Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-12-06
Charges Against Smaihefs
Owner Of Major DsImaf
Are Dismissed by Board Of
Review After Long Hearing.
The lAemphis $4,000 Gold Cup Wss
Won on Merit.

New York. Dec. 5.-The Memphis
gold CUP dispute was officially ended
tonight when the Board of Review OF
the National Trotting Association de-
ciGed that the trophy had been won on
merit and dismissed the charges
against Elmer +. Smathers, the New
York horseman.
The case grew out Of the ALLEGED
drugging Of Lou Dillon at Memphis,
Tenn. Oct. is. 1904. Smathers, who
owned Major Delmar and drove him
in the race. was charged with having
been cognizant Of Ill treatment OF X.
6. Billings mare which resulted in the
latter's withdrawal from the race and
the winning of the $4,000 gold cup by
Major Delmar. When the charges were
made suit was brought by the Memphis
Association but was stopped by injunc-
ton. Today's hearing was for the pur-
pose Of determining the fact.
The case occupied the whole day, tut
was soon decided after the board re-
tired for deli'ierat!on tonight -
Many affidavit; wee introduced and
several witnesses re examined. Some
of the testimony was sensational. One
affidavit read WAS made by Ed. Sautld-
ers, who originally made the charges
against Smathers. Saunders in his ear
lier affidavit had sworn that Smathers
had paid him $4,000 to inject eight
ounces Of drug into Lou Dillon's body
SO as to stop her in the race. In the
affidavit read from Saunders today, he
said that he was paid to make the
CT argos against Smathers and that they
We're absolutely without foundation.
(SpOr00 No
damaging witness against Smathers.
He swore orally that Smathers had re-
quested him to open negotiations with
Saunders to see if Lou Dillon could b.
fixed" Spear said that Saunders Of
fered to do the job for $4,000. but
Smathers thought that too much and
told him TO drop the job The defence
Immediately produced witnesses who
declared that Spears character was
bad.
Through an affidavit Louis Streuber
described in the deposition as a "di-
rector OF many corporations" said that
after the charges made against Smath-
ers he went to st. Louis and inter-
viewed Ed. Saunders. brother Of Lou
Dillon'S trainer. Edward Saunders
the affidavit. states. was formerly Mr.
Streubers betting commissioner and
the witness knew he would tell him
the truth.
Saunders. said Mr.. Streuber told
him that he had made the charges
against Smathers for a money consid-
GRAFTON. He had been approached. he
said. by George Spear Smathers' for
mer trainer. and then was placed in
communication with Murray Howe.
secretary of the Memphis Trotting AS
ISOLATION. He met the latter in Chica-
go and received 5000 for making an
affidavit that Lou Dillon had been
''doped' before the cup race.
Later Steuber and Saunders wrote
him that he regretted he had said any
thing to hur, Saunders. and that lie
had made Il second affidavit to clear
Major Delmars owner.
AT the conclusion Of the hearing.
John s. Wise. counsel for Smathers.
made bitter arrangement Of the men
who preferred the charges against his
client mentioning particularly c. X. q.
Billings. owner of Lou Dillon. and Muir
ray Howe. secretary Of the Memphis
Trotting Association.
1T is the same Billings who dined
on horseback at Sherry's amid cherry
blossoms and la-la-las." said Mr.. Wise.
who instigated the infamous charges
against Mr.. Smathers. man of unin-
peachable integrity as a horseman. It
is towards prosecution. Edward
Saunders and his brother Mallard. with
George Spear Mrs. Wise said.
fought to be kicked out Of the TrottinR
Association
He closed thus:
II feel that we have suffered long and
patiently and bitterly. The charges are
absolutely unsustained. And as to those
and Howe-that "a q
matter for further Development. which
later we will take under considera-
ton" $751;,
The case went to the board in exec
utive session. after one or two minor
cases had been heard.
The executive session lasted hardly
a quarter Of an hour. and then Sec.
Cocher announced the decision.
The Roosevelt Will Sail rnA.x.