The record-union., 1894-03-14
Special to the REcoRp-uNrox.

Special to the RECORD-UNIoN.
JACKSON, March Is. = In the Tovey
murder trial the twelfth juror was Sc
cured without difficulty, and the taking
of testimony was proceeded with. The
case moves along much faster and
smoother than the first trial. D. c.
Radcliffe, the stage driver, was the first
witness called. He positively identified
Evans as the man who fired the fatal
shot. He noticed him behind buckeye
bush about twenty yards before the stage
reached that point. He was in a stoop-
ing position with the gun raised ready to
fire. He kept his eyes on him for full
three seconds before the shot was fired.
He was positive that Evans was the man.
He recognized him by his glittering gray
eyes. also the nose and peculiar walk, as
though one leg was shorter than the
other. He gave a description of the
shooter to parties in Jackson the same
evening. 1t was not the same descrip-
ton as he now gave. 1t was after he saw
Evans in the San Andreas Jail after his
arrest for the Tovey murder that his pres
ent description was fixed in his mind. |
Mrs. Neal testified that in May, 1893,
Evans came to her house near Comanche,
and, speaking of the killing of the Rod
ersini girl on the Sheep Ranch stage, said
the man did not mean to kill her, and
was sorry he had done so. He meant to
kill Tovey, and he would get him yet
On the 10th or 18th of June hecame to
her house again and said Ibid you hear
the news that Tovey is killed ?'' and he
appeared to be tickled over it. He seemed
more jovial and pleased than usual
Evans was known among the neighbors
as "Crazy Bill.'
William Reese testified as at the former
trial about Evans applying for work at
his place the Sunday after the murder,
and talked as if he knew all about the
killing. He was not certain whether de-
fendant gave his name as George Gordon
or William Evans. On that occasion,
from the way defendant talked, he took
him to be the man who did the shooting
and told his brother so. He was fright
ened at his manner. and armed himself
for any emergency, as he slept in his
barn that night. Evans agreed to go to
work chopping wood, but did not do so.
William Kennedy, new witness, said
Evans called at his place few days after
the killing and stated: "They amt hunt
ing very hard for the man that shot
Tovey since they found out what kind of
man Tovey was.'i He said Sharpe was
in lone two days before the shooting and
fOunQ OUT Wner6 lOSey kept MS gun;
that he entered his room and took the
gun and extracted the charge from it..
Sharpe went next day and hid behind a
stone wall and shot Tovey. After firing
he asked the driver if that was Tovey.
The driver answered, ''Yes." us he
dead ?" The driver replied, EYES,"
Sharpe then said, "That's all l want to
know. / don't want to rob or harm any
one else.' Evans said the shooter was
dressed the same as he (Evans) was.
Witness was in Crescent City at the last
trial, which was the reason he did not
then testify.
Sheriff Thorn was the next witness ex-
amined as to defendants arrest.
The question OF the admission of de-
fendant's alleged confession, or whether
that confession was extorted by threats
or inducements of reward, will be gone
into tomorrow. The prosecution wanted
the question TO be submitted on evidence
taken at the first trial. but the defense de-
clined.
The case will probably be concluded
this week.