New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-04-03
SAYS MARE WAS D0PED.
TRAINER ON THE STAND.
Testifes That Mr. SmGthers Said
He Could Win on the Square.

The trial Of the suit brought by the Memphis
Trotting Association against Elmer E Smathers
for the recovery of the old Cup. which the lat
ter won at Memphis on October IS. 1904 when
he drove his horse Major Demar against Lou
Dillon. driven by her owner, c. K G. Billings.
was resumed yesterday before Justice Green
baum and jury in Part IA of the Supreme
Court. The cup was offered as a prize by the
Memphis Trotting Association and Major Del
mar won. IN its present suit the association
seeks to regain possession of the trophy on the
ground that Lou Dillon was drugged the re-
suit OF a conspiracy entered into by Smathers.
Edward Sanders and George ". Spear.
Miard Sanders the trainer Of Lou Dillon.
who was on the stand when court adjourned
Monday. was the first witness called yesterday.
He said he had seen his brother and Smathers
talking together at the Lexington track few
days prior TO the race. and that he overheard
his brother say to Smathers: How about it?"
AID that Smathers replied: Il can beat the
mare on the square"
There was a Wrangle among counsel over the
a6missibility of testimony as 70 conversations
between Willard Sanders and his brother. and
then Judge Hatch said: Il propose not only to
prove the alleged conspiracy, but that the overt
ect-the doping OF the mare-Was committed
The conspiracy was formed at Lexington and
carried out at Memphis"
Caruthers Ewing, OF Memphis. counsel for Mr..
smaIheTs contended that the conversation was
not admissible as evidence because il had taken
place in Lexington and not at the point Of the
alleged execution Of the act and because the
conspiracy had not been established. Justice
Greenbaum admitted the testimony upon the
condition that the alleged contamination OF the
act must be proved or he would dismiss the suit.
Sanders went to say that his brother had
spoken 10 him Of being able 10 get 5000 for
having Lou Dillon lose the race, and that in
reply he told him TO go away and not 20 men,
ton the matter again, as he would not do any
thing TO hurt the mares chances OF winning.
Two days later, he said, Ed approached him
again and asked il he had not changed his
mind, II was a good way to make easy
money. Il again told him to go away" the
witness testified. and not TO speak about such
thing any more
On another occasion. Sanders said, he was
walking with his brother. when they saw Mr..
smathers approaching, and his brother said
Now will be good time TO talk the matter
over with him. The witness said he walked
On but that Ed accosted Mr. Smathers. and
ne overheard the latter say, Il can beat him on
the square"
Sanders then testified TO conversation he had
With Spear the evening before the race when
the latter called at his room. He said he told
Spear that he had come 10 talk TO him on a
matter he would have nothing TO do with, and
asked him 10 step out, and that Spear went.
TIE next day, he said, while he driving a
morse az slow gait on the racetrack. Mr.. Spear
drove alongside and said II suppose the race is
al over?" and that he answered, George. so
iaF as am concerned IT is. for would not do
anything against that little mare for all the
money In the stable"
Inc race took place at o'clock in the after
noon and Sanders told IN detail the handling Of
me mare up 10 the hour Of the race. He said
ne took her out several times previous TO the
.sce and logged her for mile each time. and
tlat ne thought her in perfect condition Thirty
minutes before the race, Sanders said, he took
her Out again and warmed her up a little before
turning her ever 10 Mr. Billings. He then de-
Scnoed the race and her exhausted condition
aiterWard He said the day after the race she
improved and seemed TO be all right, and thar
on the Saturday following ne drove her against
no
III mile IN that time and came out in fine con-
oilon and was not distressed
me cross examination by Mr. Ewing did not
Clahse the witnesses testimony on any material
points. He said that his brother had probably
Deen drinking when he came to him with the
proposition TO fix the race. and that he had 10
occupation at the time. The witness testified
WIN the Information he had relating to crooked
NofK was because he never him TO talk 20
npfe man a minute at time and shat he rec-
osnzeo Mr.. Tanner as his boss in all matters
ksftalning TO the stable. He said he told Ar
.a!iner OF the propositions that had been mac.
% MN, but did not tell him that they had been
made by his brother.
AF. Ewing then tried 70 draw out that al the
.,.ne OF the race after the last warn-up. when
ne mare was in perfect condition and until she
vas brought out OF tie stable for the first heat
me was in charge Of Ed. Mallory the care
.lNeT, and one helper. in view OF hundreds of
tsIsons who swarmed around the stable and
sLat u would have been impossible 70 get 20 her
-of me purpose 81 doping The witness yrould
hol admit that the conditions made II an inpos-
S9aity 10 tamper with the mare at that time.
ar Sanders was excused shortly before 4
.-'ek, and court then adjourned until to-Tnor-
ioS morning az 10 O'Clock