hurried out of the State of Colorado with all possible speed, without the knowledge of his friends or his counsel; that he was at the usual place of business during Thursday, Friday, Saturday; that no attempt was made to arrest him until 11:30 P. M. Saturday when his house was surrounded and he was arrested … thrown into the county jail…. On Sunday morning, the officers of the State, and “certain armed guards, being a part of the forces of the militia of Colorado,” provided a special train for the purpose of forcibly removing him from the State…. He was forcibly put on said train, and removed with all possible speed to Idaho; that prior to his removal and at all times after his incarceration in the jail at Denver, he requested to be allowed to communicate with his counsel, and the privilege was absolutely denied him. The train, it is alleged, made no stop at any considerable station, but proceeded at great and unusual speed, and that he was accompanied by and surrounded with armed guards, members of the state militia of Colorado, under the orders of the adjutant-general of the state….²⁸

Moyer and Pettibone both petitioned the Supreme Court of Idaho for release on a writ of habeas corpus. Their petitions were denied by this court and by the U. S. Circuit court, and the U. S. Supreme Court upheld their refusal on these grounds:²⁹

Even if the arrest and deportation of one alleged to be a fugitive from justice may have been effected by fraud and connivance arranged between the executive authorities of the demanding and surrendering states so as to deprive him of any opportunity to apply before deportation to a court in the surrendering state for his discharge, and, even if, on application to any court, state or Federal … he would have been discharged, he cannot so far as the Constitution or the law of the United States are concerned, when actually in the demanding state, in the custody of its authorities for trial and subject to the jurisdiction thereof … be discharged on habeas corpus by the Federal court. It would be improper and inappropriate

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