petition and the motion to dismiss were the only pleadings filed in the cause. Thus it becomes material to examine the allegations of the petition for the purpose of ascertaining whether a cause of action was stated of which a federal court could take cognizance.
The petitioner in substance alleges that on June 13, 1933 (ten days after the murder), he was placed under arrest by Chicago officers at Eagle River, Wisconsin, without a warrant or process of extradition, was handcuffed, placed in the back seat of an automobile and forced to accompany them into Illinois. At that time no criminal charge had been placed against him and he "was not even a fugitive from justice." While at Eagle River, Wisconsin, so it is alleged, the police officers froma subsequent amendment thereto, states in considerable detail the efforts made by petitioner to secure his release by proceedings in various courts. Inasmuch as one of the important questions of the case is whether petitioner had exhausted his state court remedies, we shall subsequently discuss this phase of the case.
The petition alleges that petitioner "was deprived of due process, and that he has been restrained of his liberty and is being restrained of his liberty contrary to the provisions of the Illinois Statutes, the Illinois Constitution, the 4th and 5th Amendments of the Bill of Rights, and Article 4 and the 14th Amendment of the United States Constitution."
Certain exhibits are attached to and made a part of the petition, including extracts from the evidence introduced at the trial.