The morning call., 1893-12-12
LAST BATCH OF TESTIMONY.
How a Cow Was Mistaken for
the Bandits and Killed.
EVA sToUTLY CoNTRADICTED.
Arguments Begin and There Will Be
Great Flights of Oratory on
Both Sides.

FRESNO, Dec. 11.-At the resumption of
the trial of Chris Evans this morning f.
Faris was called to the stand and gave an
account OF how he met Evans and Sontag
on the trail in Sampson Flat September
10, 1892, and how they had asked him not
to tell the posse of the meeting. On that
occasion Evans said: "There are nine
men hunting for US and / wish you would
q OF tell them you have seen US"
The witness told them he would not
give them away, and be did not for long
time afterward, except that he Informed
Clark Moore of it. a question as to the
conduct of the posse vas ruled out by the
court.
Attorney Kinds again took up the read
ing of the Visalia papers which he had be-
gun last Saturday. The main point was
that the posse on Niger Creek shot and
killed a cow by mistake for Evans aud
Sontag.
George Goodrich testified he had heard
Andy McGinns of the posse say: IF we
get sight of Evans and Sontsg we'll
crack them over"
Jim Young, who had testified for the
prosecution. was then put on by the de-
fense. He described his cabin where the
fight took place and stated that Z. S.
Mainwaring, the young EngIshmaD. sus-
pected of acting as decoy. had rifle,
shotgun and q revolver at the cabin on the
dsy OF the shooting.
The defense here announced that their
case. except one witness, Hart. who was
not to be had. was finished. Kinds again
requested that the jury be taken to Young's
IrAn I'D h.
and the prosecution began It's testimony in
rebuttal.
Sands Baker was called to the stand for
the sixth time In the trial. He was asked
again what Vic Wilson had said about
catching Evans aud SoDtae. II have
never heard your opinion of Evans and
Sontag." said Vic Wilson, addressing
Baker. "Ths people up here think Evans
and Sontag are very dang rous msn. but
think that If we get the drop on them
Evans will squeal like a stuck pig. 1
don't think they will fight"
Baker said the remark was caused by
his informing Wilson that Evans and Som
tag were dangerous men and had il in
especially for the Southern Pacifc's dstec-
tives and officers.
\. H. Denny of Vlsalia was another
witness for the rebuttal. He went out TO
Evans house with Smith and Witty on
August 5.
Tupper offered to prove that no shot was
fired in Evans house on that occasion.
The court held that this was not rebuttal,
but part Of the original case. and refused
to admit IL as evidence.
VIII Smith was next called and was
question ed as to when the IDdans came to
Visalia from Arizona. II was intended as
contradiction of Eva Evans, who claimed
they were In Visalia early in August
Smith said the Indians were never in VI
salia before the evening of September 13,
the day OF the Young's cabin fight, but
they arrived from Arizona and were in the
vicinity OF Visaia on August G.
George Sontsg was recalled and con-
tradicted Eva Evans testimony concern
Ing the prelIminarIes that led to the fight
at Evans house. He knew nothing but
what Eva Evans told him and she omitted
some things In her account TO him that
she had told on the witness stand. This
closed the evidence and arguments began.
Assistant District Attorney Snow
opened ior the people and upon the con-
cusion Of his argument the court ad-
journed. The court requested the at
torneys on both sides to prepare in
structions by tomorrow evening which
they desire to give to the jury. The re-
quest was pro ably made for the instruc-
tions to go in thus early in order that the
court could carefully consider them. The
case is one OF many fine points of law and
without doubt ali the parties engaged are
ANXIOUS to make good records.