New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-04-06
I MR.. SMATHERSON STAND
DENIES ANY CONSPIRACY.
C. K. @. Billings Also TeStifes in
Gold Cup Case.

Elmer. Z. Smathers the former owner Of Major
Delmar. and c. K. G. Billings, the owner of Lou
Dillon, the principal witnesses yesterday at
| the trial Of the suit brought by the Memphis
Trotting Association to recover the gold cup won
by Major Delmar Memphis October IS, 1906
After several witnesses had testified for the de-
fence Mr.. Smathers called to the stand. He
said that Mr.. Billings now owns Major Delmar
and that he had sold his racing stable in July 1906
He testified that he had discharged George Spear.
of the witnesses who testified against him. be-
cause he had entered mare in a against a
horse owned by Mr. Billings when she was unfit
to go to the post
Did you ever enter into conspiracy to stop
Lou Dillon in the on October IS 1862" asked
Mr. Ewing.
Il did not" was the emphatic reply.
Mr.. Smathers denied that he had ever had any
dealings with Ed Sanders whose brother Willard
would give 5000 to have Lou Dillon fixed so that
she could not win the race
The witness then described the race He said
that when they got off Mr.. Billings tried to get the
pole from him and he cried to keep off" The
horses went to the half head and head he said
and then the mare faltered and slowed down He
declared the race to that point was a struggle
and was negotiated top speed After the half
mile was reached he said Major Delmar drew away
and that he drove him at top speed to the three
quarters pole. where hi slowed up to save his
horse.
Mr.. smathers testified that he did not arrive in
Memphis until between 10 and II O'Clock on the
morning of the race and that he did NOT reach the
track until about noon. He denied in emphatic
terms that he had ever conspired to win the race
by fraud
On cross-examination after stating that he
entered the light harness game in 1900 or 1901 and
that at one time he had stable of twenty trot-
ters and later stable Of fifty running horses he
admitted that during his ownership he had be. on
horses. Mr.. Smathers said he had seen Ed Sanders
around the racetracks and had often spoken to
him. and that he had known Willard Sanders five
or six years and had at times discussed the rela-
tive merits of horses with him, but he denied that
he had discussed the merits Of any horse
with the two brothers together at any time. The
witness positively that he was not ap-
preached by Willard and Ed Sanders while no was
on the track at Lexington and that he had no
words with either of them there
Mr.. Smathers then excused just as Mr. Bill
lings entered the court room His entrance caused
a slight connection among the large contingent OF
sporting men present. After Homet J. Kline and
A. J. Ke91tng who were both Judges at the race
tilted that pr schreiber q witness for the defence
that the mare had palpitaton OF the heart Mr.
Billings was called TO the stand.
under the wire. just before the race something he
he got in the sulky and scored four times with
Major Demar. Mr.. Billings then described the
he called 10 the mare 20 so ahead. but that she
failed to respond and began to die down. lie said
did not respond although before she had always
responded TO the whip with an increase OF speed.
The witness testified on cross examination by
Mr. Ewing that he owned controlling interest
practically two-thirds-of the Memphis TrOtting
Association and that he had furnished some money
TO Mr.. Howe for the trial Of this case. He also
admitted that he had bet on running and trotting
races. Mr.. Billings said he had instructed Mr..
Tanner. who was in charge OF his stable. TO bid
$1,000 the sale of Lou Dillon. but he denied that
he had been advised by the latter not TO purchase
the mare.
Mr.. Billings denied the statement made by Mr..
Smathers that he had tried take the pole at the
OF the He said II not until the
quarter reached that he shook the up
little and tried 10 take the pole, but that the
mare was beginning 10 die down at the time and
at time she IN front Of Major Dclnnr lie
also denied telling Orlando c. Hammond. when he
was leaving tile trach that Lou Dillon had been
sick for about two weeks Mr.. Billings was then
excused. -r.-
The first witness yesterday was Dr. II. ID. Gill
q veterinary. RE testified that could with
reasonable certainty tell why the mare failed 70
keep up her usual speed.
Among the other witnesses examined
David Block. inspector Of animals in the national
Department Of Agriculture. who testified that he
had known horses 10 collapse thirty minutes be-
fore race while apparently In good condition. and
Alton = Mcdonald, Charles G. Heller and Orlando
&. Hammond. who present tho
Dr. SPRINGER, who testified before. put on
the stand late IN the Gay TO contradict DIR. GINS
testimony, and the last witness OF the day Mr..
Hammond, who was recalled to contradict the
statement made by Mr.. Billings that he had not
said the sick before the race. lie said
Mr. Billings had said words to that effect although
ton and admitted that his memory had been re-
freshed this particular incident at Il dinner In
this city At which one Of the counsel for the de-
fence was present.
trial was adjourned until Monday morning at 10
o'clock.