New-York tribune., 1906-05-04
SMATHERS NOT GUILTY.
LOU DILLON CASE UP.
Accusers Are AbSent, bat Board of
Reuierc VIII Continue at Lerington.

The board of review of the National Trotting
Association dismissed yesterday without preju-
dice the charge against E. E. Smathers of be-
ing implicated in the drugging of the mare Lou
Dillon at Memphis in October, 1904, causing her
defeat by the horse Major Delmar.
Neither Murray Howe, former secretary of
the Memphis Trotting Association who was
sponsor for the charge. counsel for the latter
was present when the board met yesterday at
the Murray Hill Hotel to continue the hearing,
and their absence was taken as an indication
that tho bottom had fallen out of the case of the
con2lanants.
The board, however. means to probe the mat
ter to the bottom. and Will continue the investi
cation i'm Lexington. KY. where it meets on
June 1. Howe has been summoned to appear,
and summons has also been issued for c. X G.
Billings, owner of Lou Dillon. in the now famous
case. Billings has since bought Major Delmar.
Major P. P. Johnson. president OF the National
Trottng Association, has declared that either the
charge against Mr. Smathers must be proved, in
which case he would be punished. or else the ac-
cusers OF illicit practice would be similarly dealt
with
The action by the board, unknown to its men,
beEs, anticipated injunction issued by the
Supreme Court to prevent further action until
the trial of the suit now pending in court
against Mr.. Smathers. in which the Memphis
Trotting Association is the plaintiff. Mr.. Cloo-
nan, Of Parker. Hatch & Sheehan. counsel for
the latter. gave out statement in which he said
that he did not expect to have hearing before
the board of review.
He said that he merely appeared to have the
case adjourned for opportunity to try it i'll
court His understanding was that the board
would meet at II o'clock yesterday morning,
whereas the meeting scheduled for 10
o'clock; so the injunction was too late to pre-
vent the temporary dismissal. of the case.
Mr. Smathers was on hand early and was
anxious to proceed. His chief counsel. John ].
Adams. filed two ahidavits. One was a formal
answer from Mr.. Smathers. in which he reit-
crates his absolute denial of the doping
charge, and the other was made by Orlando
Davis Hammond an attorney OF Memphis and
son Of the late Judge Hammond, of the United
States District Court.
In this deposition Mr.. Hammond says that he
overheard conversation in which Mr. Billings.
owner Of Lou Dillon said Immediately after the
race with Major Delmar that the mare had not
been fit for several days prior 70 the race
After reading the two afldavits. Major John
son, presiding, asked if the other side was ready
to proceed. There was one present to answer
for the Memphis Trotting Association. and the
chairman said:
Their failure to bring evidence to sustain the
ter to the bottom. We shall take steps on our
own motion without relation to either party and
proceed with a rigid investigation. The case
against Mr. Smathers is dismissed without pref
udice.
About half an hour later. after the board had
gone into executive session. Murray Howe ap-
peared, unaccompanied by counsel. He said he
had understood that the Smethers case to
be taken up at IL o'clock.
Mr. Smathers said last night that he will at-
tend the meeting Of the board Of review at
Lexington on June 1. and that he will have
several additional witnesses
Parker Hatch & Sheehan issued a statement
last night in which they say:
It is well known that Mr.. Gocher, the secre-
tary Of the National Trotting Association. to
whom has been delegated the matter Of secur-
ing and presenting all the evidence and wit
openly expressed his confidence in the innocence
Of Mr.. SInathers and has been active in cOun-
selling and advising the steps to be taken In Mr..
Smatherss behalf.
The counsel for the Memphis Trotting Asso-
citation declare also that the jurisdiction Of the
courts in the Smathers case cannot be affected
by the action taken by the board of review. and
that the association will not permit it's hand to
be forced prior to the Supreme Court hearings.