The Hawaiian gazette., 1909-02-12
ATCHERLEY Gets
\ A JURY TRIAL

In an opinion written by Chief Jus
tice Hartwell the Supreme Court of the
Territory held yester lay that The com
mitment of DR.. 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.
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 Su.
preme Court, Atcherley should now be
a patient of DR.. 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 Atchcrley 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
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 upn
another mans house is simply an ordi-
nary indiscretion that the best of us
might be guilty of at any time.
Has Right to Appeal
The portion of Chief Justice Hart
wells opinion dealing with the validity
of Judge Andrade's commitment and
the right of Atcherley to appeal is as
follows:
sit 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 Partc All Oh,
13 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 a "fit' had George Kale
KIM, on trial for wife murder, when
he created 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 IS 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 Kale-
kinks sudden attack. Rawlins said
that he had made 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
Rewlins replied that as far as he could
judge he thought it "fake fiji" and
refused to call it epileptic mania or any
other dignified 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 for
4 o o'clock in Judge De Bolt S court yes
terday afternoon but owing to a mis-
understanding as to the hour it was
continued and will probably be heard
Saturday morning.
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