The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-02-15

GOLD TROPHY is RETURNED

NEW YORK, February H.-Possession
OF the Memphis gold cup was surrendered.
to u. f. Smathers yesterday by Sheriff
Hayes. who seized the five thousand dol
lar trophy during the absence OF the
owner, Il week ago, on Il writ of repcvtn
obtained by the Memphis Trotting As
ISOLATION. Having given bond of $1,000
which the sheriff approved, Mr. Smathers
can now retain the cup until the final
trial of the case occurs. Adams and Nc
lntyre, his attorneys, said yesterday this
might be more than. N year hence, owing
to the crowded condition of things in
the New York Supreme Court, where
the action is to he tried.
Unwilling to remain so long under,
the charge of conspiring to dope" Lou
Dillon, Mir. Smathers took steps to pro-
cure an earlier hearing OF the case in
either in the civil courts or the turf courts.
1t was rumored that he intended to
cause the arrest of one or more of his.
destractors, in order to force action,
criminal proceedings having the right OF
way In the courts. But with n civil ac-
tlon pending and involving the same IS
sues his lawyers deemed 1t doubtful
whether the criminal case could be
brought to trial ahead Of the civil action.
For this reason Mr.. Smathers decided
to ask the board of review OF the Ma
tionaI Trotting Association to take cogni-
zance of the case. With n letter from
Adams and Mcintyre advising him that
the turf court could investigate the
charges and deal with the parties i'm
plicated rs 1t saw fit without dsrespect
to the civil courts he visited the Murray
Hill Hotel in the afternoon and request
ed Major =. r. Johnston, the president
of the National Trotting Association. to
call a special meeting of the board Of
review to probe the case.
Board Meets in May.
Major Johnston said 1t would lie better,
for all concerned. in his opinion. not to
proceed hastily. but to take time enough
To thoroughly investigate the charges.
and he declined TO call special meeting
OF the board. the next regular meeting
being scheduled for next May.
In considering the matter he said there
Was n precedent for investigating tlh
charges and cited somewhat simila.
case arising out of n race in which e.
H. Hartman. the late Marcus Daily and
the late J. Malcolm Forbes matched
their three ycar-old trotesrs Elsie s.
Limberick and Nowaday a few years ago
for 5000 corner.
/. After Mr.. Harriman's Elsie s. was
beaten in the race. his driver. Ira Ryer-
son. went TO hin: with story that the
STEAMBOAT FLY had been 'doped." The
Wall Street man was incredulous, but
his driver insisted, and assumed to dis
cover unmistalsable evidence OF an in
famous attempt to poison the mare.
Through Ryerson's talk. tho story got
out and grave scandal resulted Mt
Hartman put the matter before Mr..
DAILY and Mr.. Forbes. and 1t was de-
cided to ask the Board OF Review OF
the National Trotting Association to In
vestigate the matter.
When the case was probed II WAS
proved that Ryersons story was a fake.
and that IL all the poison he said had
been placed where it WAS found. had
really been administered to the mare it
would have killed her and herd OF
elephants into the bargain, Ryerson was
then under temporary reinstatement af-
ter having been expelled for ringing Tay
lorson and the disclosures ended his
career as n driver on national tracks
irresponsible Accusers.
In speaking of the gold cup case yes
terday Major johnson minated that If
the charges made against Mr.. Smathers
by the Memphis Trotting Association had
been presented TO the Board OF Review
instead of the civil courts. the case
would not have been entertained, ow-
ing to the notoriously irresponsible char
acter of his only accusers.
Murray Howe. the secretary of the
Memphis Trottins Association, has init
mated that the afidavits of George
Spear. the expelled driver of Temple
Bar. and Mac" Sanders are by no
means the only witnesses on whom the
prosecution is depending to prove It's
charges of conspiracy and doping.
Sentiment among horsemen attending
the National Trotting Association meet
ing at the Murray HiIl Hotel yester-
day, seemed to be unanimous that the
Memphis association ought TO produce
at once some evidence more worthy OF
credence than the afiidavits OF Spear
and Sanders If better evidence is in its
possessions.