The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-01-30
DR.. ATCHERLEy
IS DISCHARGED
Judge Robinson Holds That
His Commitment Was
Unconstitutional.

After court proceedings that lasted
from two O'Clock yesterday afternoon
until FIVE o clock, DIR. John Atcherley
was ordered discharged by Circuit
Judge Robinson on the writ of habeas
corpus secured by Attorney j. A. Ma
COON.
Atcherley left the courtroom with his
wife, free man, and it now remains
with the officers Of the prosecution if
they intend to further restrain him of
his liberty.
Judge Robinson held that the com
mitment of Atcherley to the insane
asylum Of the Territory was in viola
ton of the Fifth Amendment to the
Constitution of the United States. In
diseharging Atcherley from custody tire
court said:
''In my opinion section ZIG of the
Revised Laws of Hawaii is in direct
conflict with the Fifth Amendment to
the Constitution of the United States,
which declares no person shall be de-
prived of life, liberty or property with
out due process of law. Let the person
claimed to have been deprived of his
liberty, DR.. John Atcherley, and in
whose behalf this writ was filed, be
discharged from custody
Reiterates Charges.
This was the ruling that set at naught
the findings of District Magistrate An
drade, under whose ruling DR.. Ateher-
ley was turned over to the custody of
DR.. Peterson, the superintendent of
the Insane Asylum. Atcherley did not
seem particularly interested in the
words that freed him from the com
pany of the insane, and took it all
quite as a matter of course.
AS soon as he was asked if he was
not pleased over the outcome of the
matter he Immediately took exception
to the published statement that he was
the victim of illusions, and, while not
regarded in the light of dangerous
insane person, should be given a pc
Rod of physical exercise on the reef
He reiterated the statements that
Mr.. Pinkham and DIR. Wayson have
been in a conspiracy against him, but
he said that he was more than conf
dent that he could now withstand the
attacks of all enemies
Plenty of Law.
The attorneys who contested the is.
suance of the order giving DR.. Atcher.
ley his liberty were City and County
Attorney Cathcart, his assistant, Mr.
Milverton, and Mr.. Sutton of Attorney
General Hemenway's office. They
brought a CARLOAD of law tones fol-
ammunition, as did Attorney Magoon
Uneonstitutionality of section lie
was the phrase in his argument that
| Magoon dwelt on at length, and he
showed by numerous references to the
| judgments of courts in States and other
| Territories that person accused OF
insanity always was judged as to men
tai deficiencies by a tribunal of never
less than two persons, one generally 8
| physician. Magoon conceded that ii
many eases there was no need of 8
hearing, there being no doubt as tt
| insanity.
| Magoon went back to the Middle
Ages to find counterpart for what
he termed confirming perfectly sane
man to a living death.
| The Section 1116 of the Revised
Laws of Hawaii reads as follows:
''The judges of the circuit and dis
trict courts shall have the power tc
commit any person to the said asylum
on satisfactory complaint being
made before them that such person is
insane, and that public safety require;
his restraint until he becomes of sane
mind ,,