Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-11-23
HERE'S A PRETTY HOW DYE DO.
Deputy yandercook Arrested by tie
City Police for ssUnlawfui''-
ssTaken From the City
Jail,,' Etc.

Should history be written with rec
letter for every startling event known
here. upon every page would be found {
crimson capital. Every day brings fortf
its issue, and so accustomed have the
people become to excitement that they
live in expectancy of it. Recently, how
ever, little has occurred to break the
monotony, but on Saturday evening the
"spell was broken the occasion being
the arrest of Deputy Marshal Wander
cook, who was "taken in" by the police
at the Utah Central depot as he got of
the evening train from Ogden. The news
OF his arrest spread through the city as
quickly as though he had been SELF
exiled polygamist who had re-
turned and given himself up to
the minions of the law. Ever
since it has been the chief topic of con-
versation Many and various have been
the speculations as to what the result
will be in this particular case and what
may follow, especially as it is rumored
that the officers OF the church party have
"booked" large number of our leading
citizens for the same offense. which is, as
alleged in the Vandercook complaint,
"gewd and lascivicus conduct" committed
with one Mrs. S. j. Field. The COM
plant is sworn to by B. Y. Hampton,
and places the 9Th of last August as the
date when the offense was committed.
Mr.. Vandercook upon his arrest was
Immediately taken to the City Hall,
and after some delay, the complaint was
read to him. Before this official act was
proceeded with, Marshal ireland, Mr.
Varian and other of Mr. Vandercook's
friends came to render him what assist
ance they could. After this Mr. Wander
cook was released on $500 bonds, Messrs.
Hugh Anderson and G. p. Mason going
his security.
Soon after the arrest OF the deputy, the
police walked into the station with G.. E.
Pearson, U. S. Commissioner for Davis
county, and at present lawyer OF this
city. Mr.. Pearson had been arrested for
the same ofense, upon a similar COM
plant, which set forth in plain terms that
the crime had been committed with one
Lydia Bailey, onJune 18th. Pearson was
released on $500 bond, Lindsay Sprague
and w. w. Wood becoming security.
Vandercook's case was set for a hear
ing this morning before Judge Spiers, and
that of Pearson's for tomorrow.
Some considerable time before the hour
set for the hearing at the Police Court this
morning large crowd gathered at the
City Hall. The crowd increased till every
available inch outside of the railing was
taken up, and the hallway was damned
to the outer doors. Judge Speirs, prose-
cutting attorney, Moyle, Sip Kenner, B. Y.
Hampton, and other city officials, scribes
from all the town dailies, shorthand re-
porters, and several others were inside the
railing before 10 o'clock Among the
officers of the court there was an air of
profundity and importance as though
the High Council was in session.
Mr.. Vandercook did not put in an APP
pearance, and the time wore YEARLY
away till an hour had passed. Marshal
Phillips then stepped into the room and |
whispered something to Mr.. Moyle and |
then to the Judge, and in few seconds,
just as Mr.. Moyle was about to speak, up |
popped kenner and announced to the |
court, much to everybody's astonish-
ment, that the case of Vandercook had |
been taken to the District Court on writ
of hdbeas corpus, and that he would be
discharged or remanded back to the JUS
tees court With crestfallen air the
justice meekly and weakly said, that
being the case, his court had nothing
further to do in the matter until it was
known what action the District Court
would take.
At this point the crowd cleared the
City Hall and Immediately proceeded to
the Federal courtroom. In short time
MIR. Jos. l.. Rawlins stepped forward and
addressed the Court in substance as fol-
ows: In the case of Vandercook, brought
before this Court on writ of habeas cor
pas, the parties in the case were all in
court and ready to proceed with the pc
tition
The Court asked if counsel for the CITY
vas in court, at which the young prose
,utIng attorney, Mr.. Moyle, said that he
ieslred little time to get prepared for
he case. Two O'Clock this afternoon was
hen set for the hearing. Mr.. Wander
ook, by mutual consent of counsel, was
flowed to 60 on his own recognizance.
he following is copy of the body of the
'etltion for the writ of habeas corpus.
The petition of Oscar Vandercook shows :
hat he is now a prisoner confined in the
ustody of W. 81. Phillips, Marshal of Salt
AXE City, in the city and county Jail of '
alt Lake, for supposed criminal offense,
'-wlt Lewd and lasclvious conduct and Q
sxual intercourse, in violation of CITY a
rdlnance; which ordinance your petitioner q
leges to be invalid.
Your petition also shows that such confne- !,
ent Is by virtue of a warrant a COPY of
hlch is hereto annexed; and also upon "
rltten complaint, copy of which is here
so annexed. il
Your petitioner prays n writ of habeas cor II
Is to the end that he may be discharged o.
ON custody. =;
Signed. OSCAR VANDERcoox u u
A few minutes after the courtroom was G.
'ened this afternoon it was packed by N
eager crowd of spectators, anxious to m
ar the proceedings in the Vandercook
Sc. Counsel for the city, in the persons w
the legal firm of Williams & Young. m
no had been retained by the city dur ne
3 the noon intermission, asked the ia
'urt to allow an extension of time in the be
Sc, as counsel for the city wished to to-
'k into the matter. Mr.. Williams fir
d that the question before this fro
1rt was a matter of deciding th
to the validity of the city ordinance tn
der which the petitioner who asks for in
writ OF habeds corpus had been arrested. DO
e question does not involve the guilt
innocence of the petitioner or prevent
n In any way from the discharge of his
ues upon the court, counsel having SO Tu
reed. ole
COUNSEL for the petitioner, j. L. Gu
Wins, once prosecuting attor- pls
for the city, was prepared to
ue the case, but as the matter had He
y been in their hands but little time
prepare argument, he would ask for a HI