The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1906-02-16
NOW 100000 SUIT
FOR DAMAGES limited
Excitement Over the Alleged
Dragging OF Lou Dillon
Grows.
sMArHERs coMPLAcEN1
Expert Veterinarian Says "pope" Story
Is Prepostsrous-seeretary Howe,
on the Other Hand, Says He
Has Proof.

New York. Feb. 15.-With h arrival
IA town of C. X. G. Billings from Chi
axo a report was started In turf cir
eles that a suit for 100000 damages
Tor the alleged d%rugging OF Lou Ollon
before the Memphis gold u race at
Memphis in October. 1904, was certain
10 follow the suit against Elmer p.
Snathers for the return OF the trophy.
Mr.. Billings refused to deny OK con-
arm the report OF q damage suit, n
Mr.. Smathers said he had never heard
Of It. The latter hooted at the idea.
he asserted that he would recover the
eup and expects to have 1t in his GUS
.ody no later than tomorrow.
els this suit against Mr.. Smathers
preliminary to an action for damages?"
Mr.. Billings was asked.
.I don't care to a anything OH that
mbject," was his reply.
us 1t true, as has been asserted by
smathers and his counsel. that o are
behind this action?"
II must decline to say"
Accused Not Worrying.
Mr.. Smathers said that he was in pos
Tim OF III charge that he conspired
with Edward Sanders and George
Spear. both we'll known drivers on the
Grand circuit.
when this case comes to trial." said
Smathers, 1.-The atfidaNits made by
Sanders and Spear will be torn to
khreds, and their statements afford the
sole ppor for the action against me
These men will be shown up in their
true character, and that should be sufti-
eient vindication for me"
DR.. Gill, the veterinary expert of this
sity, last night said: The story about
The drugging of h mare is preposter-
aus. in my opinion. 1t Is my firm con-
viction thai the use OF the eight-ounce
bag Of mercury, as described by San
hers in his. affidavit, would never have
produced the results credited to it. Tied
up in the rubber bag, as he swears 1T
was, it could not have acted as a cor
eosiNe poison.
.The most that bag of mercury could
done would be to act a. a violent
irritant. just as nv foreign body would
done. and h chances are about
4 thousand 10 one that the marc would
have been able to cxpel it.
Says Story ls Preposterous.
'In the meantime, its presence could
hardly have been kept a secret from
everyone in sight. for her actions would
certainly hav shown that there was
something wrong. The chances are
everything to smash. Several of the
reports. of the race said Lou Dillon was
suffering from what turfmen call the
thumps, a malady similar to hiccoughs
In q human being. and that would rave
been sufficient to stop her."
treasurer OF the Memphis Trotting as
ISOLATION at the time of the a C. be-
tween the mare and Major Delmar.
the smathers horse, is here to act for
the association ID h prosecution in
the suit against Smathers.
II am here to prove the truth OF the
opinion 1 formed or the day OF the
race between Lou Dillon and Major
Delmar," said Mr.. Howe. 1T was at
the finish of the first heat that 1 de-
there was something wrong. To
my mind there were Indications that
the mare had been tempered with. ]
took a secret vow then that I would
get at the truth of the matter. There
are many other turfmen who share my
opinicn."