The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-05-02
MEMPHIS GOLD CUP CASE.
HOWE NOT READY 10 PRESENT
HIS EVIDENCES or FRAUD.
A Further Postponement Refused by the
Board Of Review and Hearing set for
TO-mOsrow-SmIthers Eager and Ex.
pects TO Win a Verdict by Default.

Murray Howe and the Memphis Trotting
Association will have TO prove the charges
OF fraud against l.. F.. Smathers relative to
the gold cup race before the board OF review
tomorrow morning. They are not prepared
to go to trial and will appear AS reluctant
litigants. The preliminary hearing yester.
day was enlivened by a personal appeal for
speedy justice from Smathers and by many
tits between the lawyers.
There has been nothing In the charges
but windjamming by Murray Howe. de.
clared John S. Wise Of Smathers's counsel.
Now we ask for facts. We ask when. as
we'll as how. where. as we'll as how! So far
1t has been Howe and nothing more. Sc.
riously. Howe's complaint is as vague as
human language can put II. mere neighbor-
hood talk.
With Wise for Smsthers we're J. J. Adams
and L. p. Coyne. Murray Howe had as
attorneys John NJ, Cloonan OF Parker, Shee-
han 4 Hatch and Gen. BENJAMIN F. Tracy
az counsel.
Major Johnson presided at the session
of the board, held as usual at the Murray
Hill Hotel. the others being w. r. Allen,
ST. Louis: j. c, Welty. canton, Ohio; c. d.
Palmer, Lowell: II, y. Balm. Pou ghkeepsie,
and the secretary, VII. Goeher. Hartford,
II. X. Devereaux. Cleveland, d. j. Campau,
Detroit; David Bonner and thirty or forty
more horsemen were crowded into the trial
room. A judgment by default may be en-.
tered tomorrow for Smathers. Cor Gen,
Tracy Is absolutely upprepared 10 go TO trial.
Moreover, 10 bring out what evidence they
nav have at hand and So disclose the facts
TO the Sniathers faction, does not suit Murray
Howe and the Memphis Association before
the case comes. up III the New York supreme
Court, As matters stand, unless the board
grants an eleventh hour adjournment to.
morrow. Smathers VIII YIN the first skirmIsh
IN the litigation. should the compliments
0DDeaT al All. III Gen. Tracy has anything
up bis sleeve he evidently intends TO keep
II there for the present.
once. regardless Of their tugs on his oonttails,
butted In with n personal statement TO the
tuhity TO deny every charge of fraud in every
detail, no matter n what form presented OK
words, CIR &. Billings. president OF the
Memphis TrottsnS Asssoc iati9n, Who drove
TONED only once more during the day, and
then nadyertently ~ Mr.. Melty IN announc.
time to say Murray Howe.
The morning session was n spnrrlng for time
by Gen Tracy. WITH yisorods counters and
tactician. to toe the mark Gen. Tracy
wanted the board 70 rostpono in . proper re.
ssPP r. Sa for y ths sTSsssainSS su nq~ aI sen Sea sus y
the board would be then IN 9 better posltion
70 try the csss; as I you'd hsns at hand
the court could compel 10 attend Further.
more, as Murray How had. only arrived from
California that morning, Gen Tracy said that
the complainant needed more time 70 collect
his evidence and bring together his witnesses,
He had met Howe for the first time thst
j. j. Adams. for smathers. begged an i'm.
mediate hearing, Mr.. Adams then read
Howe's letter asking the board to act. IL
was. addressed 10 Major P. p. johnson, and
read
Having investigated end sscertained 10 my
satisfaction that a gross fraud was committed by
certain parties In the race between Major Delmar
with Lou Dillon with intent TO stop her IN said race
and that said fraudulent interference was OF the
instigation Of one F. T. Smathers, !, In behalf OF
the Memphis TrottnG Association, respectfully
ask that your board hear thc evidence and punish
the guilty parties,
we shall ask that this be made more def.
mite continued Mr., Adams. In the civil
case specific charges OF drussinR and dis
There is then no Gaze before this board2"
asked Gen. Tracy. DO ] so understand it,"
The general charge Of .tamperlng. and
fraud ia specific enough" broke in Major
The board considers this a suf-
f1clent cause of act ions'
Mr.. Adams closed by asllng that his client
receive an opportunity 10 disnfove the mon
zen. Tracy, in rebpttal repeated his, plea
the true evidence eliminated and restrained
under fear OF the penalties Of the law,
Major johnson said that tho motion for a
was overruled, and he set the
case down for trial AT 10 O'Clock tomorrow