Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1897-04-04
CAN'T GO IN THE PARK
PAVILION SCHEME At CHIMBORAZO
PARK Considered YESTERDAY.
CONVICTS MAY GET THEIR LIBERTY.
ommonwealth's-Atto Richard
son Raises n New Pofnt-Common
Council nnL the Budget-News OF
Cify-UsII Courts-Other Gossip.

As n general thing, Saturday IL a very
quiet day in the City Hall. but yesterday
was an exception to this rule, The large
structure was thronged with visitors
throughout the day. the courts were busy.
Captain Cunningham's Office was filled
with people who were paying their
license and other taxes. and the Council
Committee on Grounds and Buildings
held an important session in the after
noon.
This committee met at $50 o'clock in
Room No 8. for the dual purpose OF hear
ing further testimony Of City Hall en-
ployees as to their duties, and of acting
upon the Traction Company's petition TO
extend It's tracks in a loop through CHM
borazo Park and build handsome pavil-
ion on the brow Of that hill. There were
present Chairman Gunst, and Messrs.
| Briggs, Lawder, Rountree, Snead, King,
I Neale, Noble, and Brock. The body
went at once into the consideration Of
| the Traction Company's petition. Mr..
John SHELTON Williams, president OF the
| company, was first heard. He explained
that he only hoped to be able TO extend
the Broad-street tracks in small loop
| through the eastern part. OF tie park. lie
said he did not think his company could
! build the pavilion If the committee simply
granted the privilege Of running the
| tracks down Thirty-ffth street outside
OF the park to a point near the spring.
The grade was too steep and the magni-
fcent view. which It was desirable should
be had from the cars, would be
cut off. Both Mr.. williams and Mr..
sheild. counsel for the company, stated
that it was impossible for them, at that
time. 10 say ex city what sum Of money
would be spent an the erection OF the
payilion. but the structure would be Of
such character as TO meet all the re-
qulrements of. the public.
MUST BID A NICE PAVILION.
Mr. Lawder, in order TO get the matter
properly before the committee, moved
that the company be allowed to erect
pavilion on the southeastern brow OF
the hill. the same not 10 cost less than
s.. 800. This produced a great deal OF
discussion. Colonel Cutshaw, the City
Engineer. again stated his views regard
ing the question. which were, IN effect,
that the committee should allow the COM
many 10 run its tracks entirely outside
OF and around the crest OF the park.
lie felt that the parks should not be cut
up with tracks, etc, and was or the
opinion that It would be better for the
city to build its own pavilion, If It's hnan-
cial condition was such as TO warrant
this.
After considerable debate. the motion
OF Mr.. Iawder was adopted and Mr.
Briggs moved 10 permit the company 20
extend It's tracks down Thirty-hfth street
to a point near the spring. There was
some discussion over this, but the motion
was finally passed.
The committee then resumed It's in
ouiry into the duties Of the employees
OF the CITY Hall building, but did not
proceed very far in this, owing 10 the
absence OF some Of those interested. Mr.
Berry. the coal-passer OF the building
was called. and made a statement re-
garding the condition Of the boilers,
which conhicted with what Messrs.
Calder and Disney had said, and the COM
mittee adjourned without taking action.
The Common Council VIII ho'I a rcgu-
lar meeting tomorrow night at Z o'clock,
n, which will be considered the budget
for the fiscal year, 1887. 1t Is understood
that a vigorous fight will be made TO
have all appropriations to sectarian
charities eliminated from the ordinance.
Many Convicts T. BE Released.
Quite an important point was raised
I'm the City Circuit Court on Friday by
Commonw ealth' s-AttOrney ID. {. Richard
son. and it was sustained yesterday
by judge Wexford. As a result OF this
matter a number of convicts may soon be
relea sed from the pententlary Below
T. 1-t...,, fos,,r,pptuf g. tfornpv Rich
ardson's statement OF the question set
lied:
Under the statute a person who has
been convicted OF felony and sentenced
TO confinement in the penitentiary, may
have five years added to his term OF
Imprisonment II It shall be found that
no has been before sentenced on con-
yiction Of a felony By any court OF COM
potent Jurisdiction IN the United states,
and If he has been twice before
so convicted and sentenced ne is subject
to Imprisonment for life. 1t is made the
duty OF the Superintendent OF the Peni-
tertiary 10 report all such cases to the
Circuit Court OF Richmond, and the At
torney for the Commonwealth Is re-
quired TO file an information In that court,
and the question Of such former convic-
lions is tried by a jury
Several cases Of this character came
up on Friday for trial in the Circuit !
Court. Among the cases there were /
two in which a question Of Paw was /
raised which may have the effect OF !
giving several convicts now in the peni- |
tontiary their liberty.
THE POINT OF DIFFERENCE.
',The statute further provides that II /
any person convicted OF petit larceny |
has been found 10 have been twice be-
10 off
may be sentenced to confinement in the /
In one OF the cases re- 4
ferred to- the person was in the peni-
tertiary on his third conviction OF petit
and II was found that he had
been before sentenced 10 confinement
therein for felony, AMI in the second case
the prisoner was confined in the pcni-
tertiary on conviction OF a felony and
IL was found that he had before been
confined therein on conviction OF the thlrd
offence of petit larceny. The Common
wealth's Attorney and the Superlnten-
dent OF the Penitentiary desired to have
this question settled. and Mr.. IL. l.. Wat
son. an attorney OF this city, who was
present IN court and who was asked to
defend all Of the convicts, demurred TO
the information and the question OF law
was raised for the Judges decision.
"The recent case of Strother VS.. the
Commonwealth, decided by the present
Court OF Appeals, was relied upon. Judge
Wexford, after hearing argument. took
lime to consider. and yesterday morning
decided that in neither OF the cases was
the convict liable TO have the five years
added TO his sentence.
There are several conyicts In the
whose cases were tried be-
ore the decision Of the Supreme Court
and who are now serving out their five
years' additional sentences, and under