The herald., 1898-11-01
BILL OF PARTICULARS
MRS. RAINING SPECIFIES WHAT
PORTER OWES HER FOR
BREAKFAST, BOARD AND BATHS
Forty-Two Days Of Eggs and Coffee.
Overworked Hens and Com
Portable Bath Tub

G.. Wilson Porter, the cluDman, mas peen
accused of bathing. This allegation was
made. yesterday in Justice Morrison court
by Mrs Mary ii. Banning, or, father, by
Ii. j. Mercer, on4 oil her attorneys. The
bill of particulars which was requested by
the attenuated clubman was filed by the
plaintiff in the now famous case OF Banning
VS.. Porter to recover $2l0 and in it is the
sensational and unexpected charge.
When the defendant filed his answer to
made for a bill OF particulars-in other
words, an itemized account of the alleged
Indebtedness of Mr.. Porter-and yesterday
the following document was filed:
. "In the Justice Court of Los Angeles .
city, county of Los Angeles, State of .
. California. Mrs. Mary Ii. Banning, .
. plaintiff, VS.. c. Wilson Porter, de- .
tendant.
"To defendant and Messrs Flint and .
Barker: In pursuance of your request .
for bill of particulars in the above en- .
titled action, we submit the .
following: That you are not en- .
titled to any bill of particulars in .
. this action, because the complaint .
. shows clearly what the items are, but
without waving our right to object to .
. giving any bill OF particulars, we submit .
the following: c. w. Porter to Mary .
. II. Banning, Dr., $2l0 for two furnished .
rooms and bath occupied by the defend .
ant and by his friend, Mr.. Won Spiegel, o
for fortytwo days, commencing on the Q
18th day of December, 1897, and ending
on the 23d day of January, 1898, togeth- .
. er with the use of the par
lor and sitting room tor
. defendant and his said friend, and the .
use of the sitting room and kitchen Tor
the servant OF the defendant, the use of
. said rooms, including the use of bath .
. room, with toilet articles and furnish
. ings, AZ meals, breakfast, furnished
. to defendant and Mr. Won Spiegel for
forty-two days, in all eighty-four single
meals, $40. Yours, etc.
Attorney for Plaintiff"
The document is brief and to the point
quite the reverse of Mr.. Porter's answer of
last week-but the bill of particulars is not
clear in one respect. 1t reads: &c. w.
Porter to Mary H. Banning debtor, $2l0,
for two furnished rooms and bath, occupied
by the defendant and by his friend, Mr..
Won Spiegel, for AZ days., etc. The document
fails to explain whether the defendant or
his friend occupied the bath for those AZ
days. Perhaps it was Porter, and he, de-
string to save room rent, utilized the bath
tub as his sleeping apartment and relin
quishcd the furnished rooms to his guest and
friend, Won Spiegel.
Another point, and very important one,
is whether the claim of the occupancy of
the bath is susceptible of proof 1t is one
thing to make such an insinuation against a
member OF the California club and another
to prove it. Astute attorneys, deeply
versed in all the ramifcations and curves of
the law, are of the opinion that this insin-
uation of AZ days occupancy of bath is the
weakest part of the plaintiffs case 1t is
probable that expert testimony on this
point will be introduced by the defendant,
tending to prove that his constitution would
be unable to stand such a severe strain
Witnesses for the plaintiff are likely to be
subjected to a searching cross-examination
on the bath issue, also
The defendant is also alleged to have con-
sumed AZ meals, and his friend, Won Spiegel,
AZ more. The average breakfast appetite will
require about three eggs, so if the statement
attributed to Mr.. Porter, that he was served
with nothing but eggs, be correct, this would
A good, able-bodied hen can produce one
egg day, so the constant attendance of six
hens was required in the Banning back
yard to contribute toward the Porter on
Spiegel breakfast. As all of their time was
thus occupied, and none of the hens was CIV
en- Sunday off, it will readily be seen that
they were forced to work overtime when.
ever there was a guest at the breakfast of
the two friends.
The parlor and sitting room were also
utilized by Porter and Won Spiegel, and the
sitting room and kitchen by the japanese
servant of Mr.. Porter-at least, so the bill of
particulars claims. For what purpose these
rooms were used is not stated in the bill
probably the document was too short for
elucidation on this point. This will no doubt
be brought out at the trial. and
all that now remains for the inside details
OF the affair to be aired thoroughly is for
Justice Morrison to set the case on his dock
ct for trial