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Firstly, because Tox passed him on while in distress. Secondly, I'm basing it on the substitutions. It's unlikely that two mafia members would be eliminated in that situation; it's more likely to be town members. Silver confirms this with his role. Thirdly, if the killer gets lucky, Tox won't survive the night anyway, and if he doesn't, it doesn't really matter.
Tox could have intentionally used his "madness" to clear Spir. Nebo always plays like that; he NEVER cares about the game process. And Spir, by the way, plays differently when he's playing as a town member.