY THE CLERK
There Is Now No Straw to Indicate
How the Litigation Will
End.
ORDERS ENTERED BY THE CLERK

REDWOOD CITY, CAL, Feb 2o.-The
Potter removal suit was before Judge
Bucks court again to-day on a motion
made by ]. H. Campbell, attorney for the
German heirs of the Charles Lux estate,
to reopen the cause for the hearing of
further testimony. Mr.. Delmas, who is
associated with Mr.. Campbell in this suit,
was absent, and so also was Mr.. Pillsbury,
senior counsel for Jesse Sheldon Potter.
Mr.. Campbell, in support of his motion,
wished to present the dispositions taken
relating to the Sadie Young incident and
the John Brown note, but Mr.. Campbell
was interrupted by Mr.. McEnerney, who
stated that he would object to the hearing
of the motion, his contention being that
the ten days notice of filing the motion,
as required by law, had not been given,
and that counsel for plaintiff was evil
IDENTIFY laboring under the idea that five
days notice was sufficient, as would be the
case if service had only to be made in the
same county in which the suit was
brought.
Mr.. McEnerney further argued that an
other motion covering the same matter
was already under advisement, and that
under sections 1S2 and 1873, Code of Civil
Procedure, only one opportunity could be
taken to secure the relief that was desired.
The facts were, that on last Thursday a
motion was made to reopen and introduce
new evidence; an objection was made
and the matter was taken under advise
ment; on the same day scheme was de-
vised by plaintiffs to introduce the depo-
sitions in another manner, and it almost
amounted to contempt of court. Under
any circumstances, Mr.. McEnerney said,
they had not received the ten days notice
required by law.
Mr. Campbell therefore glanced through
the codes, and said yes, they had acted
under the assumption of a five days no.
tice, and if ten days were required he
might as well stop right there. At the
same time, the notice was an oversight
that had occurred in the routine OF Office
work and without his knowledge. He
suggested that the matter might be COW
cred by filing brief
Judge Buck interrupted Mr.. Campbell
and said that the filing of brief would
not be necessary. He should not grant
the motion anyway, and the question was
not debatable even.
Mr.. Campbell said that, unfortunately
Mr.. Delmas was absent, and that as it had
fallen upon Mr.. Delmas to conduct the
case, he hoped that an opportunity would
be granted for Mr.. Delmas to be heard
and that Mr.. Delmas would not be FORE
closed.
Judge Buck stated that he should not
consent to reopen the case. He held that
Jesse Potter had committed perjury, but
he thought with Mr.. McEnerney, that the
opinion of Judge de Haven was good,
wherein the latter held that because per-
son has committed perjury, it does not
disqualify him to act as an executor.
This ruling came as peal of thunder
from a clear sky, because when Judge
Buck announced last Thursday that he
would hold that Jesse Potter had commit
ted perjury, it was taken as an indication
that Jesse Potter would be made to suffer
accordingly.
At the above point in to-day's proceed
ings Judge Buck directed Court Clerk
Schaberg to enter the following orders:
"In to-day's motion to reopen the Potter
removal suit, Mr.. McEnerney's objection
sustained and motion dismissed. In the
motion to reopen made February 13 and
argued by Messrs. Delmas and McEner-
ney, motion denied"
| To-day's action throws an element of
uncertainty about the Jesse Potter litiga-
ton, and there is now no straw to indicate
which way the decision may go. The
naming of Jesse Potter's successor is The
hone of contention. The various Charlie:
Lux, Jesse Potter, Miller & Lux and out
side interests appear to be pulling togeth
er, but in opposite directions, in hope oil
securing the prize.
The ninety days time within which &
Superior Judge may render decision doe:
not expire in this instance until about the
middle of March.