Show WHO A E lya IV in another column will bo be found a criticism of the iho backers of tho the cald horse borso for accusing two gentle mon inon of loping doping their horse at tile raco race on tile tho donth of may at tile the time aliis was written wo had not learned of any prosecution boing intended and wore trying to refute a slander on oil our friends since then jas powers and clias chas grouse have boon arrested on oil that chargo charge so now tile the justice of the matter is settled bottled by the ov done and tho the decision of the court tho the dependants plead not guilty and trial was sot sob for wednesday morning the court convened on oil time camp hullinger Hul lingor and jones for the people and britt and johnon for the defense do lenso wo we wore recommended for clork clerk of court mr camp ob objected joet d and read an article from our proof shoot to sustain him suffice to say this shoot was not procured according to hoylo hoyle and the gont gentleman loman is to answer for all tho cho publicity city tho the article has attained wo we declined the honor of the post and mr hoy manipulated the fabor first heat arkansas wins by a neck tho first witness called was W A sherrill Shorn ll to testified stifled from arkansas bu business farmer barmor was at the raco race thirty six feet from horse at time of alleged doping M saw a man take a bottlo bottle from froin the rabbit brush pour something 0 in his hand rub tho the inside of tho horses mouth also put tile the nock of tile the bottle in Us liis mouth and raising his head pour something down J D powers as the man next witness was goo brown says ho is living with sherrill Sh orrill and corroborated his testimony caused a laugh by calling 15 yards foot feet ho he said the bottlo was as largo large as a boor beor bottle and red in color saw a clear liquid poured into defendants defendant hands mr M r monahan Mo U S deputy marshall M arshall said he did not believe doping pos possible without his knowledge did not see defendant near the horse jodio holliday a lady of M mill ill ward was called to the stand site testified that she saw a heavy set light complexioned man give the caldwell horse a red liquid that led whisky slie she described tho the occurrence occur ence as tho the first witness had dono done sho she saw only one man a hold of the horse borge tho one oho with tho the bottle could not identify tho the man as she had only a hurried glimpse of the transaction 0 C rich testified tosti fied that tho the defendant had said to him that ho he could mako make a horse throw it a race and bo be as good is as over the next day al hatch testified that the iho caldwell hors borbo 0 had a cough on oil the morning 11 P bogoro the raco and had ulcerated ho holes ai es in its mouth after the race lon whittaker Whit Whitt takor alcor testified that tho the horse was all right on tho the morning of tho the day of tho the raco race he did not notice him failing until ho he load him to tho the starting 0 place af actor tor the false hoat heat ho he saw tile the caldwell horse run around chadwicks chadwicke Chad wicks half mile track three times without sli owing silis signs si lis of fatigue at after tor the raco rac 0 was w as over the horse showed pronounced symptoms of distress witness said lie ho had the horse borso at the time of the alleged do doping in 0 and that it might have boon w without iff his knowledg knowledge 0 o ile ho said the horses cough might have been caused by di distemper but that lie ho did not havo have iho cho distemper now or at the time of the race court adjourned till 10 thursday day morning mr monahan Konal lail was a witness bitne as for the defonso defense but as lie ho was wag summoned to tile the post liis his examination was made a tip ocial order before di dinner ilDer tho cornor corner stone of the pro prosecution locution is the ov ev 1 adellea of sherrill and brown who do livered it as if they meant to bo be believed mrs Holli days testimony differed in in many details from the first witnesses and was of moro more value to the defonso defense than to the prosecution unless wo we are mistaken the other witnesses merely described the condition of tile horse at various times and conversations with defendant wo we are obliged to condense this report as much as possible ss ll 11 in order to find space for it wo wo h hope opo to giva a fuller account of tho the caso case with the arguments of counsel in next weeks issue EXPRESS of may 19 heat powers a favorite thursday may loach will whittaker first witness testified that the caldwell Cald corso was all right on the morning before the race except for it a slight cough his testimony was substantially ly I 1 tho the same as his bro brothers thors on tile the day previous ho he was training the horse and had him in good condition for the race said horses horse back was corded after ho he was led bad bach from the false falio run E W guyman was called by the prosecution but as his was second hand it was not nob admitted thos Cal caldwelle Cald wolFa dwells testimony was a reposition repot of tho the statements ments of the whittaker boys as to the condition of the horse ho he said lie ho had trained the horse for a month before giving him to whittaker s care L H pierson said the horse was his posse possession sion and that ho he had no appetite was constipated and had ulcerated mouth which was improving under tret treatment ment james johnson 11 yrs ars old to testified stifled that ho he saw defendant the horse out of a boor beer bottle from which lie ho poured jurod the liquid into his hand said ee ho was 10 f ft t from horse which was between the tracks said this was done be eforo before either horse borso had run and soon after Cro grouses uses horse fell down prosecution rested C W henry swore lie he was near the outcome while tile the caldwell Cald horse was at that end after the falso heat said ho he saw defendant and tile the horse all the time and was positive defendant did not the horse at that time the cross examination showed the hand of the prosecution they took up tile the technical point that lie ho could not have seen been both constantly at the same time dr mcdonald a surgeon from the post said ho he practices in the U S army had examined Cal caldwelle