The Montgomery advertiser., 1906-12-06
Awarded Memphis Gold
 Cup.
GUnTLESS OF DRUGGNG
No Proof That Lou Dillon Was
 Doped.
Maker of Formal Amdavtt Changes Testimony Declaring He Was Paid to Make stmtement---nEil-
 ings in Trouble.

New York. Dec. 5.--TAe Memphis gold cup dispute was officially ended tonight when the board of review Sx the national trotting association dscAe-~ ed that the trophy had been won on merit and dismissed the charges against E. E Smathers of New York.
 The case which was taken up by the Board at continuation of It's winter meeting today grew out of inc alleged drugging of Lou Dillon at he Meul-, phis Tenn, meeting in October, IS, l9D&
 smathers. who owned Major Delmar and drove him in the race, was charg- ed with having been cogniznnt of iai treatment to c, G. Billings's mare which resulted in the latters failure to show form in the race. and the winning of the S5,O00 gold cup by Major Dea- mar.
 When the charges were made suit was brought by the Memphis Assoeia- tion. but 1t was stopped by injunction Today's hearing was for the purpose of determining the facts. The ease uccu% pied the whole day but was soon de- cided after the board retired for delib~ eratlon tonight. Many affidavits werN introduced and several witnesses ex- amned.
 Some of the testimony was sensa. tional. One affidavit read was made by Ed. Saunders who originally preferred the charges against Smathers. Saun- ders in hls earlier affidavit had sworn that smathers had paid him s5.GD0 ta administer eight ounces of a drug intd Lou Dillon so as to stop aer in the race. Tn the affidavit read from Saun. ders today he said that he was paid to make the charges against SmatherA- and that they were absolutely without foundation.
 George w. Spear was the most dam. aging witness against Sm mathers. Be swore orally that Smathers had rc- duested him to open negotiations with Saunders as to whether Lou Dillon Saunders offered 10 do the job for sl0.. 900. t Smathers thought that too much and told him to drop the 5oh. l The defense immediately produced wit. nesses who declared that Spearass el9af.- actor. was bad
 Through an affidavit Lotus sfreubel said that after the charges were made against Smathers he went 70 st. Louis and interviewed Edward Saunders brother of Lou Dulon's trainer. Ed ward Saunders, the affidavit states, was formerly MT. Struber's betting cont missioner and the witness knew he would tell him the truth.
 Saunders, said Mir Streuber. told him that he had made the chargea against Smathers for a money consld. eration. He had been approached. he said, by George Spears. Smathers's former trainer and then was placed in communication with Murray Howe Secretary of the Memphis Trotting As. sociation. He met the latter in Chi. eago and received $5,00O for making ST affidavit that Lou Dillon had been doped before the cup race.
 Later Streuber said Saunders wrote him that he regretted he had said any- thing to hurt Smathers and that he had made second affidavit to clear Majof Delmar's owner.
 At the conclusion of the hearina John S. Wise. counsel for Smathersr made a bitter arraignment of the men who procured the charges against hit client mentioning particularly c. K, G. Billings, owner of Lou Dillon, and Murray Howe, Secretary of the Mem- phis Trotting Association.
 T feel that we have suffered Iona and patiently and bitterly" said Mir <. Wise. The charges are absolutely nn < sustained. And as to Billings and Howe-that is a matter for further de- velopment which later will take uh- der consideration"
 The case went to the Board in execs utive session, which lasted hardly x quarter of an hour. v