The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-01-29
THE ATCHERLEY
HEARING At TWO
Meanwhile the Doctor Is in the
Care of the Asylum
People.

Declaring that the commitment of DR..
, John Atcherley to an asylum for the
insane was the greatest crime that had
ever been perpetrated in Hawaii, AT.
torney j. A. Magoon attempted to
secure an immediate hearing of his petit
ton for a writ of habeas corpus by
Judge Robinson yesterday afternoon.
Assistant City and County Attorney
Milverton protested against an imme-
date hearing on the ground that it
was impossible for the prosecution to
make proper answer to the writ unless
a continuance was granted until
clock this afternoon.
1t was then that Attorney Magoon
became excited. s'This man is as sane
as you or l." he declared, addressing
his remarks to Judge Robinson. "To
confine him in the company of maniacs
is crime against humanity. L can
prove here and now that the law under
which DR.. Atcherley is held as an in
sane person is absolutely unconstitu-
tional 1t is an uncomfortable outrage
and against the spirit of the laws to
postpone the hearing of this writ fur.
ther'
Judge Robinson admitted that At
eherley was entitled to an immediate
hearing but Attorney Milverton object
ed long and strenuously and COM
promise was finally reached to postpone
that matter until 2 clock this after
noon.
DIR. Atcherley, in the custody of DIR.
Peterson, superintendent of the insane
aylum, and Mrs. Atcherley, were in
court during the proceedings.
In response to a question from the
Judge, Atcherley said that his room at
the asylum was without window and
mentioned several other conveniences
of life that were lacking.
~ will expect you to treat DIR. At
cherIey as guest, not as a patient,
pending these proceedings was the
instruction of Judge Robinson to Super,
intendent Peterson. DR.. Peterson ex-
planned that as Atcherley had been reg
ularly adjudged insane he was forced
to take the usual precautions but added
that DR.. Atcherley would be treated
with every consideration.
Attorney Magoon then demanded that
Mrs. Atcherley be allowed to accompany
her husband but this was characterized
as unreasonable, " and refused by the
Judge.
In his petition for writ of habeas
corpus Attorney Magoon declares that
DR.. Atcherley was deprived of the right
of trial by jury and that he is en-.
titled to his freedom during the pend
eney of his appeal.
Dr. Atcherley did not betray any
signs of uneasiness while in court. He
sat beside his wife and at the conclu-
sion of the proceedings expressed him
self as confident that he would soon be
able to obtain his liberty.
| ~ y - ~ - - - ~ y - y - - y - e
police station and succeeded in catch
/ ing the scared animal
Koreans are Suspected.
| Three Koreans are booked for inves-
tigation at the police station, as they
are believed to have had something to
do with the theft of $40 from Judge
Whitney. Two of the men were ar
| rested at the instance of the Judge,
while the third is believed to have
knowledge of the burglary.
Henry Tobert, a part-Hawaiian, is
| lodged at the station house for examina.
ton as to MS sanity. Tobert is cook
| on one of the Inter Island steamers