The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1853-12-12

LOCAL MATTERS.
ARREST OF A MURDERER. - Yesterday
morning officer Irving of this city succeeded in
resting at the Broad Street Hotel OclA"!us Nc
LYLEs, fugitive from justice. charged with the
murder of Thomas M. Garner, at place called the
Cove in Anne Arundel county, Maryland, ON the
7th inst McLyles does not pretend to deny that he
killed Gamer, but AYERS that he was justified in so
doing. Governor Lowe, of Maryland has offered
reward of $500 for his capture. McLyles arrived in
this city Saturday afternoon, in the northern train
of cars, and took lodgings in the hotel in which he
was arrested. He is now confinod in Jail, awaiting
requisition from the Governor of Maryland.
The murder is said to have been committed under
the following circumstances: A party of men were
waiting on Wednesday night for the arrival of the
steamer Patuxent at the store of Lyell l. Smith,
near the Cove, Herring Bay, when an alteration
which merged into fight, began between Octavius
McLyles and Thomas M. Garner. Whist the two
scufling, McLyles drew knife and stabbed
Garner in the region of the heart, with such fata
effect that he breathed his last at o'clock the next
morning. The murderer Immediately fed. Garner
resident of Calvert county, Md, and leaves
wife and FIVE children to mourn his sad end.
The RICHMOND AND FREDERICKSBURG
RAILRoAD.--As our readers already aware a me-
mortal is pending before the City Council nu-
merousy signed by residents of ShockOe Hill asking
the removal of the Richmond and FIR dar1cks sbprs
Railroad from Broad street. The petition sets forth
that property in that section of the city epreca
ted in value, business injured, and the lives of the
people endangered by the road. AS usual in all such
cases, the people are divided on the expsdency of
the question involved-some taking sides with the
road and decaIingsthat the city had induced the
Company to put it i'll Broad treet and tn ereby com
PEELED heavy outlay for its construction as we'll as
for depot workshop, and other building IS it woud
be right to force the Company to tear up the
road and erect its buildings esewhere-whe others
contend that it is the duty of the Council to order
the removal because the property alon its line is de-
preciated in value byit business rendered stagnant
and lives endangered by the passage of the cars to
aud fro. Without intending to offer opinion upon
the merits of the question involved, it seems to us
that the Company made great mistake in locating
the road where it IS, instead of going South at the
Western line of the city, down the ravine leading
East of the Pentenary, and having their depot and
their workshops in proximity with the Petersburg
Road
From all that has been said this subject there is
very little doubt that the Courts will eventually be
called upon decide between the people of Shockoe
Hill and the Railroad, for if the Council gives its
verdict in favor of the memorialists be fore it. then
the Company will test the judgment of the Council
before Court of Justice, and if it should decide in
favor of Railroad then the memoriaists will ap-
peal to the Court. So that, in any event. the memo
rial is bound to lead lawsuit, and the sooner the
Council dsposes of the subject before them, the
the vexed question of whether the road shall
remain in Broad street or not, will be settled. Our
advice both parties is to keep cool and test their
rights fairly.
Before the Mayor on Friday, witnesses were exa-
mined on charge aeainst this Company for permit
ting their to remain on Broad street for longer
period of time than allowable by the city ord
dinances-that is, for them to load and unload and
make up their trains. On Tuesday night last about
| O'Clock as Messrs. James Lyons and ohm A. Hicks
were passing up Broad street, they discovered two
passenge and two three trucks standing on
the track in the street. Mr. Lyons called the atten
ton of Capt White to the obstruction, and the Cap
tain reported the to the Mayor the morn
ing, who issued summons against the President and
Directors of the Company requiring them to appear
before him and show cause why they should not be
fined. Mr.. Lyons had repeatedly seen these obstruc-
tions both day and night Oftentimes the oags were
stretched Seventh street. rendering it only
impossible but extremely dangerous to persons who
| had occasion to traverse that street. On occa-
sion in returning home with his family, in his car
riage, their lives put in great jeopardy by this
yery circumstance and he attributed his escape to
the simple fact that he driving his horses the
| night being very dark one and getting to the
road he felt his reins sacken and instantly stopped
them they might have Veered to the right or left
upset the carriage, taken fright and killed crippled
every soul with him. On another OCCASION his sister
| ana himself nigh being by the cars;
aud subsequent to this his wife and himself came
nigh being crushed in attempting to the
| in a buggy. Not longer than Wednesday night the
horse of Mr. Blair attached to his buggy took ght
from truin cotnipg in ran of and tore the buggy to
pieces. This time the citizens became much ex-
asperated that they threatened the track UP
a once, but after the excitement OF the moment,
thought better of it and resolved let their memo
rial be acted upon by the Council He did not desire
| 10 see the Company fined. All he asked was that
| the Mayor shoul5 decide whether or notit law
full for the to obstrnct the street by ght and
| day longer than contemplated by the ordinance
| under which the summons issued.
| Mr.. Ruth, one of the Superiutendents of the Com
pauy stated that he had adopted the plan of taking
the engine Of the street in five minutes after ia
arrival, and of Gstachiug the and disposng
the as that cross street should be obsructed.-
| The trucks and freight trains taken into tbs
yard it could be done, but it had been tht
universal practice to place the passenger cars upoI
the track in the street. ct al early hour of the
ing and permit them to remain there until o'cIocl
at night, lie had not supposed that this in con
tiict with the city ordinances, as that course hat
| heretofore been pursued.
| Judge Crunp. who appeared counsel for thu
| Company. readily admitted that the cars were al
| annoyance to persons Broad St. eet, but like al
| other improvements, 1t was a necessary one. II
| was sure the Company did desire to TRANSCEND
their rights violate the city ordinances. BY the
| present arrangements, the streets were uo
now unnecessarily obstructed and as that portion Q
| the street on which the stand, from its heav
grade, could be used by vehicles he felt satise
that the streets were less obsructed By the presen
| plan than if the Company were take them frou
the track aud carry them into their depot, and TO
= | this reason: The mail train arrives al half past
| O'Clock in the afternoon, and departs again at
| O'Clock. Now, cars very unwieldy things /
handle and it requires considerable time to take then
into the yard and bring them out again. II the Com
| pany compelled TO put them away on their arr
val they would necessarily be forced to obstruct tn
North side of Broad street. leading from the track
their yard from the hour they arrived until they de
parted, as they could net be taken backwards All
forwards in much Iesz time than four five hours-
For this reason be hoped the Mayor would not de
eide that they should be removed, as by doing 5
the Company would be compelled to create create
| nuisance, by thus taking them TO and fro, than b
permitting them remain on the track in the centr
Of the street. where they obstructed nothing, an
could be of no Inconvenience to any one. He desire
| the Mayor to bear in mind that If he decided th
ears should be removed, aud the Company afterward
complained against for obstracting the North side
Broad stIeet In that removal, that he should plea
his decision as a justifeaion for the obstruction.
The Mayor decided that it the duty of th
Company to put up thsr cars, and not permit the