The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1910-11-15
NO CHARGE AGAINST
FOOTBALL PLAYER
Prosecuting Attorney Says
West Virginia Case Will
Not Go TO Court.

WHEELING, w. Va, Nov. 5-
Thomas Mccoy, the Bethany College
football player against whom . warrant
was issued charging the murder Of Car
tain Munk, OF The West Virginia Uni
versity team, who was killed Saturday.
viii not face prosecution, according 20
q statement Of the Assistant Prescott
ing Attorney today, following the coro-
ners verdict last night
The evidence is conflicting said As
sistant Attorney MaU-y-.- but I do not
believe that the State could ever prove
direct malice or intent 1t could Just
as wen be termed accidental as inten-
tionaL For that reason 1 informed the
jury that we did not have evidence
enough 70 hold the boy
Death Described.
a collision was the term used by
the COr0ner's jury in describing the
cause Of Munk's DEAN The verdict
possibly may be construed two ways,
but in view Of the attitude Of the at
tOrney, Mccoy IS safe from further
prosecution, which probably would not
Rave followed even If the jury had re-
ported adversely
As a result OF Saturdays tragedy,
Bethany College announced today that
~+AE-N W A-A --t ta-l-E -7e---ae- - ARDADe-A
at that Institution this year The cOun-
ell of West Virginia University has also
ordered that eleven 10 cancel all games
''AIunk headed the interference. 1
went in 20 break il up I was pretty
well dazed myself by the shock There
is no denying the game was rough Like
every other game for the State cham
pionship, every player fought for every
tncn OF ground
Il believe the authorizes who are max
ing these charges are doing IL for the
DOI0TlCIE they can get out Of II because
OF its beinS the first Of its kind in the
history O. football There is no truth
IN the statement that I ran away from
Wheeling Saturday night I heard that
4uuk was dead and that they were Ike
y 70 make trouble for me, but did not
think II was serious
7 have not decided whether this ends
my IootbaH career or even whether I
shal! return to Bethany to continue my
studies
The Verdict.
The verdict Of the jury was based
primarily upon a supplementary aft
davit Of Referee Homer young Of
PittsbUrg, who testified that he was
unable 10 swear positively that the blow
inflicted by Mccoy had been struck
with malice and generalization At the
preliminary inquest the referee had de-
clared euphaticaIly that NcCOE had
caused AIUuk's death
The verdict Of the coroner's jury read
we do say that the evidence in this
case IS conflicting and therefore we he
Ieve that Rudolph AIunk came to his
9eath on November Z by COliiding with
LhoInas Mccoy n a game of football
played u Ohio county, W. Va
20 IS understood that the jury at first
stood three TO three upon the issue Of
McCoy's alleged criminal guilt
Prosecution Abandoned
Assistant Prosecuting Attorney Fred
MaUrv was present at the inquest At
ter dozen Witnesses, including mem
berS OF the West Virginia and Bethany
teams had been heard and following the
expressions OF div rECnr opinions as to
whether Mun-'s death was accidental OF
was the result Of q deliberate assault.
M MaUrV informed the Jury that the
evidence was nOL sufficient 10 convict IN
criminal cOTrt The somewhat non
conmlttal verdict % the jury was then
returned Nj ATaUry has abandoned the
Idea Of further prosecution
The accused Dlayers against whom q
warrant charging murder was issued
SUNDAY, did not come to Wheeling He
was represented bv Luther Dav, son OF
Associate Justice Day Of the Supreme
Court and J l. zimmerman, both Of
Canton, Ohio
Members Of the jury admitted after
ward that their eNOncraticn of Mccoy
was based upon the following statement
OF Referee Young, who supplemented his
former testimony accusing Mccoy OF
criminal intent, as follows
Referees Statement.
& cannot state with absolute posi-
tiveness that Mccoy, alias Gardner,
struck Munk- Although IL appeared
TO me that he hit him on the head. Il
cannot swear positively that the act
was intentional, although there may
have been circumstances from which
II may be inferred that there was IN
tenriOD and elaboration to strike"
The body OF Aunk was removed TO
COnneISVllle- Pa yesterday for
burial II is probable that on account
OF Saturdays tragedy. West Virginia
University End Bethany viii cancel al
future games OF the season