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 Waddoll appeared foi 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--Thc 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 offcnse, the same, ii 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 exhaustive explosion
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 q
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 tho Union where there is nc
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 The legislators repealed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 oil
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 fol
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 frequentinga place, and does
not become a crime on single visitation
ant is charged with but single visit tc
the place and the purpose for going is no
yet made known. To inveigle person
into place under false pretenses is ont
thing and quite different from volun
tary visit even should the grounds O
crime be established in case. A justice'
court is limited in civil cases to $500, ant
in criminal suits the limit is placed a
$500 and six months imprisonment.
is plain to see how this law admits of
magistrates discretion and thwarts til,
district courts in their jurisdiction. Thes,
present trials nre most exciting, and the,
are
NOT wAdEp FOR THE GOOD OF PUBLIC
MORALS
So much rs to heap calumny and dis
grace upon the element called the Gen
tile party. To take from the Distric
Court such cases and place them in the
Justice Court is to make IL mockery o
justice, as has often been witnessed in
this community. The charges are ground
less in this case, and as it gees SO vii
follow the others in the wake.
AT . o'clock this afternoon lie Grande
Young delivered lengthy speech in OPP
position to the many points produced b,
Judge Mcbride. Young was followed by
Mr.. Farley Williams, who furthe
spoke for the respondents, and cteC
many authorities in support of thu
right to try the case in the
Justices Court, where the suit wa
started. 1t was claimed that the respond
ents have jurisdiction concurrent with lin
District Court, with the exception of
Grand Jury, and but six for a petit jur,
! in place OF twelve as provided in TIN
higher court. The case proved the mos
exciting one OF the season and will prob
ably continue tomorrow.