The herald., 1898-10-29
WANTS His PRESENTS
WAS MRS. DANNIN0'S "HoN-
pR1D" GUEST
PROTECTED Female SERVANTS
Claims That He Gave Plaintiff and
Her Family Handsome Presents,
Also Entertained Them

The answer of G. Wilson Porter to The
complaint fled by Mrs. Mary II. Banning,
in her suit against him for $2l0, alleged to
be due her for board and lodging, was filed
in Justice Morrison's court yesterday after
noon. In it the plaintiff says: =,
The plaintiff denies generally and specific
ally each and every allegation OF said COM
plant.
and as further defense thereto, defendant
alleges: ,o-
That on the 18th day of December, 1897,
and for some months prior thereto, plaintiff
and defendant were on terms of close friend
ship; that plaintiff was then woman OF
mature years, maintaining handsome es..
tablishment in the city of Los Angeles, and
was reputed to be possessed of such means
and of such reputed social position as that
defendant felt justified in accepting from
her an invitation to become her guest at her
said residence; that plaintiff did then and
therein invite defendant to become her
home, then and there to enjoy her hospital
ity and such food, attendance and necessaries
as would usually and ordinarily be furnished
by a hostess of unlimited means to an hon
ored guest; that defendant did then and
there accept said invitation and become a
guest of plaintiff at her said home; that
plaintiff then and there invited and urged
defendant to remain at her said home for an
indefinite period of time; that while the de-
fendant so as aforesaid, remained at the
home of the plaintiff, defendant was treated
by plaintiff and her servants, and by the
other members OF plaintiffs household, in
all respects as an honored guest; that there
was nothing in the conduct of plaintiff or
the said members of her household, or in her
attitude towards defendant, that in any
manner indicated to defendant that plain
tiff's said establishment was an inn or
boarding house, or that plaintiff furnished
food, attendance or necessaries for hire, or
as matter of business, either to her friends
or others, and defendant AYERS that he never
was informed by plaintiff or any other per-
son, either prior to accepting the said invi-
tation or thereafter while a guest at plain
tiff's house, that plaintiff conducted an inn
or boarding house or furnished food, attend
ance or necessaries for hire or profit, but
such facts, If they existed. were by plain
tiff concealed from defendant; that plain
tiff never intimated or in any manner indi-
Gated 10 defendant that he was expected TO
pay for such food, attendance and neces-
saries he received At her said home, and no
demand has at any time been made upon
defendant by plaintiff for payment of the
same.
Defendant further AYERS that there never
was at any time any agreement between the
plaintiff and defendant as to payment or
compensation for said accommodation.
a. Defendant further AYERS that while said
home of plaintiff, plaintiff announced
her Intention to leave the city Of Los An
&c es for short time, and invited and urged
defendant to remain at her said home until
her return and upon such invitation and re.
quest and at the request of the housekeeper
for plaintiff, defendant continued after
plaintiffs departure, at great personal in
to himself to remain at her
said home; that plaintiff and her said house
keeper urged that defendant would be doing
them an especial favor by so remaining, for
the reason that unless defendant did so re-
main the servants of the plaintiff, all of
whom were females, would be left entirely
alone. And for such reason defendant did
consent to remain until plaintiffs return,
occupying sleeping apartment at the home
of plaintiff, and taking his breakfast there,
but not otherwise enjoying the hospitality
of plaintiff during her absence as aforesaid.
Defendant further AYERS that after plain
tiffs return to her said home after her alb
sence as aforesaid, the friendly relations ex-
listing between plaintiff and defendant con-
tinued; that said friendly relations were
such that defendant spent large sums of
money in entertaining plaintiff and the
members of her family and spent large sums
of money in the purchase Of costly gifts,
presented by defendant to plaintiff and her
said family and defendant has in such man
ner expended money, largely in excess of
the amount demanded by plaintiff
Defendant further AYERS that had plaintiff
in any manner indicated to him that she
expected compensation for the food, attend
ance and necessaries furnished defendant,
defendant would not have accepted the said
invitation of plaintiff; but such invitation
was accepted upon the understanding that
defendant was to become guest of plain
tiff in such manner as is usual among per
sons of the social position of plaintiff and
defendant.
Wherefore, defendant prays that plaintiff
take nothing by her said action. and that he
has his costs herein.
Minnehaha has spoken. c. Wilson Porter
has answered. The captain crew. and boat
swain, too, and mate of the hanson cab has
hove to, cleared decks for action, Iashed
himself to his money and will do battle
with the Banning batteries. When Mrs
Mary H. Banning filed her complaint in the
suit against Porter for $2l0 alleged to be
due her for the board and lodging Of the
aforesaid Porter, the latter, through his at
torneys, Messrs. Flint 4 Barkel. fled an
oral demurrer. In other words, lie tried to
do a Cervera and run away, but Justice
Morrison blocked him by overruing the de
murrer, and Yesterday Mr.. Porter's answer
was filed. The answer is as heavy with
words as Mississippi steamboat loaded
with molasses. Whatever Mr.. Porter may
be in private life, he is not man of few
words in law.
Hitherto it had always been supposed that
Porter was native of New York but, iudg-
ing from the court proceedings yesterday, he
must have some Missouri blood in him, for,
in addition to denying the lady's allegations
of Indebtedness, he made demand for bill
of particulars. In other words. he requires
that Mrs. Banning, the plaintiff shall file an
itemized account of his Indebtedness.
While there are many things in the an
swer to read and ponder over, two things
stand out prominently. One is that dealing
with. Porter's role of watchman and protect
or of womankind, and last, and more espe-
cially, his role of Prince Bountiful.
Both sides are silent on this last import
Banning; che will tell you ALL" "No, I
would rather not say anything on that
point" answered Porter; "evervthinp will
be told in court" Whether Porter intends
to swear out search warrant to find those
presents, and have them in court as ex.
hibits for both sides has not been an
nounced. 81 tell you how it is" remarked
well-known club man. Porter means he
wants those f1r,eeent he prornised {o <j,,a