New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-04-04
THE GOLD CUP CASE.
SIX WITNESSES CALLED.
n Veterinary Says That Lou Dillon
Vas Dragged.

| The trial of the repievin suit in which Murray
! Howe, as secretary of the Memphis Trottlng Asso-
c'ation seeks to recover from Elmer Z. smatherS'
| owner Of Major Demar the Gold Cup won during
race in Memphis on October 49, 1904, with &. r.
Q. Billings's Lou Dillon, following charges
that the mare ''doped" Immediately prior 10 the
race was resumed before Justice Greenoaum ana
a jury in Part XIV of the Supreme Court yester-
day
Willard Sanders. the trainer of Lou Dillon VINO
testified yesterday that he had been approached
oy his brother Ed with proposition 10 m
capacltate the msre that Major Delmar could
win the race, was recalled to the stand at the re-
sumption OF the hearing. but was temporarily ex-
cused to make way for Henry K. Devereaux' OF
cleveland. Ohio. who owns several noted trotting
horses and is member of the board OF review
OF the National Trotting Association. He testified
for the plaintiff
Mr. Devereaux said he was present at the race
Tor the Gold Cup. and that he had examined Lou
Dillon the day previous and in his judgment she
was IN the pink of condition" He described the
Warrning-up process previous 10 the race, and said
that he considered the mare full Of 'trot' and in
perfect physical condition. although in scoring
just before the she made a break under the
wlre-something he had never her do be-
FORE Mr.. Devereaux then described this and
TESTIFIED that she appeared tired when she passed
under the wire. in PISA. and that when he
her later in the stable she showed signs of being
SICK and jaded, but that the next day she seemed
70 be her natural self
A''0 "i'heSh sdiu tnaI ne knew I'd SANDERS anu
saw him at the track. but did not see him in COM
munication with Mr.. Smathers while he was there.
On cross-eXamination Mr. Devereaux said he had
known Messrs Smathers and Billings for many
years and that in 1903 they were the principal fig
ures in the amateur horse world but that there
was not much communication between them He
said he believed both were reputable men. and de-
clared that he had raced any of Mr. Bill
ingss horses in his name, and said that Mr..
Billings never raced his horses for money al
lowed them he in he Of her
sons.
Charles Tanner, stable manager for Mr.. Billings.
was then called to the stand He testified that
Lou Dillon was purchased by Mr.. Billings in May.
1903. and that in June of that year he engaged
Millard Sanders to train her. He described the
training the received for the Gold Cup race.
ana said that she was in perfect condition. His
description Of the race and the condition OF the
mare Tailed with that given by the previous wit
nesses. His testimony was not shaken on cross
examination. Joseph D. Markey a writer for a
periodical devoted TO horses gave his opinion to
the merits OF the two horses and Andrew NJ Howe.
superintendent Of the track at Memphis where the
race was run, testified that there was nothing in
the condition Of the track 10 prevent good race
Willard Sanders then recalled. He denied
had doubts as to the staying qualities Of Lou D,l-
s0n- ae also declared fSse statement made by
mare before the race. at his direction.
testified that he familiar with Lou Dillon and
had seen nearly all her fast performances and that
occasion OF the Memphis race. IN answer to a long
hypothetical question framed by Judge Hatch.
counsel for the plaintiff. embodying the main facts
testified to in the trial, the witness said that
something must have been given to her
Asked what he meant by something" he said he
meant some drug like aconite OF nicotine. He said
the effect OF these drugs animal would be to
depress II and cause cold sweats and paTalyZe the
heart
In answer 10 a second hypothetical question re-
lating 10 the mares speed In past performances.
and ending with the query 10 why she stopped
the half-mile pole, the witness said that IN his
opinion the drugged
Counsel for the defence wanted the answers 70
both questions stricken from the records on the
ground that they did not prove conspiracy but
Justice Greenbaum ruled that they should stand
The trial then adjourned until 10 O'Clock
I'D