Omaha daily bee., 1907-04-02
SUIT TO RECOVER COLD CUP
Memphis TrOtting Association Demands Re
turn Of Trophy Won BY E 3. smnthsrA.
CHARGE THAT LOU DILLON WAS OOPEO
Trainer Employed BY Defendant
said He Partly Negotiated
Deal TO Have Mare
Beaten.

NEW YORK, April LIN an effort to
recover from Elmer z. smathers the gold
cup won by his horse Major Delmar. in
race With the trotting mare, Lou Dillon.
at Memphis october IS, 1904, the Memphis
Trotting association as plaintiff began to-
day 70 lay before Justice Greenbaum and
a Jury IN the supreme court ali Of the
facts connected with the alleged drugging
OF the mare as the result of a conspiracy
planned by Mr.. smathers. The board Of
review OF the National T'rottng association
In December awarded the cup to Mr..
smathers The Memphis association claims
the board OF review acted irregulsrly.
George w. Spear. employed by Mr..
5mathers for more than FIVE years as
) trainer took the stand at the opening OF
today's trial and stated that at Lexington,
Just prior to the Memphis meeting, Mr..
Smathers had asked him to arrange with
the trainer OF Lou Dillon TO have the mare
beaten. He declared he received word
from the trainers brother that It would
cost 10000. He reported this to MIR.
snathers who declared the price was pre-
posterous and said he would not give but
5000 That was as far as Spear went with
the negotiations
Willard Sanders, trainer of Lou Dillon,
testified as to the intimate history of the
wonderful race mare, detailing her per-
formanoes, outlining her daily routine OF
life. even to the quantity and character of
her food. and gave the record Of her
trials from the time he took her as a
4-year-oid in 1902 and began training what
he termed a wonderful racing machine"
When adjournment was taken Sanders
had carried his narrative of the life of
Lou Dillon down to a few days before
the famous race Of 1904, which, It Is al
legged tho mare lost because of drugs adj
mlnistered to her.
History of the Cup.
The gold cup was offered by the Mem
phis association to be contested for by
amateur drivers In wagons. The cup was
to become the property Of the owner or
club capturing 1t two years in succession.
Mr. smathers, representing the New York
Driving club, won the race in 1902 with
Lord Derby. In 1908 Major Delmar. driven
by Mr.. Smathers. and Lou Dillon, driven
by Mr.. Billings. the latter representing the
Memphis Driving club met for the first
time. Lou Dillon won In two straight
heats. never being fully extended, her
trainer declared today. Keeling off both
mile heats In the same time, 2OfA.
Lou Dillon, II was testified, never was
better in her life than just previous to
the race of october Is She had worked out
nicely before the first heat and when the
two horses were sent away together they
went to the half mile post in almost
record time. Then Lou Dillon suddenly
stopped almost to a walk. allowing Major
Delmar to go on and win in 2:O7, while
she finished the mile in no better than 2:1s.
The mare was found to be unit to con-
tinue and was reported by a veterinary
surgeon to have been drugged. Mr.. Bill
lings drove another horse In the second
heat to allow Mr.. smathers to take the race
with Major Delmar.