Ker v. People of the State of Illinois

CourtUnited States Supreme Court
Writing for the CourtMILLER
Citation30 L.Ed. 421,7 S.Ct. 225,119 U.S. 436
Decision Date06 December 1886
PartiesKER v. PEOPLE OF THE STATE OF ILLINOIS

119 U.S. 436
7 S.Ct. 225
30 L.Ed. 421
KER
v.
PEOPLE OF THE STATE OF ILLINOIS.
December 6, 1886.

Page 437

C. Stuart Beattie, for plaintiff in error.

Geo. Hunt, Atty. Gen. of Illinois, for defendant in error.

MILLER, J.

This case is brought here by a writ of error to the supreme court of the tate of Illinois. The plaintiff in error, Frederick M. Ker, was indicted, tried, and convicted in the criminal court of Cook county, in that state, for larceny. The indictment also included charges of embezzlement. During the proceedings connected with the trial the defendant presented a plea in abatement, which, on demurrer, was overruled; and, the defendant refusing to plead further, a plea of not guilty was entered for him, according to the statute of that state, by

Page 438

order of the court, on which the trial and conviction took place.

The substance of the plea in abatement, which is a very long one, is that the defendant, being in the city of Lima, in Peru, after the offenses were charged to have been committed, was in fact kidnaped and brought to this country against his will. His statement is that, application having been made by the parties who were injured, Gov. Hamilton, of Illinois, made his requisition, in writing, to the secretary of state of the United States for a warrant requesting the extradition of the defendant, by the executive of the republic of Peru, from that country to Cook county; that on the first day of March, 1883, the president of the United States issued his warrant, in due form, directed to Henry G. Julian, as messenger, to receive the defendant from the authorities of Peru, upon a charge of larceny, in compliance with the treaty between the United States and Peru on that subject; that the said Julian, having the necessary papers with him, arrived in Lima, but, without presenting them to any officer of the Peruvian government, or making any demand on that government for the surrender of Ker, forcibly and with violence arrested him, placed him on board the United States vessel Essex, in the harbor of Callao, kept him a close prisoner until the arrival of that vessel at Honolulu, where, after some detention, he was transferred, in the same forcible manner, on board another vessel, to-wit, the City of Sydney, in which he was carried a prisoner to San Francisco, in the state of California. The plea then states, that, before his arrival in that city, Gov. Hamilton had made a requisition on the governor of California, under the laws and constitution of the United States, for the delivery up of the defendant as a fugitive from justice, who had escaped to that state on account of the same offenses charged in the requisition on Peru and in the indictment in this case. This requisition arrived, as the plea states, and was presented to the governor of California, who made his order for the surrender of the defendant to the person appointed by the governor of Illinois, namely, one Frank Warner, on the twenty-fifth day of June, 1883. The defendant arrived in the city of San

Page 439

Francisco on the ninth day of July thereafter, and was immediately placed in the custody of Warner, under the order of the governor of California, and, still a prisoner, was transferred by him to Cook county, where the process of the criminal count was served upon him, and he was held to answer the indictment already mentioned.

The plea is very full of averments that the defendant protested, and was refused any opportunity whatever, from the time of his arrest in Lima until he was delivered over to the authorities of Cook county, of communicating with any person, or seeking any advice or assistance in regard to procuring his release by legal process or otherwise; and he alleges that this proceeding is a violation of the provisions of the treaty between the United States and Peru, negotiated in 1870, which was finally ratified by the two governments, and proclaimed by the president of the United States, July 27, 1874. 18 U. S. St. at Large, pt. 3, p. 35.

The judgment of the criminal court of Cook county, Illinois, was carried by writ of error to the supreme court of that state, and there affirmed, to which judgment the present writ of error is directed. The assignments of error made here are as follows: 'First, that said supreme court of Illinois erred in aff rming the judgment of said criminal court of Cook county, sustaining the demurrer to plaintiff in error's plea to the jurisdiction of said criminal court; second, that said supreme court of Illinois erred in its judgment aforesaid, in failing to enforce the full faith and credit of the federal treaty with the republic of Peru, invoked by plaintiff in error in his said plea to the jurisdiction of said criminal court.

The grounds upon which the jurisdiction of this court is invoked may be said to be three, though from the briefs and arguments of counsel it is doubtful whether, in point of fact, more than one is relied upon. It is...

