Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-11-15
mccoy NO HOMICIDE
Cleared of Charge Of Murder
in Foot Ball Killing.
AFFIDAVIT OF UMPIRE
Young Refuses to Testify That Blow
Was Struck.
PROSECUTOR FINDS NO CASE
Unwilling to Take Matter Before
Magistrate-Coroner's Jury
Decides to Acquit.

WHEELING, w. Va, November 15.-
A coroner's jury last night exonerated
Thomas A. Mccoy. right end of the Beth
any College foot ball team, Of resronsi-
| bility for the death of Capt. rudolph
Munk of the West Virginia University
eleven in the game played here last Sat-
urday.
After hearing fifteen witnesses and re-
ceiving a second affidavit from Homer
N. Young. the Pittsburg attorney who
| umpired the game, the jury found that
"the evidence in this case is conflicting,
therefore We believe that Rudolph Munk
came to his death by colliding with
Thomas A. Mccoy in a game of foot
ball"
Afidavit Of Umpire.
Youngs second affidavit. which reached
Coroner Rogers by mail yesterday after
noon. read:
II desire to make the following qualifi-
| cations of my testimony as given before
the coroner November Is:
Il cannot state with absolute positive
ness that Mccoy, alias Gardner struck
Munk. although it appeared to me that
| he struck at him about the head. I cam
| not state with absolute positiveness that
| the act was done Intentionally, although
there may have been circumstances from
| intention or elaboration to strike
In the face of this, however, the jury
| was nearly an hour in r. aching verdict.
Most of the time 1t stood three to three,
agreed upon because of Pros cutor
Maury's intimaion in an address to the
jury that he would not feel justified in
taking the case before a committing mag
istrate.
Mccoy Not Present.
Mccoy was not present at the hearing.
remaining at his home, Canton. Ohio. by
advice Of his counsel, j. L. Amerman and
Luther Day, a son of United States SUI
preme Court Justice Day. The two spent
the afternoon in conference with the
coroner and the prosecuting attorney.
When the inquest began at pm, they
took their places among the spectators.
and at no time did either of them ask
or suggest question to a witness. Not
until the coroner called counsel aside for
| a consultation before submitting the case
to the jury did the defense take any part
| in the hearing.
Day then announced that IL the case
was to be taken any further he would
have to ask for an adjournment. so that
he could get his witnesses together.
| One Of the witnesses heard was Prose-
| cutting Attorney R. L. Ramsay of Brooke
| county. w. Va. who was at the game.
Il saw the accident to Munk" he testi-
| fed. land Immediately after it happened
| ! saw the man later found was Mccoy
hurry OF the field. AS he went heard
him say: =
They've been slugging me all after.
noon. but got him that time"
"simply the Usual Mode"
A. L. Mcfarland Of st. Clairsville, Ohio.
himself foot ball player, testified:
II saw Munk knocked down. heard his
head hit the earth SO hard It knocked
his headgear OF, and heard the umpire
saying to some fellow, 4 don't want to
catch you doing that again.
Il saw fists flying on both sides, but
couldn't say whether Mccoy struck Munk
or whether he just collided with him. I
should say though that It was simply
the way
J.. N. Townsend, the Bethany coach.
was certain that Mccoy had only broken
up Munk's interference with Bell. a West
Virginia haifback.
Paul H. Rudy, a Bethany half. was
positive that Munk had simply had bad
luck.
Carl Bachman the West Virginia full-
back. thought that Munk had never re,
covered from his injury of a year ago.
because he always talked loud and uueer
after that and he couldn't remember
what you said to him unless you repeated
it,