The Hawaiian gazette., 1909-02-09
ATCHERLEY Gets
NEW GUARDIANS

uLU UUHlIUIIltHu
Dr. John lAtcherley and Mrs. At
cherley gave up their apartments
suite-in the Magoon building yester-
day and are now at their homie ON
Emma street. But for the fact that
deputy of High sheriff Henry S Office
is pacing before the house. all would
be serene in the Atcherley family
circle. The deputy sheriff is there on
the order of the Supreme Court of the
Territory. so the physician will be cat
home" of necessity until o o'clock
tomorrow morning, when his case
comes before the Supreme Court again
The appeal from the order discharging
Atcherlcy from custody, issued by Cir
cult Judge Robinson, was advanced on
the Supreme Court calendar and Il
came up for hearing yesterday morn
ing. The Arguments of Attorney Gen.
eral Hemenway and City and County
Attorney Cathcart, for the prosecu.
ton, and Attorney Magoon, for Al.
cherley, consumed the morning session.
and it was not until o clock that
a decision, temporarily disposing of
the case, was hrnded down by Chief
Justice Hartwell
Appeal a Supersedeas.
1t is due to the individual, al
legged to be restrained of his liberty,
and also to the public,' reads the
opinion of the Supreme Court, 'sthat
a case like this be heard promptly,
and it is for this reason that the rules
provide for the advancement of
habeas corpus cases upon the calendar.
"We will hear the argument in this
case on Wednesday next, beginning at
8 O'Clock in the morning. The Attor-
ney General will file his brief by 9
o clock tomorrow morning M tbr lat
est, furnishing a copy to Mr.. Magoon,
who will file his brief the following
morning.
"Under Section 1861, Revised Laws,
an appeal operates as supersedeas of
the order of release. Under the prac-
tise in habeas corpus proceedings, the
appellate court has the same right to
give direction concerning the custody
of a person said to be restrained il
legally, pending its decision which the
court had which granted the writ.
"The court directs that DR.. Atcher
ley be placed in the custody of the
High Sheriff and kept ut his (Dr. At
cherley's) home until further order Of
, the court
Order Brings Joy.
This is the order that allowed At
cherley to take his goods and chattels
and leave Magoon' IS Office. 1t is be-
lieved that the order was welcomed
by the police officer who was detailed
to guard the door of the Magoon
a building and also by Magoon himself
: for the law offices We're not designed
!, for ''week end'' nor as a rostrum
for public speaking.
The question of Atcherley's mental
:, competency was not before the SUI
= preme Court yesterday; only the tech
: nical question as to whether an appeal
> from an order, of discharge on writ
4 of habeas corpus acts as a supersedeas
+ and stay of execution being the only
a question under consideration.
q Magoon argued at length that to al
low an arrest of judgment on appeal
h after the issuance of discharge on g
I habeas corpus writ would nullify the
v principle and leave the prisoner with
out immediate recourse. But the Su
preme Court took the Attorney Gen
eral IS view of the question and so the
deputy sheriff trailed Atcherley home
Wants Mortgage.
A petition was fled yesterday in the
Circuit Court by Helen A. Cushing
o ham, in which she asks permission OF
J. the court to secure n mortgage of NOT
:, to exceed $4,000 in the aggregate, or
J. the Holt block. The petitioner is thu
Q guardian of James R. Holt, Helen A
n Holt and Irene A. Holt, minors, and
E states that the amount is needed tt
meet the expenses of educating thu
children, paying the taxes and upkeel
\ of the estate. Since the year 1902
! when Mrs. Cushingham was appointed
y guardian of the Holt minors, three OF
them have attained their majority
Valentine s. Holt, Waite E. Hol
, and Amelia A. Holt.
!, 1t is declared in the petition tina
h TO meet the expenses connected witt
+, the administration of the estate it hui
:, been necessary to secure cash ad
; vances. and that this debt alread,
| amounts 10 ploo-.ou anu lihl Ppis
d more Will be needed by June 30 o.
\. this year. Two mortgages have to b'
|. paid, one for $4,000 on the Holt block
}, and one Tor $4,000 on the Makik prop
2, ertv of the estate.
5. The trustees of the estate of w. c
s, Lunalilo are mentioned as being willini
d to advance the $4,000 on the Holt blocl
v. and portion of Grant 20oS on Mauna
]. kea street Mrs. Cushingham joins wit
the other heirs in release of her RICH
ID of dover, in the'letiton.
D. Suit over Land.
y, An answer in the suit of Mary A
e, Downey against Emalia Silva was file
yesterday by the defendant which dc
m MES that the land that was embraced i
=. Royal Patent 100, award 1921 to jaime
IS Mahony for Noke, is now owned in fe
s, simple by Mrs. Downey. The answe
n, states that the defendants in the actio
n have been in possession and OWNERSHIP
%, of the land for the past twenty years