The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-03-14
SEEN BY THE DRIVER
Evans Positively Identified as
TOvey's Slayer.
The Accused Maintains That the
Shot Was Fired by His Double,
a Man Named Sharp.

JACKSON, March 13.-In the Tovey MUIR
der trial to-day the twelfth juror was Sc
cured without difficulty. and the taking Of
testimony was at once proceeded with.
The case moves along much faster and
smoother than the first trial.
D. c. Radcliffe, the stage driver, was
first called. He positively identified Evans
as the man that fired the fatal shot. He
noticed him behind buckeye bush about
twenty yards before the stage reached
that point. he was in a STOPPING position,
the gun raised ready to fire. Radcliffe
kept his eyes On him for fully three Sec
0nds before the shot was fred. He was
positive that Evans was the man.
He recognized him by his glttering gray
eyes, also his nose and peculiar walk, as
though one leg was shorter than the other.
He gave description of the man to
parties in Jackson the same evening, but 1t
was not the same description as he now
gives. 1t was after be saw Evans in the
San Andreas Jail, after his arrest for the
Tovey murder, that his present description
was fixed In his mind.
DR.. b. II. Scbaeht testified as at the first
trial as to the fatal nature of Tovey's
wounds. and c. Calvin as to finding the
45-calber bullet about Tovey's clothing as
he was dressing the body.
Mrs. Neal testified that in May, 1898,
Evans came TO her house near Comanche,
and, speaking of the killing of the Roder-
SIM girl on the Sheep-ranch stage, said the
man did not mean 10 kill her and was
sorry he had done so. He meant to kill
Tovey. and be would get him yet
On June Is or IL he came 20 her house
again and said, did you hear the news +?
Tovey is killed." and he appeared to be
very much elated over it. He seemed more
jovial and pleased than usual. Evans was
known among his neighbours as Cray
Bill"
Mr.. Reese testified as at the former tria!
about Evans applying for work at his
place on the Sunday after the murder, and
talked as If he knew all about the killing.
He was not certain whether the defendant
gave his name as George Gordon or Will
liams Evans on that occasion. From the
way the defendant talked Reese took him
to be the man that did the shooting, aud
told bis brother so. Reese was frightened
at his manner. and armed himself for any
emergency, as Evans slept in his barn that
night. Evans agreed 10 go to work chop
ping wood, but did not do so.
William Kennedy, a new witness, said
that Evans called at his place e few days
after the killing and said, "They Amt
hunting very hard for the man that shot
Tovey since they found out W hat kind of q
man Tovey was" Evans told Kennedy
that Sharp was in lone two days before
the shooting, and found out where Tovey
kept his gun; that he entered Tovey's
| room and took the gun ana extracted the
charge from it.
Evans told Kennedy that Sharp went
the next day and hid behind stone wal
| and shot Toyey. After firing he asked il
that was Tovey, and the driver answered
that it was. He then asked him if he was
dead. and the driver replied that he was
Sharp then said: That's all / want to
know. ] don't want TO rob or harm any
one also" Evans also told him that Sharr
was dressed the same as he (Evans) was
The witness was In Crescent City at the
time of the last trial and be did not then
testify.
Sheriff Thorn was next examined as t.
defen dant's arrest. The question OF the
admission of the defendants alleged con.
fessoD, and whether that confession was
extorted by threats or inducements of re.
ward will be gone into tomorrow. The
prosecution wanted the question to be sub.
mitted on the evidence taken at the frs
trial, but the defense declined. The case
| willlprobably be concluded this week.