New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-04-02
THE GOLD CUP CASE UP.
e. E. SMATHERS ON TRIAL,
IzcO WitnesSeS Heard on Major
DeImar-Lou Dillon Race.

The trial of the case of the Memphis Trotting
Association against z. z. Snathers TO recover the
Gold Cup won by Major Delmar In 1904 was begun
before Justice Greenbaum and n jury in Part Il
OF the Supreme Court yesterday. Parker, Sheehan
& Hatch represented the plaintiff, former Judge
h2tch trying tie John ]. Adams and former
judge Edward p Coyne appeared for Mr snathers-
The case on trial is known among racing men as
the Gold Cup scandal and involves the alleged
doping of the trOtting mare Lou Dillon in the
race with Major Delmar the Memphis track in
1904 Major DeImar. owned by Mr.. Smathers. won
the Gold Cup The question thrashed out be-
FORE the Board of Review of the National Trotting
Association last spring, and the board found in
favor of Mr.. Smathers.
The men who testified before the Board Of Re
view swore that to the best of their judgment Lou
Union had been doped. and Eddie Maloy swore that
ne saw Willard Sanders. trainer of the mare try
give bottle of champagne to the trotter George
spear who was trainer for Smathers at the time.
submitted an affidavit in which he swore ne had
Instructions from Smathers to insure the race to
Major Delniar
Former Judge Hatch. for the plaintiff in his
opening said 1t was action OF replevin to obtain
the Gold Cup. valued at about $500. He told
the story of the alleged doping" and said that
before this disputed race each of the contestants
Hau won one race. and this the race that
would decide the ownership OF the trophy. lie
SAID ne would show that several days before the
race the defendant conceived the plan to unit
mare. that she should lose the race. and en-
tered into a conspiracy prevent the from
winning the race. and then carried out the
spiracy
The mare was in perfect condition until thirty
minutes before the race" declared the iawy or,
and We shall show that on the morning Of the
race she worked out and showed he" speed
and was in fine condition. Between the time Of her
cooling out from her preparatory race. the mare
was drugged. and when she was hooked the
wagon in preparation for the race she showed
III. f-,gf
mile post the suddenly stopped. and Major
Delmar finished the mile in 2;07. while
was only able TO finish I'm PTS veterinary sur
geon was called and he informed the judges that
the mare was unable to race the other heats
Therefore. Major Delmar went around the track
and the Gold Cup was awarded to Mr. Smathers.
john J. Adams then moved to dismiss the com
plant on the ground that there was no cause OF
either owned by the New York Driving Club or the
Memphis Driving Club. and that II was not owned
Greenbaum denied the motion
Judge Edward p. Coyne counsel for Mr.
the latter denied that he in any way con-
nected with any conspiracy and declared that II
any conspiracy existed II was against MS cient
1Ie9Ige w. SPeag, lor ii ,,s5 fr the Main
tiff. He said at the meeting in Lexington. Ky
rSce Mr. smatbaTs told MIN that he was anxious
to win the cup and told him to go 20 Ed saunders
who trained Lou Dillon, and see II there was not
some way in which Major Delmar could win. Spear
said he saw Sanders and had several conversations
with him in regard 70 the matter and that Sanders
finally told him he could have the mare beaten for
$1,000 He said he reported this TO Mr.; Smathers
who said IT was too much and that all ne would
give was 5000. Spear testified that Sanders re-
fused 10 accept less than $4,000. and that the
transaction ended there so far as he was con-
cerned.
The witness said that he had seen the mare being
driven by her trainer, Willard Sanders, brother
Of Ed several times prior 70 the race: and that
he had seen Ed Sanders and others taking to-
gether lie said he had bet Major Dcimar 10
win the race. Asked 10 who was the better
driver Mr. Billings Mr.. Smathcrs, he replied
that Mr. Suathers for some horses ana MI
billings for others The witness admitted that he
had been ruled of the turf. hut said he mad hopes
Of being reinstated at the next meeting % tho
hoard OF review. lie denied that the fist iDfor-
nation regarding the case was given by HIM
The next witness Willard Sanders. lie tes-
tifed that when Lou Dillon reached Memphis for
the race she was in perfect condition and that In
hs opinion she was better than ever before In her
life Sanders went on 20 say that he gave her
considerable work and that in tho try-out prepata-
tory 10 the cup she trotted half mile In very
nearly minute He said she was not distressed
In any way and cooled out as nicely as any horse
could ,, ~, a.. -.