Omaha daily bee., 1906-06-02
Attorneys Make Counter Charges OF
Fraud and Conspiracy.

NEW HAVEN, Conn, June 1.-Judge
William X. Townsend, in the united states
circuit court tUday denaea e ton for an
injunction against the National Irotting
association to restrain Ii from holding
meeting to hear the famous Major Deimar-
Lou Dillon case, involving the alleged drug
ging of the mare in the gold cup race At
Memphis in the fall of 1904 The decision
rendered at the close of rather stormy argu-
ments by counsel for the Memphis associa-
ton and the national body, Is victory Tor
the National association, which was &C
cused of conspiracy and treachery Dy ~
torney James MeaRher OF Chicago for the
Memphis association in closing argument;
Colonel P. p: Johnston of the National
association, who came here from Kentucky
to be present at the hearing, tonight SAID
that the date of the meeting of the associa-
ton to pass upon the case was not hxed;
He added that he hoped the matter would
be settled before the trotting season opens.
The meeting Of the National association
was originally called for May Is IN hexing-
ton, KY, but the Memphis association Sc
cured a restraining order resulting In to-
days decision. A replevin suit In conhec-
ton win the goid cup is now pen 40 c IN
York represented the Memphis Trottlng
association. Mr. Kearful made the opening
argument, declaring that z. f. Smathers,
owner OF Major Deimar. had conspired with
Spear the driver of Lou Dillon, and Trainer
Saunders for drugging the mare and said
that the Memphis association had evidence
in the shape of statements from Spear and
Saunders to this effect. He declared that
Secretary w. II. Gooher of the National
association had. with the knowledge of the
president of the association, gone abouN
the country securing witnesses to testify
in the Lexington hearing, under alleged
threats that II the testimony , not given
as the secretary directed expulsion from
the National association would follow.
Secretary Gooher according to the state
ments of the counsel, also instructed these
Adams, Mr. smather's attorney, and to
submit to an examination by him. Am
davits to this effect were submitted. Lewis
Sperry of Hartford for the National asso-
plaintiff be denied on jurisdictional ground,
stating that the Memphis Trotting associa-
ton was not member OF the National
association, for its failure to be reinstated
according to the rules of the association.
The allegation that Mr.. Smathers was a
party 10 the alleged drugging OF Lou pillon
was denied.
Mr.. Adams denied that an agreement had
been made between him and the trotting
association to examine witnesses sent to
him by Secretary Gooher.
Mr.. Meagher in his argument said that
the power of the National association had
been used to benefit MT. Smathers ana de-
clared that the crime which had been
perpetrated by the latter was as grosss a
one as was ever known in any sporting
event He declared that he would follow
the cup in every state in the union, no
matter how many attempts to prevent him
Judge Townsend in summing up the case,
said that the bill had been filed to prevent
the defendant from holding a meeting Of
tional association and the holding OF such
a meeting would cause, II was claimed, an
irreparable loss to the plaintiff, but he said
the expected finding by the board would
have any weight in the replevin suit in
New York which was for title, while any
action by the board OF review In rela ton to
the drugging of Lou Dillon would be on an
entirely different question.