The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-02-09
ATCHERLEY Gets
NEW GUARDIANS
The Supreme Court Allows Him
to Depart From 1.-The
Magoon.''

cherley gave up their apartments
suite-in the Magoon building vester-
day and are now at their home 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 Atcherlev family
circle. The deputy sheriff is there on
the order of the Supreme Court of tne
Territory, SO the physician will be cat
home'' of necessity until 8 O'Clock
tomorrow morning, when his case
comes before the Supreme Court again.
The appeal from the order discharging
Atcherley from custody, issued by Cir
cult Judge Robinson, was advanced on
the Supreme Court calendar and it
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 AT
cherley, consumed the morning session,
and it was not until l O'Clock that
a decision, temporarily disposing of
the case, was handed down by Chief
Justice Hartwel.
Appeal Supersedeas.
legged to be restrained of his liberty,
and also to the publie,' reads the
opinion of the Supreme Court, "that
case like this be heard promptly,
and it is for this reason that the rules
provide for the advancement of
habeas corpus eases 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 8
o'clock tomorrow morning AZ the lat
est, furnishing copy to Mr.. Magoon,
who will file his brief the following
morning.
"Under Section 1861, Revised Laws,
an appeal operates as a 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 it's decision which the
court had which granted the writ.
"The court directs that DIR. Atcher-
ley be placed in the custody Of the
High Sheriff and kept at his CDR. 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 ehattels
and leave Magoon's Office. 1t is be-
Iieved that the order was welcomed
by the police officer who was detailed
to guard the door of the Magoon
building and also by Magoon himself,
for the law Offices were not designed
for a "week end'' nor as rostrum
for public speaking.
The question of Atcherley's mental
competency was not before the Su-
preme Court yesterday; only the tech
nical question as to whether an appeal
from an order of discharge on a writ
of habeas corpus acts as a supersedeas
and stay of execution being the only
question under considerations
Magoon argued at length that to al
low an arrest of Judgment on appeal
after the issuance of discharge ON q
habeas corpus writ would nullify the
principle and leave the prisoner with
out immediate recourse. But the Su-
preme Court took the Attorney Gen
eral s 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
ham, in which she asks permission of
the court to secure mortgage of not
to exceed 10000 in the aggregate, on
the Holt block The petitioner is the
guardian of James R. Holt, Helen A.
Holt and Irene A. Holt, minors, and
states that the amount is needed to
meet the expenses of educating the
children, paying the taxes and upkeep
of the estate. Since the year 1902,
when Mrs. Cushingham was appointed
guardian of the Holt minors, three of
them have attained their majority
Valentine s. Holt, Waite E. Holt
and Amelia A. Holt.
1t is declared in the petition that
to meet the expenses connected with
the administration of the estate it has
been necessary to secure cash ad-
vanees. and that this debt already
amounts to $1SS2.S0 and that 1919
more will be needed by June 80 of
this year. Two mortgages have to be
paid, one for $4,000 on the Holt block,
and one for $4,000 on the Makiki prop
,ertv of the estate.
The trustees of the estate of w. c.
Lunalilo are mentioned as being willing
to advance the $4,000 on the Holt block
and a portion of Grant 2003 on Mauna-
kea street. Mrs. Cushingham joins with
the other heirs in release of her right
of dover, in the petition.
Suit Over Land.
An answer in the suit of Mary A q.
Downey against Emalia Silva was filed
yesterday by the defendant which de-
MES that the land that was embraced in
Royal Patent 100, award 1921 to James
Mahony for Noke, is now owned in fee
simple by Mrs. Downey. The answer
states that the defendants in the action
have been in possession and ownership
of the land for the past twenty years
Murder Trial On.
The trial of George Kaiekini. charged
with the murder of his wife at Kalihi
in August of last year, was resumed
before Judge De Bolt yesterday. Be-
cause of the prosecuting attorney hav-
inc tn annpar in tbe S1rnraY7,a C0.,r+ ~,