The morning news. [volume] (Savannah, Ga.) 1887-1900, 1893-02-02
WHO KILLED JACKSON 4?
FRED GIBBONS HELD ACCOUNT
ABLE AND GETS TEREB YEARS.

He is Convicted Of Involuntary Man
slaughter Despite AIS Claim That
Dan Morrison Fired the Fatal Shot.
He Admits Firing His Pistol Eut
Says the Bullet Was a Size Larger
Than the One Put in Jackson-The
Result of Polics Scare From a
Night Game of Craps"
Fred Gibbons was tried in the superior
court yesterday for the murder Of Benjamin
jackson Sept. 9 last and was convicted Of
involuntary msnslaughter. Judge FalIi-
CANT gave Gibbons the maximum penalty.
three years IN the penitentisry. T. ID.
rockwell, Esq, defended the prisoner.
The case was a peculiar one. A crowd of
young negroes we're playing ''crsps" in the
old Walsh field, at Sims and Lumber streets.
at o'clock in the morning, when some one
cried police" A great scramble TO escape
followed, and 10 the confusion Gibbons and
Dan Morrison, who has never been seen
since, fired off their pistols once each. One
OF the bullets struck jackson in the groin
and ranged into his bladder. causing peri
tonltis to in, which resulted fatally eight
days after
Detective Morgan arrested Gibbons and
secured from him pistol which the detect
i've said was the one produced at the trial,
out which was denied by the defense, Mr..
rockwell claiming that Gibbons used 49,
cahoer revolver while the one in court was
52-callber and correspondent with the bullet
which caused Jackson's death.
COULDN'T TELL WHO SHOT JACKSON.
None Of the witnesses for the state could
say whether Gibbons or Morrison did the
killing. One testified that Morrison had
been knocked down in the rush and was
lying on his back when he fired, the bullet
going up in the air. Gibbons, this witness
said, fired in the direction of where Jack
son was.
Gibbons, in bis statement, denied shoot
Ing jackson. He claimed to be the one
knocked down in the rush, and said the
pistol, which was in his left hand, exploded
accidentally by the force of his fall. Gibbons
Insisted that the pistol he used, and the
weapon he turned over to Detective Nor
gan, was a 3S-caliber
Mr.. Rockwell made a strong argument
for the acquittal of his client on the ground
that the state had failed to make out its
case and the evidence was too conflicting to
Jeopardize a mans life and liberty Mr.
Rockwell asked that Gibbons statement of
the affair be taken in preference to the
sworn testimony and tried to prove to the
jury that Morrison's bullet, and not Glib
bons', had caused Jackson's death.
BOTH EQUALLY GUILTY.
Solicitor General Fraser closed with q
ten minutes speech. His theory was that
both Gibbons and Morrison fired in the di-
rection they supposed the police were COM
ing, and that as their intention was to COM
nit a felony, the killing of jackson, al
though unintentlonal, was nevertheless
murder under the code. Both were equally
guilty Of the resulting crime, no matter
who really inflicted the fatal wound, as
both had Joined in common cause. The
solicitor asked for verdict Of murder.
Judge Falligant charged the Jury on the
law OF murder, voluntary and involuntary
manslaughter and homicide resulting from
accident. He charged IN accordance with
the solicitor generals Interpretation of the
law relating to the equal guilt of parties for
crime where common cause was made, no
matter who might be directly responsible.
The jury decided it to be a case of invol-
untary granddaughter after celebrating an
hour and half. After Gibbons had re-
ceived his sentence he remarked to some
bystanders that be was going to the peniten-
tiary for another's crime. MIR. Rockwell
will probably appeal for new trial.