Los Angeles herald., 1907-04-02
RACING SCANDAL
AIRED IN COURT
TRIAL STARTED TO RECOVER
GOLD CUP
Former Driver Of Major DeImar Tells
of Attempt to Weaken Lou
Dillon and Win Big
Match
BY Associated Press.

BY Associated Press.
NEW YORK, April IA trial was
begun before Justice Greenbaum and a
jury in the supreme court here today
of the suit of the Memphis Trotting
association against E. E. Smathers for
the recovery of the famous gold cup
won by the trotting stallion, Major
Delmar. in a race at Memphis in Octo-
Der. 1904 with the mare Lou Dillon.
MIR. Smathers is the owner of Major
Delmar, while Lou Dillon is owned by
c. X. G. Billings. 1t is claimed by Mr..
Billings that Lou Dillon lost the race
because of fraud and a conspiracy to
disable the mare. The board of review
of the National Trotting association
last December awarded the cup to Mr..
Smathers.'
In seeking TO recover the cup the
Memphis Trotting association set up
the plea that the action of the board
of review was irregular, i'm that the
final award of the cup was made at
meeting at which the association was
not represented.
The Memphis Trotting association
and Mr.. Billings were represented by
former Judge e. w. Hatch of New
York and j. F. Meagher of Chicago.
Mr.. Smathers is represented by Ed
ward P. Coyne, John j. Adams and
Carruthers Ewing.
In his opening address to the jury
Judge Hatch declared that it should be
shown that prior to the deciding race of
the gold cup the defendant Smathers
conceived the idea of uniting Lou
Dillon. and that as a result of the con-
spiracy which followed drug was ad-
ministered to the mare.
Move to Dismiss
The Memphis association contended
that the cup had been taken by fraud.
The attorneys for the defendant moved
that the suit be dismissed on the
ground that the Memphis Trotting as
sociation was not the rightful owner of
the trophy at the time of the bringing
of the suit
The attorney declared that if Lou
Dillon had been drugged the cup be-
longed to the owner of the mare, Mr..
Billings, or the Memphis Driving asso-
citation, which Mr. Billings represented
in the race. The Memphis Trotting as
sociation ceased to have an interest in
the cup after the judges had made
their awards.
Justice Greenbaum denied the mo-
tions.
George w. Spear, as driver and
trainer who was in Mr.. Smathers' en-
ploy, was the first witness. Just prior
to the Memphis races Spear said:
"Mr. Smathers asked me If 1 would
not see Sanders, a brother of Millard
Sanders, the trainer of Lou Dillon, and
find out what could be done to have
Lou Dillon beaten. spoke to Sanders
and told him Mr.. Smathers wanted to
win the cup and wanted to know if
Lou Dillon could not be beaten. He
wanted to know what Mr.. Smathers
would give. 1 said 1 did not know.
Wanted Ten Thousand
"The next day Eb' Sanders told me
the mare could be beaten for $4,000. I
took this message to Mr.. Smathers,
and he said he would not give it, he
would pay $4,000 and no more
81 made this proposition to 'Eb' San
ders and he said that the mare could
not be beaten for $4,000, that it would
take $4,000. Mr.. Smathers asked me
what Sanders would do to the mare and
1 told him Sanders would take the
mares feed away for a few feeds. He
asked me If 1 thought that would be
sufficient and I said 1 did not think SO.
He asked me if I did not know of some
drug that would be sure. 1 said I
never drugged a horse and did not
know. That was all 1 did in the mat
ter"
On cross-examination by Mr. Ewing
Spear was asked if he had not been
once ruled off the turf for fixing race.
That was objected to- but Mr. Ewing
said he wished to impeach the witness.
There is no necessity for that" said
Justice Greenbaum; "he has already
sworn he tried to fix this race. 1t is to
be presumed he may have fixed Others"
Il was in Mr.. Smathers' employ and
did all he told me to do" said the wit
ness.
IF he had told you to commit mur-
der would you have done it?" asked
Justice Greenbaum.
NO" said the witness, my business
had to do with horses"
Spear said he was discharged by MI
Smathers in 1906 and up to that time
had not disclosed the fraud in the cup
race. He told the story to Murray
Howe, secretary Of the Memphis Trot-
ting associa tion.
YOUTHS FORM NEW CLUB
Eighteen boys ranging from Is to 10