The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-12-06
LOU DILLON CASE ENDED,
HOARD or REJ IEW ENONERATES
SW.LTHERS FROM CHARGES.

- me Lon bllloh ubDlnU 'OdI RcH ny W
hoard Of review Al the Murray Hill Hotel
yesterday. II developed into a glorious
rarsde for the defence; the plaintiffs, Muir
raw Howe, 81 al. having taken to the woods.
j. was 4 session Of hearings, cross affids-
>its and summing ups by the defence, a
sequences If happening ss fnll Of interest
10 horsemen as a vaudeville how.
The decision handed down. late IN the
evening was that T.. r.. Smathsrs was ex-
Cneratcd from the charges.
George Spear. the driver. was the only
me 20 appear for the plaintiffs - a witness.
Murray Howe. G. X. G.. Billings and Ed
Sanders ,ent ahidavits the latter one each
way. a. no had been playing both ends
against tho middle. The defence was
rroifc with Witnesses and r. r. Smsthers
sat bv looking contented.
Major r. =. Johnson presided and sat
With corrugated brow throughout the testi-
rnony. With him ON the board were the
rev mon. both filled with the eagerness of
fresh brooms !. " Johnson OF Calais, Me,
and George Campbell Brown of Spring
vile. Tom. Also u Judge was John H..
Shults. now New Works veteran ct the
country gentlemen trotting stock breeders.
s ,cretarv Guci,cr was in attendance and
also the stonographer. name unknown.
brought zach year from Chicago for the
session. and according to W.Russel Allen OF
Pittsiield. the best worker OF the board.
Allen, David Bonner and +. ;. Gorton OF
Chicago, former board members, were
~onlookers. There was a crowd in the room
Of New York Speedway drivers and local
%trotting horse followers. >
Spears allowed the mare had been doped,
how and when exactly he couldn't say.
Hadn't done the doping himself. but Ed
Sander knew. On cToss-examination
pea : proved a ia glefooted witness;
also divers matters connected wi the
shady side Of trotting, such as the pllling
Of Temple Bar ten years ago, Spears on
being hadgered confessed a completely
in. w brief, the testim ny of the driver
did not carry much Weig I with the crowd
an | the l,oard members did no seem much
impressed by its t%ruthfulness. An afi-
davit from Sanders 8 id that M knew Lou
Dillon had bee doped; also afidavits from
Murray Howe and C.. X. G.. Billings to the
effect that they also thou hit 30, mostly
OH I'd. : ndcr''s say so.
The defence brought in rubbeTs, 4 ooms,
drivers and onlookers at the race for the
Memphis Gold Cup to prove the are had
been M to the race of her life against Major
Delmar. Also to prove the general unr =
liability of Spears IA a square driver, Harry
Tancher being one Of the m ny TO d a
straw to the weight Of evidence in his
respect. Scott Hudson, the reinsma ,testi-
fed Lon Dillon had ma e the race Of her
life on that day, and, as she would never
race when headed, the mare had really
surpassed herself in defeat.
The dcfenc, had also afidavits TO present,
one from Eh Sanders contradicting fatty
the affidavit submitted by the plaintiffs.
II was sworn hefor r. a notary at ~. Louis
November ~. 1874, the essential part being
-Uenonent Says that he remembers the
contest between Lou Dillon and MAJOR
Delmar at Memphis. Tenn. October Is,
1914. for the gold cup offered by the Memphis
Driving club; that he was present at the
time and saw said contest. Major Delma r
vas driven by f. +. Smsthers and Lou
Dillon bv &. h. G.. Billings. said contest
in favor Of Major Delmar.
That deponent is also familiar with the
charges made against Sma theirs; also that
had said Smathers conspired with de-
poneht 10 stop Lou Dillon IN said contest
by doping said mare and that deponent
had said he did actually dope said mare;
that said charges we're wholly and abso-
untrue and without foundations;
that deponent never had any conversations
negotiations with said Smathers with
TO stopping of said Lou Dillon in
eaid contest by dope or by any means
whatever, nor did he ever receive one
cent from said Smathers for said purpose,
and deponent further says that he did not
conspire with Smathers, or any one in his
to stop said mare and never admins
tered dope Of any kind or anything else to
said mare, or employed any means of any
nature to interfere with her success in
said contest, and any statements to the
contrary are untrue.
Another affidavit revealed that ~EdSanders,
w no is a brother Of that reliable and sterling
and trainer, Willard Sanders, was
b willing witness in presenting The refutation
of his former damaging statements. This
affidavit was from Louis Streuber, a capital
list Of his city and friend OF Smathers. Streu-
saw the race and on advice of Willard
Sanders, who used to train for him, had
bet on Lou Dillon and against Smathers,
although he would have preferred TO see
win.
Streuber was in Florence, Italy, when he
heard of the charges against Smathers.
was ~astounded and on his return to
this country he saw Judge Coyne az a friend
of Smathers and the two act out to find
Ed Sanders and to induce the latter to tell
the whole truth about the matter. They
found him at st. Louis in November, 1905.
In the interview Eu odIlucTS sara LOdt
he had made the charge against Smathers
for a money consideration and that the
subject was first mentioned to him by
George Spear; that Ed Sanders wa then
into communication with Murray Howe
and went to Chicago. He there received
a. 5000 for the execution of the false afi-
davits which he then mad Sanders said fur
I her to Streuber at this slime hathe regretted
his action: that Smathers had been a good
friend to him and that he had done Smathers
a great injury and that the present state
ment was made to clear himself and
Smathers.
Ed Sanders also made the request that
his second affidavit be suppressed until
after the call Of the ease last December.
The reason was that he had sTent the money
and thought there might be more coming
the home end Of the case. Streuber
also swore thai Sanders WAS perfectly free
and candid in his statements that the whole
charge vas a fiction and a fabrication, for
which he had been paid a large sum of
money. In addition Streuber added an
other straw 10 the pile regarding Spears
repHt alton. Il have known Spear since
he WAS employed by SmAthers and that he
ia commonly regarded by men and horse-
men, and by all who know his me thOds
"a of had reputation and not TO be believed
under oath.
Murray Howe having TO rcT rosent9tives, .
for il srpesred that the MsnT ms Driving
aTI.a. l,aI .l.uHVNaI ,te .r fRsr Nat' annl Tv,f- D