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644 practice notes
  • U.S. v. Riviere, Nos. 90-3128
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • 31 Enero 1991
    ...offense for which he had not been extradited. On the same day that it decided Rauscher, the Court released its opinion in Ker v. Illinois, 119 U.S. 436, 438, 7 S.Ct. 225, 229, 30 L.Ed. 421 (1886), holding that a defendant kidnapped in Peru and forcibly removed to the United States could be ......
  • Chandler v. United States, No. 4296.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • 28 Febrero 1949
    ...1892, 146 U.S. 183, 13 S.Ct. 40, 36 L.Ed. 934; Mahon v. Justice, 1888, 127 U.S. 700, 8 S.Ct. 1204, 32 L.Ed. 283; Ker v. Illinois, 1886, 119 U. S. 436, 7 S.Ct. 225, 30 L.Ed. 421; McMahan v. Hunter, 10 Cir., 1945, 150 F.2d 498, certiorari denied, 1946, 326 U.S. 783, 66 S. Ct. 332, 90 L.Ed. 47......
  • U.S. v. Zabaneh, No. 87-1112
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • 9 Febrero 1988
    ...Fifth Amendment due process rights. Frisbie v. Collins, 342 U.S. 519, 72 S.Ct. 509, 511-12, 96 L.Ed. 541 (1952); Ker v. Illinois, 119 U.S. 436, 7 S.Ct. 225, 30 L.Ed. 421 (1886); United States v. Postal, 589 F.2d 862, 874 n. 17, 885 (5th Cir.1979); United States ex rel. Lujan v. Gengler, 510......
  • State v. Mitchell
    • United States
    • Supreme Court of Connecticut
    • 1 Julio 1986
    ...S.Ct. 1244, 1251, 63 L.Ed.2d 537 (1980); Frisbie v. Collins, 342 U.S. 519, 522, 72 S.Ct. 509, 511, 96 L.Ed. 541 (1952); Ker v. Illinois, 119 U.S. 436, 440, 7 S.Ct. 225, 227, 30 L.Ed. 421 (1886); State v. Fleming, supra, 198 Conn. 262-63, 502 A.2d The adversarial probable cause hearing at is......
  • Request a trial to view additional results
643 cases
  • U.S. v. Riviere, Nos. 90-3128
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • 31 Enero 1991
    ...offense for which he had not been extradited. On the same day that it decided Rauscher, the Court released its opinion in Ker v. Illinois, 119 U.S. 436, 438, 7 S.Ct. 225, 229, 30 L.Ed. 421 (1886), holding that a defendant kidnapped in Peru and forcibly removed to the United States could be ......
  • Chandler v. United States, No. 4296.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • 28 Febrero 1949
    ...1892, 146 U.S. 183, 13 S.Ct. 40, 36 L.Ed. 934; Mahon v. Justice, 1888, 127 U.S. 700, 8 S.Ct. 1204, 32 L.Ed. 283; Ker v. Illinois, 1886, 119 U. S. 436, 7 S.Ct. 225, 30 L.Ed. 421; McMahan v. Hunter, 10 Cir., 1945, 150 F.2d 498, certiorari denied, 1946, 326 U.S. 783, 66 S. Ct. 332, 90 L.Ed. 47......
  • U.S. v. Zabaneh, No. 87-1112
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • 9 Febrero 1988
    ...Fifth Amendment due process rights. Frisbie v. Collins, 342 U.S. 519, 72 S.Ct. 509, 511-12, 96 L.Ed. 541 (1952); Ker v. Illinois, 119 U.S. 436, 7 S.Ct. 225, 30 L.Ed. 421 (1886); United States v. Postal, 589 F.2d 862, 874 n. 17, 885 (5th Cir.1979); United States ex rel. Lujan v. Gengler, 510......
  • U.S. v. Medearis, No. CR. 02-30026.
    • United States
    • United States District Courts. 8th Circuit. United States District Courts. 8th Circuit. District of South Dakota
    • 22 Noviembre 2002
    ...Medearis' Motion to Dismiss should be granted on Fourth Amendment/jurisdictional grounds? The answer is "no." [¶ 18] In Ker v. Illinois, 119 U.S. 436, 7 S.Ct. 225, 30 L.Ed. 421 (1886), the Supreme Court indicated that the mere fact that a defendant has been arrested in violation of the Four......
  • Request a trial to view additional results

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