Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-12-10
THE vANDERCOOK CASE.
Argument OF Counsel Before the
Third District Court.

A>large crowd of eager listeners filled
the Third District Court room to-day to
hear the Vandercook habeas corpus case
before Judge Jane. Judge Mcbride con-
Quoted the defense, and Williams &
Young, Franklin D. Richards and At
torney Waddell appeared for the prosecu-
ton.
On request of Marshal Ireland through
Mr. Varian, Mr.. Vandercook was excused
from appearing on account of some i'm
portant official work to perform.
Judge Mcbride moved the court for the
discharge of Defendant Vandercook on
the following grounds: First-The COM
plant does not charge the petitioner with
any offense. Second-The warrant is
sued pursuant to said complaint is void,
for reason that no sufficient complaint
existed for its issue. Third-Said Justices
court has no jurisdiction to try the al
legged offense, the same, if any offense,
being only punishable by indictment,
regularly found by Grand Jury in the
District Court.
The whole forenoon was consumed by
Judge Mcbride in an exhaustiveexplosion
of the complaint, which was shown to
be defective throughout its construction
The charging of lewdness constituted
NO GROUNDS FOR CRIME
Being committed by the defendant. The
Utah Legislators, in forming the present
code, conferred certain powers upon the
Justices Court beyond the power set
forth in the Organic Act. The Constitu-
ton of the United States provides that
every man shall be entitled to trial by
twelve jurymen, and not subjected to
trial by six, as the statute of Utah con-
fers upon Justices Court. The phrase
prostitution" is only applicable to
females, and has no bearing to the male
sex at all. Utah is the only spot
in the Union where there is no
law against adultery, fornication and in
cest, which are. sexual crimes the wide
universe over. The legislators repealed
the prohibitory laws against fornication
and adultery, and provide no punishment
for these crimes. The punishment of |
incest never was upon the statute books |
OF Utah. The makers of the law have |
Jumped matters off in loose manner |
under such vague and general terms as
"lewdness," which is necessarily left for
the Court to interpret The defendant
In this case cannot know what to plead
when the charges are not definitely
stated and made clear. The term, ere
sort, means frequenting place, and does
not become a crime on single visitation.
as the word clearly implies. The defend
ant is charged with but single visit to
the place and the purpose for going is not
yet made known. To inveigle a person
into place under false pretenses is one
thing and quite different from volun-
tary visit even should the grounds of
crime be established in case. A Justices
court is limited in civil cases to $500. and
in criminal suits the limit is placed at
800 and six months imprisonment. It
IS plain to see how this law admits of q
magistrates discretion and thwarts the
district courts in their jurisdiction. These
present trials are most exciting, and they
ire
SoT wAGED FOR THE GOOD OF PUBLIC
MORALS
SO much as to heap calumny and dis
race upon the element called the Cen
lie party. To take from the District
jourt such cases and place them in the
ustice's Court is to make mockery of
ustice, as has often been witnessed in
his community. The charges are ground
ess in this case, and as it goes so will
ollow the others in the wake.
AT O'clock this afternoon lie Grande :
'oung delivered lengthy speech in op-
osition to the many points produced bv
Judge Mcbride. Young was followed bv =
lr:. Farley Williams, who further !.
poke for the respondents, and cited !
,any authorities in support of the '
ght to try the case in the =
ustice's Court, where the suit was '
tarted. 1t was claimed that the respond u
nts have jurisdiction concurrent with the
district Court, with the exception of I
rand Jury, and but six for petit jury u
place of twelve as provided in the !,
igher court. The case proved the most N
Sclting one of the season and will prob
NV pOntinI1a fo.p,orrou,