The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1913-06-24
Not Guilty of Manslaughter
in Causing the Death
of McCarty
VERDICT RETURNED
AFTER As MINUTES
The Contest Was a Prize Fight, the
Jury Said, and the Blow Which Pei
key Struck Was Not Intended to
Cause Fatal Results.

CALGARY, Alberta, June "a. =
Arthur Pelkey, the pugilist, last night
was acquitted of manslaughter
charge brought after the death of Luth-
er McCarty, who died in the first
round of bout here on May "a.
1t was charged by the government
that McCarty died from a blow adj
ministered by Pelkey. The jury was
out only As minutes before returning
the verdict, although Chief Justic Har-
yey's charge was said to be unfa-
vorable to the defendant.
In his charge to the jury Judge
Harvey admitted that there was some
doubt as to whether the contest was
illegal, but he said there was no doubt
that death had been caused by blow
and that the jury should consider only
whether the defendant was guilty of
causing the death of his opponent in
an effort to win the prize placed upon
the contest.
Pelkey was iubilant when he learned
of the verdict and declared il was
exactly what he expected. The YER
diet was 10 the effect that the contest
was n prize fight, hH- that Pelkev was
not guilty Of mau uuhter. inasmuch
as the blow b. stIs-a was not intended
A big demonstration followed the
announcement 81 the verdict ami as
Pelkey stepped from the prisoners >
box general rush was made by
friends of the accused to shake his
hand and TO extend congratulations.
The contest which resulted in the
manslaughter charge terminated when
it had been in progress less than two
minutes. The great crowd hardly had
settled in their seats in anticipation of
a long gruelling battle, when Nc
Carly fell to the floor after a auic k
exchange of blows. The crown conten-
ded it was during this exchange that
the blow to the jaw was struck
When MeCarty wilted to the floor
Pelkey followers in the stands
cheered voeiferously. believing a
knoe kout blow had been administered.
Deathlike stiffness followed, however,
when the pugilist failed to show any
| sign of life.
| Doctors soon pronounced him dead.
Scenes of wild disorder followed and
| the crowd rushed into the ring, sweep
| ing all before it. Orders were issued by
| the crown for the arrest of all those
connected with the fight.
Pelkey, Tommy Burns, promoter of
the contest; Referee f. Ed. Smith and
| William Mccartney, McCarty's mana
ger, were taken into custody. the lat
ter two being held only as witnesses
Startling developments followed in
rapid succession after the principals
of the affair had been released on
bonds. The coroner 5 jury. which the
crown charged, was composed OF
friends of Burns, held an inquest and
returned a verdict generating Pelkey
and the others from all blame. The
verdict was set aside by the crown.
Burns 5 arena, where tie bout tool
place, was burned to the ground the
night following the fatal contest, and
four persons narrowly escaped death
The origin of the fire has never beer
| ascertained.
The trial, which was begun June
10, lasted only four days. The defense
presented several medical experts tt
show that death was not caused by
the blow to the jaw, which the prose
cution contended caused subluxatiol
of the neck and subsequent death.
The trial of Tommy Burns will b,
held here in October.