The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1913-06-24
ACQUIIS P[lKEY
CHARGED WITH
MANSLAUGHTER
Jury at Calgary out But Forty
Five Minutes
CONTEST WAS A PRIZE FIGHT
Judge Says Mccarthy Was Undoubt.
eddy Killed by Blow on Jaw
in Prize Ring.

Calgary, Alberta, June 24.-Arthur
Pelkey OF Chicopee. the pugilist, was
acquitted last night of a manslaugh-
ter charge which was placed against
! him as a result of the death of Luz
| Their Mccarthy, who died in the first
round OF a scheduled 10-round bout at
the Burns arena May "a last. 1t was
charged by the government that Nc
| Carly died from a blow administered
| by Pelkey. The jury was out only IS
minutes before returning the verdict
although Chief Justice Harvey's
charge was said to be unfavorable to
the defendant.
In his charge to the jury, Mr.. Har-
vey 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 con
slider only whether the defendant was
guilty of causing the DEATH of his op
ponent in an effort to win the prize
placed upon the contest Pelkey was
Jubilant when he learned of the YER
dict and declared 1t was exactly what
he expected. The case was given to
the jury at $50 o'clock Central
time).
The verdict was TO the effect that
the contest was prize fight, but that
Pelkey was not guilty OF manslaugh-
ter. inasmuch as the blow he struck
was not intended to cause fatal re-
suits. A big demonstration followed
the announcement and as Pelkey
stepped from the prisoners box gen
eral rush was made by friends of the
accused to shake his hand and TO ex-
tend congratulations.
The contest which resulted in the
manslaughter charge was a schedul-
ed 10-round affair, and terminated
when it had been in progress less
than two minutes The great crowd
hardly had settled in their seats in
anticipation of long grueling bat
tie when McCarty fell to the floor af-
ter quick exchange of blows. The
crown contended it was during this.
exchange that the blow to the Jaw
was struck. When McOarty wilted to
the floor, Pelkey followers in the
stands cheered vociferously, believ.
ing a knockout blow had been ad-
ministered. Death-like stiffness fol-
lowed, however, when the pugilist
failed to show any sign of life. Doc
tors soon pronounced McCarty dead.
Scenes of wild disorder followed and
the crowd rushed into the ring sweep
ing all before 1t.
Orders we're issued by the crown
for the arrest of all those connected
with tho nromoffnp. of tha 6ubt %.
key, Tommy Burns, promoter of the
contest, Referee f. +. Smith and Will
liam Mccartney. McCartys manager,
were taken into custody, the latter
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's jury, which the
crown charged was composed of
friends of Burns. held an inquest and
returned a verdict generating Pei
key and the others from all blame.
The verdict was set aside by the
crown.
The trial, which was begun Thurs
day, lasted only four days. The de-
Tense presented several medical ex-
pttNS " huON That uedlu WAS not
caused by the blow to the jaw which
the prosecution commended caused
subluxation OF the neck and subse-
quent death.
A rider added to the verdict said |
the contest was prize fight and ask |
ed that the Alberta government i'm. |
mediately take steps to stop such con |
tests. Justice Harvey declares the |
rider was unnecessary and that his |
charge and the verdict would accom- |
plish that. He said there had been |
doubt before as to the Interpretation |
of the law on the matter of what con.
stituted a prize fight, but that here
after there would be no doubht. Ad-
dressing Pelkey, the Judge pronounc-
ed him discharged that It had been
proved that Intentionally he had not |
struck a fatal blow. The jurors then
were discharged.
Pelkey left last night for Chatham.
Ont, to see his young wife. Before /
leaving he declared he would not re
tire from the ring but had no definite
engagements in view