Miami Union

December 18, 1880

 

KELLY, JOHN - On Trial for His Life - Gilbert Giberson, the Alleged Murderer of John Kelly, the Pan Handle Brakeman - On the evening of the 25th of last August just after an eastern bound Pan Handle freight train had left the D. & M. crossing a couple of men were discovered stealing a ride.  The conductor went to them and ordered them off the train, and after some parley they climbed down the ladder on the side of the car and jumped off.  Almost immediately the conductor saw a flash and heard a report from a pistol fired by one of them.  On returning to his engine the conductor found lying, upon the fourth car from which the men had alighted his brakeman, John Kelly, his head pierced by a pistol ball.  Kelly was transferred to a west bound train and taken to Piqua where he died four or five days afterward.  The conductor gave a description of the men to the officers and the same night two young men answering the description were arrested at the D. & M. crossing.  Being identified by the conductor they were bound over to court.  They gave their names as Gilbert Giberson and Frank Holmes.  A revolver was found in the possession of each of them--the one found on Giberson had one empty shell which had the appearance of having been lately fired.  Into this shell the bullet taken from the head of the murdered man fitted.  Both Holmes and Giberson were indicted by the Grand Jury for murder in the First Degree, and Giberson, whom the State charges with the shooting, has been on trial since Tuesday.  A special venire of thirty-six jurors was subpoenaed, as the statue requires, from which a jury composed of the following named gentlemen was selected: Henry G. Ullery, J. W. Dye, G. A. Peirce, John Saunders, Jacob Curtis, Levi Falkner, Wm. P. Martin, D. A. Kessler, Amos Rake, Martin Shearer, Wm. Snodgrass, Leo. Euring.  As the prisoner was indigent the court appointed Messrs. S. S. & J. F. McKinney, to defend him.  Prosecutor Earnhart has been assisted by Stephen Johnson, Esq.  The only direct evidence the State had to introduce was that of the conductor of the train, Mr. Saeger.  He wore positively that Giberson was one of the men who was on the train, the first one to climb down and the one who did the shooting.  The argument of the case was begun Thursday morning and lasted all day.  Prosecutor Earnhart closing for the State on Friday morning.  After the Judge's charge, which was a clear statement of the law governing the case, the jury retired to their room and after being out a short time brought in a verdict of murder in the second degree.