The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-01-28
the First Circuit, Territory of Ha-


wall.
Judge Andrade gave his decision
early in the afternoon. DIR. and Mrs.
Atcherley We're not present at the
time. but were represented by their
attorney, J. A. Magoon. Judge An
drade spoke of the difficulty of pass
ing upon the ease in question. and he
recommended that the law be amended
90 that persons charged with insanity
should be heard by a jury or commits
sion. He spoke of the friendship for
merly existing between DR.. Atcherley
and DIR. Wayson, and then of the OPP
position of DR.. Wayson, as member
of the Board of Health, to the ap
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 I do not believe are meant to
annoy, vex or harass or injure Atcher-
ley, for these resolutions had their
general application, even though At
eherley was the only doctor who APP
piled for permission to treat lepers,
and Wayson said to DR.. Ateherley that
he would use his influence with the
board to allow Atcberley to treat lepers
even if the resolutions were not com
piled with. This ] consider an act of
friendship, and not of hostility.
HAll of these acts, however, were
taken by Atcheriey 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 Ateherley is asked on cross-ex-
animation how he knew this. he could
! cot give any definite answer or reason
except that he believed it by dedue-
ton. He had no special reson except
that he believed Wayson to be hostile
to him.
| s.Then we have drugs missing from
the Atcherley dispensary, and people
hanging about the Atcherley premises
| Wayson is again accused of either steal
! ing the drugs or being the person for
whom the drugs were stolen, through
the Board Of Health.
.''Then the publication in the Adver-
| tiser of an effectual cure of leprosy by
! Wayson, and this was the straw that
| broke the camel back. At that time
Atcherley was fully convinced that
| Wayson was really the man who stole
| the drugs, that he was the enemy, and
that he should retaliate, and at mid
night one or two days after the pub
| LEGATION in the Advertiser, he, Atcher-
| lev. saw some one going out of the gate
/ of his premises. but some distance from
| his house. this gate being near the gate
| Immediately adjoining the DR.; Camp
| cottage. He. Atcherley, believing that
| this person was Wayson. or some one
| on the premises who might be represent
| ing Wayson. fired one shot at this per
| son. not knowing who it might be, and
caring less where it might hit; he then
| reached for his hat and pursued tins
nerson. at whom he had shot, believing
that he had gone IN the direction OF
| DIR. Wayson 5 home and there he hred
forlr shots in the direction Of the Doc
tor : house, not at his enemy, not realiz-
ing that anyone Of these shots might
strike some one whom he did not intend
TO hit. possibly striking Mrs. Wayson
or anv one Of the children in the house,
or any one that might be within the
! range Of the pistol which was used
| Right here DR. Atcherley did not realize
the responsibility and consequences Of
his own acts and doings. Even here
he is not satisfied but states 10 three
physicians that his only way Of retalia-
ton for the wrong done him by WI y'
son. was 70 shoot Wayson.
ssDr. Ateherley, while on the witness
Il stand and while in the court room, was
- 0rlEE
that of a refined, cultured, highly ed1-
Gated English gentleman and made
grand impression upon the mind OF the
court. and from his conduct the eourg
could not find him insane; but the court
can not reconcile his conduct, his attn
tude. his demeanor, his feelings toward
Dr. Wayson, as the conduct, attitude