The morning call., 1893-10-26
PROVING AN ALIBI
Witnesses to the Rescue
OF Evans.
WAS NOT ToVEY' s MURDERER
The Accused Tells How Sheriff Ben
Thorn Induced film to Make
Confession.

eapse before the Evans case will be given
to the jury. The testimony for the de-
fense was proceeded with to-day. Frank
Rocks testified that be left On the 18th OF
June and went in a cart with his daughter
10 his son-in-law, George r. Kendall. in
lone Valley, and returned home on the
10Th. The defendant was at Rocks when
he left and when he returned. He never
saw the pipe produced in court in the
hands of Evans. Witness gave the defend
ant wood pipe. but not like the one pro-
duced. Defendants beard was between
two and three inches long when he left
Rocks ranch June 16. Evans was poor
marksman. He had seen him shoot at
rabbits and chickens and he couldn't hit
his mark.
Mrs. Murphy. daughter of Rocks. also
testified to the same effect. In the absence
of her mother at Wallace June Is, she pre-
pared dinner that day and knew Evans
was there.
Mr.. Dye also gave evidence as to the
pipe and the defendants beard and poor
craftsmanship.
Evans was then called in his own,behalt.
While he does not manifesto any indit-
ference still his manner is not such as
would be expected of one who fully real
lied the gravity of his situation. With the
aid of memorandum y hich he said he
wrote two days ago, be detailed his where
abOuts from June u, until his arrest Oh
July II. a day or two after being landed
in jail be was handed by Spanish Jack two
slips of paper, apparently cut from a
newspaper and purporting to be a con-
farciou Doeda bv at
charging him the killing of Tovey. After
reading them he was told to tear them up
which he did.
He was then urged to make confession
and thereby save his neck. He reflected
if the Rocks family, who were the only
parties who knew of his whereabouts on
the 18th of June. had gone back on him for
the sake of reward, he was gone under
those circumstances so he made the al
legged confession. 1t was bogus, and
frightened out of him. He was nowhere
near the scene of Tovey's murder at the time
OF the crime nor for many days before or
after. He was taken along the lone road
one Sunday since his Imprisonment in
Jackson in company with Sheriffs Greg
ory and Thorn. Helwas taken as far as
Mountain Spring House.
Coming back Ben Thorn said: "Now,
Billy, look out for the place." At GER
tain point the buggy was stopped and
Thorn said: This is the place; here's the
buckeye tree" He said he did not know
anything about it. He went through some
motions with stick in his hand to repre-
sent gun. Thorn asked how he masked
his face.
II told him l burned the grass" said the
defendant, land rubbed my hands in the
ashes and smeared my face" he said,
You couldn't get enough that way" Then
/ told him l made some charcoal / was
asked to point out where the pipe was
picked up. 1 could not. l never lost
pipe on the 18th nor the 10th of June. l
lost pipe about the 20th near Modesto.
I'm the San Andreas Jail was shown a
lot of pipes and asked to pick out the one
that belonged TO me. While l was looking
Gregory said. Hadn't it a plug in !t?'
Spanish Jack said, Yes, hadn't 1t a piece
of fine wire around it?' l then picked out
the pipe produced in court. | had never
seen the pipe before that l told Thorn /
lost a briar-root pipe with straight stem.
l told Thorn l never had a rife.
Masterson said, There many ways
of getting a rife. George Ringer
could get it for you got pencil.and
paper from Spanish Jack, and wrote a
letter to Mrs. Halfway to produce the
rife belonging to her son, as the Rocks
had sworn against me, and they are the
ones who know where l was on the 18th.
never had that rifle in my hands in my
life. / also wrote TWO other letters, one to
Mrs. Rocks and one TO Mr.. Rocks, and
told them to tell the truth. as they knew [
was innocent. A reply purporting to be
from Mr.. Rocks was brought me, saying:
bill, I've done with you now. You are
the cause of my wife being arrested"
After reading il Spanish Jack told him
to tear it up, and be did. Frank Rocks
can neither read nor write. The defen-
dants crOss-examination will be pro-