The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1906-12-06
GOLD CUP
WON HONESTLY
Turfmen Decide Major Delmar
Won on Ills Merits.
MARE WAS NOT DRUGGED
Sensational Testimony in Famous
Lawsuit Between Millionaire
Racing Men.
MARE WAS NOT DRUGGED

NEW YORK. Dec. 6s-The Memphis
gold cup dispute was officially ended
last night when the board OF review
OF the National Trottlng association
decided that the trophy had been won
on merit and dismissed the charges
against Elmer Il. Smathcrs, the New
York horseman.
The case, which was taken up by
the board nc continuation OF It's win
ter meeting. grew out OF the alleged
drugglng OF Lou Dillon at the Mem.
phls Crcnn.) meet on Oct. IS. 1904.
Smatlcrs. who owned Major Delmar
and drove him In the race, was charg-
ed with having been cognizant OF III
treatment OF q. X. G. Billings mare
which resulted In the latter's with.
drawal from the race and the win.
ming OF the 5000 gold cup by Major
Delmar. When the charges were made
suit was brought by the Memphis as
ISOLATION. but II was stopped by In
junction. The present hearing was for
the purpose OF determining the facts.
Some OF the testimony was sensa-
tional. One affidavit read was made
by Ed Saunders, who originally made
the charges against Smathers. Saund-
ers In his earlier affidavit had sworn
that Smathers had paid him 5000 10
inject eight ounces OF drug into Lou
Dillon's body so as to stop her In the
race. In the affidavit read from Saund.
ers he said that he was paid to make
the charges against Smathers and that
they were absolutely without founda-
ton.
George w. Spear was the most dam
aging witness against Smathers. He
swore orally that Smathers had re-
quested him to open negotiations with
Saunders TO see IL Lou Dillon could
not be fixed" Spear said that Saund.
ers offered TO do the Job for $4,000
but Smathers thought that too much
and told him to drop the job. The
defense Immediately produced witness.
es who declared that Spears charac-
ter was bad.
Through an affidavit Louis Streuber
described In the deposition as a "dl-
rector OF many corporations" said that
after the charges were made against
Smathers he went to st Louis and
interviewed Edward Saunders, brother
Of Lou Dillons trainer. Edward
Saunders. the affidavit states, was for
merly Mr.. Streuber's betting commits
sioner. and the witness knew he would
tell him the truth.
Saunders, said Mr.. Streuber. told
him that he had made these charges
against Smathers for a money consld-
GRAFTON. He had been approached he
said, by George Spears, Smathers' for
mer trainer, and then was placed in
communication with Murray Howe.
secretary of the Memphis Trotting as
sociatlon. He met the latter in Chi
cago and received 5000 for making
an 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
Major Delmar's owner.
At the conclusion of the hearing
John S. Wise, counsel for Smathers,
made a bitter arraignment of the men
who preferred the charges against his
client, mentioning particularly G. X.
G. Billings, owner of Lou Dillon, and
Murray Howe, secretary Of the Mem
phis Trotting association.
cit Is the same Billings who dlned
on horseback at Sherry's amid cherry
blossoms and la-la-las," said Mr.. Wise,
"who instgated the Infamous charges
against Mr.. Smathers, a man of unim
peachable integrity as horseman. 1t
is towards prosecution"
Edward Saunders and his brother
Mallard, with George Spears, Mr.. Wise
said. ought to be kicked out of the trot-
ting association. He closed thus:
81 feel that we have suffered long
and patiently and bitterly. The charges
are absolutely unsustained. And as to
those others, Billings and Howe, that |
is a matter for further development,
which later we will take under consid-
Grafton"
The executive session lasted hardly |
q quarter of an hour, and then Secre-
tary Gocher announced the decision,
that the Memphis gold cup race was
won on its merits and the charges
against Elmer e. Smathers dismissed.