Daily Los Angeles herald., 1883-02-14
The Legislature.

Lowth0r, Dayton, v; "A d Sperry, Stock
ton, Cal
The Legislature.
AssEMBLY-Thc vote by which the
Agricultural Pavilion Appropriation
bill was killed was reconsdered aud the
bill passed, AZ to 20.
The vote killing McClure's Senate bill
No. ~, the Verbal Amendment bill,
was reconsidered and passed.
Leverson got reconsideration OF yes
terdays vote refusing to pass the Emo
tional Insanity bill. The hill finally
passed, as to 20, The principal features
Of tho bill are that o person accused of
crime and pleading insanity shall have
the question OF insanity tried first and
with no reference to the crime. II the
plea Is found to be false. the fact that it
was made shall be considered an aggra-
walton Of the offense charged. The
question of insanity may he tried by
Court or Jury. In case Of homicide,
where insanity Is plead and sustained,
the Court shall commit the accused to
an insane asylum from whence he shall
not be discharged unless upon proof that
he was not insane a. the time of the
commission OF the offense charged, and
in such case he shall upon being dis
charged from the asylum be recommitted
for trial for the original offense charged.
Heath's Assembly bill passed. 1t pro-
vides for the formation OF county agri-
cultural associations and for their man
agement by the state.
HOLSTERS ELECTROMAGNETIC bill was
passed, 80 to 49, The bill prohibits the
use of milk or any product of the COW
in the manufacture of Oleomargarine;
compes all who serve or sell the sub
stance to notify the user or purchaser
and provides for punishment by fine and
imprisonment for any violation of the
provisions of the bill.
The morning session was occupied in
discussing the laws in relation to the
opening and laying.out of roads.
After recess the following bills were
passed HOLSTERS Assembly bill, estab.
fishing the State Board of Horticulture
aud appropriating money for its expenses;
Wharton's Assembly bill, compelling in
dividuals, companies or corporations
owning or controlling water for purposes
of irrigating to distribute the water pro
rata among purchasers in time of scar
city; Leverson's Assembly bill, TO pre-
vent common carriers from making a
discrimination and unjust and extortion-
ate charges. Tho following were bills
losti Matthews Assembly bill, providing
for change of the boundaries of San
Benito county.
The Reid aud Patton Examination.
BAKERSFIELD, Feb. l3.-On the open
ing of Court this morning counsel for the
defendants moved their dismissal on tho
ground that tho evidence was not suffi-
cient to establish the criminal charge.
Overruled. Conductor Reid took the
stand, but there was nothing specially
new in his testimony. He mentioned
seeing the bodies of tramps about the
wreck who were not ON the train before
reaching Tehachepi. He thought three
minutes had not elapsed between his
entering the station at Tehachepi and
the train starting.
In the afternoon Patton, brakeman,
testified that he was perfectly sober at
the time of the accident; set the brak es
of the last coach firmly, walked along
the platform with Miss Collins, $50 feet |;
lantern went out, after relighting it saw
end of baggage car descending grade;
always custom to assist ladies with par
cles to station; brakeman are instructe d
to assist in handling baggage, express
and mail at stations; know rule of com
pany forbidding rear brakeman not to
leave his post except to flag following
trains. Gross COMMUNICATION
told me to take lady Off; going to the
station is not considered leaving the
train the train must have started the
moment | entered the station, otherwise
| could have caught il; was in the sta.
ton about minute and half; look =
ing out | saw the train quarter of a
mile away; the grade is very steep a
short distance from the stations; the wind
was stiff; the train would move rapidly;
| set one brake before leaving; | suppose
one brake would hold 80 or 40 freight
cars; certain that l did not leave the
train without setting the brake: the
train could not have left if the brak e
had not let off; human hands must have
let it off; the mir brake was exhausted
when put on the brake; as proof that
| set the brake when leaving the coach,
the engine backed for stock to take the
pin out and uncouple, and the train did
not move.
The cases were submitted and arecess
till four p. N. On reassembling the court
decided that Conductor Reid was in the
discharge Of his duty but that brakeman
Patton was guilty of gross criminal neg
ligence in leaving his post, and held him
to appear before the higher Court in
$500 bail, which was furnished.
Freight Train Dltchcd
BAKERsFIELD, Feb. l3.-The south
bound freight train, of 10 cars, ran into
sand drift last night four miles south