New-York tribune., 1906-12-06
Mr.. SMATHERS UPHELD.
GOLD CUP CASE OYER.
Trotting Board of ReUieSo Says the
Race Was Won on Its Merits.

After an executive session lasting less than
fifteen minutes at the Murray Hill Hotel yes
terday the board of review of the National
Trotting Association dismissed the charges
against z. F. Smathers and found that tho
Memphis Gold Cup race was won on its merits.
This decision in the now famous
reached after mass Of testimony had been
heard and considered by the board. The prompt
action in dismssng the charges appeared TO
meet the approval Of the many horsemen pres
ent.
The race for the Memphis Gold Cup de-
cided on October Is. 1904 Mr smathers who
race was alleged 20 have been cognizant of the
doping" of Lou Dillon, which caused the mares
withdrawal from the race, and the winning Of
the 5000 cup 10y Major Delnar.
Mr. Smathers present when the court
opened, and with him his lawyers. ]. J.
Adams J. s. Wise and Edward p Coyne of this
city. and Carruthers Ewing of Memphis. Tenn.
AIillard Sanders, former trainer of Lou Dill
Ion. averred in an affidavit to having had before
the Memphis meet a number of conversations
with Ed" Sanders. a racetrack follower. who.
he said. made propositions for the doping of the
mare. saying that he C'Ed'O thought that 81 900
or $1,000 could be got out of Mr Smathors.
Il would not throw Lou Dion's chances in the
race for all the money IN the world Milard
Sanders swore he replied He declared Ed
Sanders swore later that Mr.. Smathers had re-
neved his offer of 5000 and no more"
Millard Sanders then told of the race in
which he said that during the first heat Lou
Dillon developed a severe case of thumps that
she was brought around to the judges stand.
and that there she was examined by DR. Sheiher.
a veterinary. and II was said by him that the
mare might drop. she had been in good condl-
inst bpfO Tho oil -irl7+
days afterward
Eddie Malloy stableman. in an AFFIDAVIT
that he saw Mailard Sanders administer
something to the mare out of bottle An affi-
davt was also read signed by George Spear,
training then for Mr.. Srna theirs in which he
swore he had instructions from Mr. Smathcrs to
undertake such negotiations as would insure
the race to Major Delmar."
c. *. G. Billings, who owned and drove Lou
Dillon. was not present, but an affidavit was
read in which he told about the condition of the
mare before and during the race
John s Wise, of counsel for Mr.. SUathers
cross-eXamined Spear, and after mixing the wit
ness up somewhat as TO dates subjected him to
a gruelling questioning on his past record. He
got from Spear an admission that his affidavit
IN the case was secured by meeting Murray
Howe. of Memphis, in Chicago. hv appointment
and that Mr. Magher, Mr.. RilIingss personal
signed.
III ,'eleIce d hunlber OF witnesses testified
for Mr. Smathcrs. Dr. Julius w Schneider
veterinary. who examined and treated Lou Dill
lon after the race said ne did not believe the
mare was doped. and that mercury could not
cause the condition termed thumrs. He said
that he had tried many experiments since TO
determine If the doping. charged. could have
occurred. and was satisfied it could not. An
afidavit was read from Edward Sanders. in
which he denied the terms of his former affi-
davits and stated in part
That the said charges are wholly and abso-
iutely untrue and without foundation: that de-
ponent never had any conversations or negotia-
uons with said Smathers with reference to the
stopping OF Lou Dillon in said contest by dope
or any other means whatever. nor did he ever
receive one cent from said Srnathers for said
purpose"
view of the case. and intimated that some steps
might be taken later against Mr. Billings and
Murray Howe. He said. in part:
There are two differences to be mentioned in
this case. One of them is the innocence of Mr.