Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1922-08-14
COMPLIANT FILED
AGAINST WHITNEY
Dancer Alleges Breach OF Prom
ise in Formal Action, Seeking
100000 Heart Balm
BABY MAY FIGURE IN CASE

BsIlston Spa, n. ". Aug. 14.-The
complaint in m action for 81 900 900
for breach 6f promise against Cornelius
Vanderbilt Whitney. son of Harry
Payne Whitney. was fled here today
by attorneys for Evan Burrows Fon-
taine. q dancer.
The complaint briefly charges that
Whitney began n courtship with Miss
Fontnine on May 10. 1919. which con-
tinued until October 2s. 1920, when.
the plaintiff asserts. he promised to
marry her three days later, but failed
to keep the promise. No details Of the
alleged courtship were given.
The papers were filed following an
application made Saturday to Judge
Borst Of Saratoga Springs. on an or
der to show cause why attorneys for
Whitney should not be compelled to
accept service of the complaint. At
that time decision was deferred until
September for the purpose Of giving
attorneys for the defendant opportunity
to obtain affidavits from Texas. where
Miss Fontaine formerly resided.
Affdavits relating to earlier efforts
to settle the action we're filed from
former Senator Edgar T. Bracket. for.
merly connected with the case. and
Charles Firestone. of New York. at
tOfneN Tor tne plnlantlH.
The latter asserted that arrangements
for o settlement proceeded to point
where Miss Fontaine Nrs asked to sign
an affidavit (which she could not
truthfuly make"
Senator Bracket in his affidavit said
negotiations were under way for a long
time with the understanding by the at
torneys that the defendant would ac-
Cept service Of the complaint if the pro-
ccedings failed.
With the filing of the complaint an
action that has hung fire for months
against the son of Mr.. and Mrs. Harry
Payne Whitney will he started for
mally. II was learned from attorneys
Yesterday that the defense will be that
Miss Fontaino was rightfully married
and living within the bonds of matri.
monv during the period she says she
suffered from Young Whitney's atten-
tiona and promises.
Both of the principals in the suit
are in California. Mrs. Florence F.
Fontain", mother of the plaintiff, is
on her way wost to Join her daughter.
has been called Cornelius Vanderbilt
Whitney. Jr, and is likely to play
prominent part in the breach Of promise
suit. The first hearing has been set for
September % nt Schenectady.
In March. 1921. it was rumored that
Young Whitney was married to Miss
Fontaine. He Indignantly denied the
report.
Miss Fontaine. who is n specialist in
exotic Oriental dancing. was born on
a plantation in Southern Texas twenty
three years ago. Her father was n cot =
tonSeed and oil man. She first did ball
room dancing and from this drftcd 70
the Oriental. appearing in cabarets and
in the "FollieS. II was at the palais
Royal that young Whitney first saw
her. according to the story told in the
she is filing. In March. 1919, ,
she was introduced to him at Mrs, W, !
X. Nandcrbilt's Bal Bleu in the Ritz
Carlton Hotel. In July. 1920. she Sc
cured an annument Of her We wcdding TO
sterling Adair, at the request of Mr..
Whitney. Sh" charges. Her baby was
born at tho Lying In Hospital on De.
"ombcr II, 1920. Adair was found dead
during the following year in Houston.
I"N. The corGner's inquest described the !
dea'h as suicide. bur Miss Fontnino ho. |.
li"ves her eX-huSband was murdered.