dwells so ao called race horse and found him in good health hid had two small cuts in mouth one on end and one near middle of tOn tongue 0 Llo tha first a apparently p a r antly caused by a bito and the aule other r by a bridle bit A dru drug could bo be given ivon race horse that would would make hi him m drowsy but it would bo ba a dangerous experiment it would take opium from froin 1 i to an hour to act bromide of potash from 3 to 4 hours said lie knew ow horse had been over trained when ho be saw him throe three or four days before tile alio race and that this would cause him to become corded after a race said drenching usually took from 5 to 10 minutes ques would it bo be possible for a man to dru drug 0 a horse by couching droli d ching 0 on a crowded raco race track without attracting tr acting r general attention ans it would not unless ever everyone vone was blind third heat powars two lengths ahead fr friday id may patrick far who had of the grouse crouse horse durin during r the race swore lie he was with dolon defendant lint all tho the time the caldwell horse was below outcome and that he did not dope the horse edward Rod Red monds evidence was substantially the sanio same as fars henry lacourse Lii La Course Courso swore that tile the defendant was not nearer than 10 ft to horse during this time john swore ho he was close to powers and that tho the battor did noi not 1 dope tho the caldwell Cald horse jas IBS chadwicks chadwicke Chad wicks direct examination otomi nation corroborated tho the opinions of dr mcdonald in every particular in cross examination ox lie ho said there was a drug used to tamo tame and subdue horses david karron said it would havo have boon impossible for defendant or any ally ono olse to dope tile tho horse without his bis knowledge as ho he was watching horse at the time odcar collot collet swore ho he was in a running conversation with defendant durin during the greater part of tho the time mentioned boiu fourth th heat A record Broil tar saturday may 20 chas cariall can oil testified stifled co that he was wa 3 positive that powers was not nearer than 18 or 20 feet to the horse during the timo time mentioned john pope stated positively po that defendant did not go n near oar the horse during that time C B atwood swore that defendant did not adini administer nistor any aily drug to tho the horse while near him 1 I F was positive th that at powers did not give any dope to the horse the prosecution rubbed his fur tile the wrong way and got him on oil liis his ear car could not state how far powers was from horse when latter stopped at end of track K R S lundy testified fiod that ho he was near defendant 8 foot from outcome all this time and that pat far was wi with th powers wm evans was thon then called ho he has boon consorting with the prosecution for some time and it ws wils with milla mingled led expressions of doubt and triumph ump i that they awaited his evidence witness said lie ho was sent to the mountains with two parties who wore trying to identify powers as the horse doyer doper two strangers brown and sherrill camo came to wren hatch and said thoy they saw a man mail about wrens size wearing a narrow brimmed gray hat dope the caldwell Cald borso on oil the race track Wit bitnes nes wont went with those parties to mountains when they choy approached pro ached the camp witness said that must be powers when they left brown said do you think that is tile the man mail sherrill said if it is lie he has nothing to identify him but his faco face 1 brown remarked that hi his hii i mou moustache did not look the same witness said that kind of evidence would convict no one the arkansans Arkan sans talked a mill minute and sherrill said that after thinking about it lie was sure it was the mn brown said powers looked bigger than the man who did the doping cros croas ox examination ques buos did you or did you not state in the presence of camp hatch caldwell and dave woodruff that those two men pointed cointa d out powers as tho the guilty man as soon as they saw him ans no sirl sir during this narrative the complaining in witnesses looked daggers butcher knives blood and thunder at the witness and turned 14 colors no sooner had bad the witness affixed his name to this testimony than co Attorn attorney oy camp was on his foot shouting your honor I 1 demand that the witness be arre the court complied mr britt came to the rescue with wiell the law on the case and the upshot of the matter wa was s tile the release of the prisoner the co attorney said I 1 IR it was largely on this mans 13 batem ant that this action was begun agun court adjourned A warrant was at once sworn out for evans on the charge of I 1 perjury e rj u ry he immediately gave bonds to appear tuesday morning 0 for trial fifth heat grouse crouse passes under the wire at MONDAY MAY tan kempton was 8 rods above tho the outcome out come standing upon wagon wagon when horse ran alone was was wat watching horse all the timo time and said I 1 chini no ono one doped c him Defend defendant ailt then tools took tho the stand and stated that lie ho was below outcome nearly all tho the time talking to various parties arties and lid did not notice caldwell F horse borse very closely said lie ho did not know of any drug that could bo ad quickly that would unfit a horse tor for a race did not think ho wa was i within 7 or 8 foot of tho the outcome di during this time ta defense lliel liso routed mr britt said baid lie wag willing to submit the case without argument argain ent mr gamp camp aud and tho the justice postponed his decision deunion until tuesday in morning orning mr lingor said that aa tho the principal litno 9 against mr grouse crouse had bad proven unworthy thy of bo eliof lie would ask that tile tho gentleman bo be discharged squire pails turned to mr crouse and said you aro a free man sixth ilcin prosecution flies the track and powers wins with hands down tuesday morning lO 10 oclo elc judge parks arose aholo and stated tile the ovid evidence was entirely insufficient to bind over tile prisoner boner the prisoner triumphantly acquitted acquited ed od in direct dehoet opposition to the advice of the co att atty the justice asses assessed sud costs to concill con complaining lill ining wit witness noss |