The Hawaiian gazette., 1909-01-29
ATCHERLEY IN
THE ASYLUM
(FIom Thursday,s Advertlser.l


DR.. John Atcherley was declared in.
sane yesterday afternoon by Judge
Andrade of the police court, and be.
fore o'elock the doctor had been
taken before Judge Robinson of the
Circuit Court, by his attorney, ]. A.
Magoon, and released on his own recog.
nizance, pending the trial of the case
on appeal" At 6 o'clock DR.. At
cherley was again in the custody of the
police and taken to the Insane Asy-
lum, Judge Robinson having withdrawn
his order for release on a presentation
of facts made by the County Attorney.
The declaration that DR.. Atcherley
was insane, to be followed by an order
for his release by the Judge of high
er court, on the ground that the doctor
was "not danger to the communi-
ty,' was astonishing news. 1t was
astonishing to the Sheriff, who upon
receipt of the order of release from
Judge Robinson Immediately consulted
the County Attorney, who promptly
gained a hearing before the Circuit
Judge, and on a showing that person
held under a charge of insanity could
not be made the subject of an appeal
from lower to higher court, the
Judge withdrew the order and the doc
tor once more went into the custody
of the Sheriff, who transferred him to
the keeping of DR.. Peterson, superin-
tendent of the asylum. The order of
Judge Robinson directed to the Sheriff
read as follows:
"Application having been made to
me to release DR.. J. Atcherley from
custody, pending his appeal to the Cir
cult Court of the First Judicial Circuit
January term, 1909, and DR.. J. Atcher
ley having appeared before me and
having been examined by me; and it
appearing to my satisfaction that there
is no danger to the community from
the release of said DR.. j. Atcherley,
End it further appearing that he has
no intention to commit any offense of
any kind against DIR. ]. T. Wayson or
any member of his family, and DR..
Atcherley appearing to thoroughly I'M
derstand the duty resting upon him as
citizen not to commit any act of
violence;
alt is hereby ordered that said DR..
j. Atcherley be released on his own
recognizance until the further order
of court pending his said appeal.
"Dated at Honolulu this 9th day
of January, 1909.
"(signed) w. ]. ROBINSON,
"Thrd Judge of the Circuit Court of
the First Circuit, Territory of Ha-
waii.''
Judge Andrade gave his decision
early in the afternoon. DR.. and Mrs.
Ateherley were not present at the
1x.,& taI nv, Nhasr
attorney, j. A. Magoon. Judge An
drade spoke of the difficulty of pass
ing upon the case in question, and he
so that persons charged with insanity
should be heard by jury or commits
sion. He spoke of the friendship for
merly existing between DR.. Atcherley
and DR.. Wayson, and then of the OPP
position of DR.. Wayson, as a member
of the Board of Health, to the APP
pointment of Dr.. Atcherley as govern
ment physician at Kona, because of his
penchant for drugs. The court then
said:
"The resolutions of the Board of
Health are only measure of precau-
ton taken by the Board of Health,
and | do not believe are meant to
annoy, vex or harass or injure Atcher-
ley, for these resolutions had their
general application, even though At
cherley was the only doctor who APP
piled for permission to treat lepers,
and Wayson said to DR.. Atcherley that
he would use his influence with the
board to allow Atcherley to treat lepers
even if the resolutions were not COM
piled with. This / consider an act of
friendship, and not of hostility.
can of these acts, however, were
taken by Atcherley as acts of personal
hostility by Wayson to him.
''Then Wayson is accused by At
cherley of going to all of the drug
stores to ascertain the nature of the
drugs purchased by Atcherley, and
when Atcherley is asked on cross-ex-
animation how he knew this, he could