Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1871-08-30
LOCAL NEWS.

This case. rs has been alreauy StateQ, MaS
orged before Judge Cockerille OF the County
court yesterday:
his own behalf, and on behalf OF such other
Iand owners on said turnpike as may come IN
and Join in the expense and cost OF the pro-
ceeding:. e h~;o,-
,.ord On the Washington turnpike, and 10 his
i;l alleged that certain parties acting under
~. ~, authority of the Washington and Alexan-
1r;, Turnpike Company, the Alexandria aud
fredericksburg Railway Company, and the
Washington and Richmond Railway Company.
r-orp engaged in tearing up said turnpike road
r;th the view of constructing and operating a
ra;lroad over and upon the same; that the eft
sact of such acts is a complete and entire de-
.rructiou of the turnpike road between Wash
;notop and Alexandria; that it prevents travel
w6ether on horseback or by carriages, &C.; that
tbe work was both public aud a private
nuisance that unless the same WAS stopped 1t
vould cut off the coterminous land owners
9oug the road from all egress from or ingress
70 their farms or any communication with either
# the above named cities; that the Turnpike
Company owned but easement in the land
and the grantors had still reversion IN such
land as soon as it ceased to be used rs turn
nike, and that the act of Congress charterln1s
said Turnpike Company provided that 1t should
}, kept an open public road forever; that
the said companies were proceeding IN 'loia'
ton of their charters The bill therefore
prayed for IN injunction against them, when
Injunction was granted on the l4th day OF Au-
gust, 1871.
The case came up yesterday upon a motion
10 dissolve such injunction. The " aShlngtoh
and Richmond Railway company filed no
answer because there is no such a company III
existence, their charter never having been ac
,,.pted. The answer of the w aShlngtOn ana
Alexandria Turnpike Company alleged that It's
object in prosecuting the work complained or,
WAS TO regrade its turnpike. which they had 4
;,ertect right to 10, aud that il was thus engagg-
I'd with large force of men and horses when
,be Injunction was served. 1t also denied that
the re-grading would destroy ur annlhllate the
turnniSe, or Interfere with travel thereon, or
that il WAS eithcra public or private nuisance,
or that iugrcsS To or cercss from the tarns on
the road would lr obstructed or in any wise pre-
vented, or that it held only AZ easement In the
land covered by the turnpike but that it had
the absolute title in fee simple. or that it Was
proceediug in violation Of its charter, and that
even If it were. it was rot matter that could
10 ruouired into in :, collateral proceeding like
this, ~ that Freddy. even il delnnlted, could
obtain redress in Court Of equity.
The answered. the Alexandria and Frederlcks
burg Railway Company denied that certain
parties in its interest were tearing up she wash
ington Turnpike, but that the regarding there
of Was being; done by tue turnpike company.
1t also denied that it was doing anything IN
Jury of the complainant.
Il, r. j al a
mulrer to the bill because of multitariousness
and miSjoiuder Of parties
Each party filed a multiplicity Of athdavlts to
support their respective positions, and after the
same, together with the other pleadings, had
been read to the Court, the argument OF the
case was commenced and continued until late
hour in the afternoon. 1t was argued with
great ability by the respective counsel, with a
citation and production ofnumerous authorities.
At the conclusion, the Judge took the papers
md announced that decision might be ex-
pected between this and next Monday.
ARRESTED BY TELEGRAPH. The Mayor re-
,eiTed telegram yesterday from James Rob-
Illson proprietor of the circus that exhibited
here last week, directing that George S. Cole,
agent Of Mr. Bissell, proprietor Of the minstrel
troupe and candy stand attached to that circus,
be arrested when be arrived here on the train
from Charlottesville, and sent back to that
town. Capt Webster was at the depot when
the train arrived and made the arrest as order
ed, and sent Cole back under charge Of officer
Shrakcs on the train that left here last night.
When they reached Charlottesville the prisoner
was taken before Magistrate. but as no charge
Vas brought against him he was released and
arrived here again on the train that came in
this morning.
SEEKING FORTUNES. ON Sunday evening
last Charles Dufey, Joe Addison, Willie Mills
and Joe Whiteley, aged respectively from four
teen to sixteen years, carried away by reading
highly wrought descriptions Of life in the South
west, left their homeS clandestinely and started
on foot Tor Texas, to seek tleir fortunes as cat
tie drivers They took with them two shot
guns, two, revolvers and two dirk knives, and
were provided with a map of their proposed
route. AS may we'll be imagined their parents
are greatly distressed. and any information con-
cerning the whereabouts OF the youthful wall
derers will be thankfully received.
A Sulr.-A letter from Fairfax Court House
TO the Baltimore Sun, says IN. W. Robin
son, prominent lawyer of Chicago, has been
here for several days taking dispositions to be
used in the Circuit Court Of Cooke county, ILL.,
nois, in suit involving large amount of real
estate in the city of Chicago. The plaintiffs in
the suit are the heirs Of the late j. {, Gunnell
ofthis, place, against Carswell and Others of
Chicago, the object being to recover property
sold by r. H. Cockerile rs trustee Of j. G..
Gunnell to Carswell and others Judge G. T..
Sinclair of Prince William, represents the
heirs, and NJ W. Robinson. of Chicago, the
defendants.
SAMPLE MERCHANTS section l0l Of the
present revenue law of this State, any resident
merchant, mechanic, or manufacturer, has the
right to sell anywhere within the State by sam
ple card, description, or other representation,
his goods, wares or merchandise, without pay
ing to the State any tax other than such as he
pays upon his capital, etc. This is an impor-
tant advantage conferred by the law upon home
enterprise. Under the law,theretore, every res
dent merchant Il & samula merchant without