New-York tribune., 1922-08-14
DancerWe edded,
Will Be Defense
I'm w hitrley Suit
Formal Complaint i'm Million
Dollar Breach of Promise
Case To Be Filed To-day;
Both Parties i'm the West
Boy His, She Declares
First Hearing of Suit Will
Be Held on September 25
i'm Schenectady Court

The formal complaint In the $1,000
600 breach of promise suit brought by
the dancer Evan Burrows Fontaine
agsinst Cornelius Vanderbilt Whitney,
which was referred to in court pro-
ceedings Saturday, will be filed this
morning at Ballston Spa, Saratoga
County. It will charge that her
eighteen-months-oi baby is the son
of young Whitney and that repeated
promises Of marriage were never full
tilled.
With the fling of the complaint an
action that has hung fire for months
against the son Of Mr.. and Mrs. Harry
Payne Whitney will be started for
Yesterday that the defense will be that
Miss Fontaine was rightfully married
and living within the bonds of matri-
mony during the period she says she
suffered from young Whitney's atten-
tions and promises.
Both of the principals in the suit
are in California. Mrs. Florence E.
Fontaine, of 1S1 Lefferts avenue, Kew
Gardens, mother of the plaintiff, is
on her way West to join her daughter.
Travelling with her is the baby, who
has been called Cornelius Vanderbilt
Whitney jr. and is likely to play
prominent part in the breach of prom
ise suit. The first hearing has been
set for September 25 at Schenectady.
First Summons Last June
As long ago as June, 1921. the Whit
aey lawyers accepted the original sum-
mons. 1t was first agreed that If
settlement with Miss Fontaine was not
C,xl1 of NJ
frm of Nicoll Annabie, Fuller & Sulli-
van. would accept. service. According
to Charles Firestone, attorney for the
dancer, the case dragged along without
any strenuous efforts being made in
the direction of settlement. Finally
the Whitney lawyers fatty refused to
reach an understanding, and they were
promptly forced into court by notice
Of a motion to compel them to show
cause why they should not receive no
tice of the complaint.
1t was this action that brought
James A. Leary into court at Saratoga
Springs on Saturday on behalf of the
Whitney interests. He was notified
tember to file affidavits. Efforts al
ready have been started to gather evil
dence in Texas, where Miss Fontain
was married to Sterllng Adair.
In March. 1921, it was rumored that
Young Whitney was married to Miss
Fontaine. He Indignantly denied the
report, saying:
at is malicious lie. I was never
even engaged TO her. have not seen
her in year and | never took her to
social or athletic events at Yale. l am
at a loss to account for the rumor and
the attacks on me, but | believe that
they are malicious in origin"
Father Denied Rumor
At that time his father, Harry Payne
Whitney, also denied the rumor that
the youth was engaged or married to
the dancer.
The suit was hurriedly pushed soon
after it was rumored that young Whit
ney would marry Miss Marie Norton,
daughter of Mr.. and Mrs. Sheridan S.
Norton, of $50 Park Avenue and Glen
Cove. L. l.. some time this autumn.
Mr.. Norton's comment when asked if
the suit would make any difference was
20 the effect that the engagement Of
his daughter and Cornelius Whitney
never was formally announced. Miss
Norton herself is quoted as having said
that it would make no difference, al
firm the report of her engagement.
She is a popular member of the
younger set.
Young Whitney. who is named after
the late Cornelius Vanderbilt, his
grandfather, was graduated from Yale
tbis year. He has inherited his
fathers love Of sports and is accom-
plished in horsemanship, polo and row.
ing. For time he was captain Of the
varsity crew. He is the youngest of
three children, all of whom will in
b. herit LARGO fortunes HE ara
Mrs. Roderick Tower. who was Miss
Flora Whitney. and Miss Barbara Whit
ney. debutante of last winter.
Specialist in Exotic Dancing
Miss Fontaine, who is q specialist in
exotic Oriental dancing, was born on
plantation in southern Texas twenty