New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-06-24
I|PY ACQU|TS PELM
FOR DEATH IN RING
u,Ids That Blow Which Killed
NcCarty Was Not Intended
To Be Fatal.
CONTEST A PRIzEFIGHT
charge Appeared Unfavorable
n Defendant, but the Jury
Was Out Only Forty
FIVE Minutes.

c,,r,ry. Alberta June 22.-Arthur Pei
-. The pugilist. was acquitted tonight
ne ranslaughter charge placed against
~, As a result Of the death Of Luther
,,.r.rty. who died in the ring in the first
...,,S of a ten-round bout at the Burns
...,s here on May "a II was charged
!, the government that McCarty died
AVN, blow administered by Pelky.
The Jury was out forty-five minutes.
.rsourh chief Justice HarveyS charge
vas said to be unfavorable to the defend
ant
Justice Harvey admitted there was some
5rb, as 10 whether or not the contest
,as Illegal, but he said there was no
s,pb, that death had been caused by a
pov and that the jury should consider
o,lv whether the defendant was guilty OF
,agsing the death Of his opponent in an
.-ort TO win the prize placed upon the
coatsst
Peky was jubilant when he learned Of
he verdict and declared It was exactly
what he expected.
The case was given 10 the jury at $50
o'clock central time). and forty-fve min
ytss later the men fled into the court
nom with the verdict, which declared
nat the contest was a prizefght. but
hat Pelky was not guilty OF manS.augh-
lsr. inasmuch as the blow he struck was
po intended to cause fatal results.
A big demonstration followed the an
rouncement Of the verdict. and as Pelky
stepped from the prisoners box he was
warmly congratulated A general rush
vas made by friends Of the accused TO
shake his hand and 10 extend congratula-
tons
The contest which resulted in the man
Slaughter charge was a ten-round bout,
and terminated when II had been in prog
lsss less than two minutes The great
crowd had hardly settled back in anticipa-
ton Of long, gruelling battle. when Nc
Carly fell to the floor after a quick ex-
change Of blows The crown contended
hat it was during this exchange that the
isia blow 10 the jaw was struck.
When McCarty sank to the mat Pelky's
io.lowers cheered. believing a knockout
blow had been delivered. Deathlike still
rsss 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. sweeping all be
fore IL
orders were issued by the crown for the
Arrest Of all those connected with the
tsht Peky. Tommy Burns. promoter Of
the contest, Ed Smith. the referee. and
VILLAIN Mccartney, McCarty's manager,
we're taken into custody. the two last
FAMED being held only as witnesses.
Startling developments followed in rapid
secession after the principals of the af-
ia!r had been released on bonds. The
tUoners jury. which the crown charged
vas composed Of friends Of Burns, held
AZ Inquest and returned verdict eX-
,,srating Pelky and the others from all
Same. The verdict was set aside by the
dovn.
The Burns arena was burned 10 the
ground the night following the fatal con-
isst and four persons narrowly escaped
Death The origin OF the fire has never
hsn ascertained.
The trial. which BEGAN here on June 70.
1ied only four days.
The defence presented several medical
'1perts to show that death was not
zused by the blow 10 the Jaw, which the
Fosecution contended caused a subluxa-
Ton Of the neck and subsequent death.
The trial OF Tommy Burns will be held
tsre In October.