The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-02-12
ATCHER[EY GETS
A JURY TRIAL
The Supreme Court Supports
the COnstitutionaIity of
Commitment.

In an opinion written by Chief JUS
tice Hartwell the Supreme Court of the
Territory held yesterday that The com
mitment of Dir. John Atcherley to the
insane asylum by District Magistrate
Andrade was constitutional and legal,
but the tribunal also ruled that Atcher-
ley has the right of appeal to the Cir
cult Court and judicial trial, y
which means that twelve men must now
be called to pass upon the mental COM
potency of the physician.
According to the opinion of the SUI
preme Court, Atcherley should now be
patient of DIR. Peterson of the insane
asylum for the document concludes
"the petitioner should be remanded to
custody under the order of commit
ment. and it is so ordered.'' But the
return of Atcherley to the asylum was
prevented by the issuance of an order
by Judge Andrade which turned the
prisoner over to High Sheriff Henry
for confinement in the Atcherley home
pending an appeal. The appeal has
been perfected by Attorney Magoon
and now jury must decide whether a
man who carries on conversation with
a modern sewer pipe is perfectly sane
or whether 1t is sign of dementia,
Americana or otherwise. Attorney Ma
COON will also be given another oppor-
tunity to show that shooting up'
another man s house is simply an ordi-
nary indiscretion that the best of us
might he guilty of at any time.
Has Right to Appeal.
The portion of Chief Justice Hart
well s opinion dealing with the validity
of Judge Andrade's commitment and
the right of Atcherley to appeal is as
follows:
cit therefore follows that the district
magistrate IS order of commitment was
valid, and the only question is as to
the proper custody of the petitioner
| pending his appeal from that order, his
right to appeal being clear not only
from the broad construction given to
| the general statute in Elk Parte All Oh,
| Is Haw. 534, but from the specific
| language of Section 1862, Revised Laws.
Under Section 1861, Revised Laws, an
appeal duly taken and perfected oper-
ates as a supersedeas, subject to the
power of the district magistrate, upon
| good cause shown, to allow appropriate
action to be taken for the enforcement
of his order pending appeal, as provided
| in that section.''
Call Attack Sham.
An effort was made in Judge De
| Bolts court yesterday to show just
what kind of 'sft'' had George Kale-
KIM, on trial for wife murder, when
he created a scene in the courtroom
| just before adjournment at noon We'd
nesday. The weight of testimony tend
| ed to favor the contention of the prose
cution that Kalekini's sudden attack
| was not real, but that it was assumed
| for the purpose of making an impress
/ sion upon the jurors in connection with
the defendant IS plea of hereditary in
sanity.
Calls 1t Fake.
/ Deputy U. s. Attorney Rawlins, who
| was one of those that assisted in sub
DUNG Kalekini, was quite positive that
| there was nothing genuine about Hale
KIM IS sudden attack. Rawlins said
that he had made a very careful ex-
animation for any appearance of con
| vulsions while he was holding the man
| down and was insistent that Kalekini
| apparently had full control of his facul
ties at all times. When asked by Attor-
| ney Achi what kind of an attack it was
Rewlns replied that as far as he could
judge he thought it "fake ft' and
refused to call it epileptic mania or any
| other dignifed medical term. DIR. Col
Inns was also placed on the stand and
| he stated that he did not find evidences
of Commissions or an epileptic attack
during the struggles of Kalekini. The
case will be resumed Monday morning
and it is expected to go to the jury
! Tuesday.
| The argument on the demurrer OF
Charles w Booth to the indictment that
was found against him by the grand
jury on charge of arson was set fol-
clock in Judge De Bolt s court yes
terday afternoon but owing to a mis-
understanding as to the hour it wa
continued and will probably be heart
Saturday morning.