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Honolulu, Honolulu County, Hawaii
What is this article about?
In a Honolulu court, Dr. Atcherley defends insanity charge by portraying a jocular remark as threat, alleging persecution over leprosy cure, calling witnesses to affirm sanity, and failing to impeach prior testimony. Court adjourns for Kalihi visit.
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WAS SAID IN JEST
Matheson Denies Charges
Made By Atcherley
Against Him
DOCTOR SAYS ENEMIES
AFTER HIS SECRET
Rogers
Testifies Atcherley
Has
Chronic Disease of the Ear
That Caused Him
Trouble.
"Why do you think that we should be either hanged or lynched?" This was the strange remark of Dr. Atcherley this morning when he continued his defense on an insanity charge. He attempted to attribute the remark to R. O. Matheson as a threat when the latter made the jocular statement that the only solution of the leprosy problem was either "to turn over the leper settlement to the Atcherleys or to hang or lynch the Atcherleys." In his evidence Matheson made it quite plain that he had never intended the remark seriously though the Doctor tried to make so much of it now. That at the time he made the remark to Mrs. Atcherley, she laughed and also treated it as a joke. The Doctor then sought through Charles Charlock, whom he recalled to the stand this morning, and the production of the minutes of the Board of Health, that he had been persecuted by obstacles being thrown in his way to prevent him using his leprosy cure. That applications made to him by certain women on Molokai had been refused unless he specified the drugs he was going to use, thereby disclosing his secret cure for leprosy. G. D. Bell was then called to the stand to produce the note of evidence of the previous trial. Counsel for the County asked what he wished to prove and Doctor Atcherley said that he wished to show that Dr. Wayson's statements could not be believed. Judge Andrade: Do you wish to impeach the testimony of Dr. Wayson in this court by the testimony he gave in the other court and brand him as a perjurer? Dr. Atcherley: I do. Judge Andrade: Proceed with your evidence then Mr. Bell. Mr. Bell said he would like to read over his notes first as they were of considerable volume, and this request was granted, the court taking a recess. Mrs. Atcherley took the stand and testified that in the seventeen years of married life she had always found the Doctor sane and rational in his habits, work, treatment of the children and treatment of her. That she had known that he had taken drugs at times, possibly about three times a week and that his health was considerably improved. That he was quite a different man from what he was fifteen years ago. That on two occasions he had received treatment from Dr. Wayson and he had suffered very much in consequence and that so soon as he commenced to treat himself there was immediate benefit. Dr. Rogers was also examined, who stated that he knew the Doctor suffered from a chronic disease of the ear which interfered with his work and sleep and that the use of drugs would alleviate that in so far as permitting him to sleep. Q. Would it be permissible to use drugs? A. No. Q. Would one-half grain of cocaine or a narcotic, say a little opium, be harmful? A. It would not be deleterious, but I don't think it was justifiable for one in your position. This was all the evidence of Dr. Rogers. J. R. Holt and Mr. Holt, Jr., were also called this morning and testified to having seen Dr. Atcherley every day for the last two or three months
and he went about his business in a rational way as any other sane man would. When Mr. Bell took the stand he proceeded to read his notes of Dr. Wayson's evidence at the previous trial. This consumed a considerable period. On the conclusion of this, Dr. Atcherley could show nothing and objected that Mr. Robinson's testimony was not there, Judge Andrade severely censured Dr. Atcherley because he had taken up the time of the court with an attempt to impeach the testimony of Dr. Wayson which he had utterly failed to do. Dr. Atcherley said that he could do so if he had Mr. Robinson's testimony at the previous trial. Though Dr. Atcherley was not entitled to this, Mr. Cathcart waived his rights and Mr. Bell proceeded to read his notes of Mr. Robinson's testimony. At the conclusion of this Mr. Bell was excused from the stand and Dr. Atcherley was told to reserve any point he might have for his summing up. This concluded all the evidence which the doctor had to produce with the exception that he again reverted to the evidence of Frank Carr, the leper. Judge Andrade has made arrangements to go to the Receiving Station at Kalihi with Mr. Cathcart, Dr. Atcherley and the clerk of court. The request that Mrs. Atcherley be allowed to go as well was refused. The Court adjourned until 2 o'clock this afternoon.
Very little of importance was adduced at yesterday's afternoon session. Dr. Atcherley in cross-examination denied most of the statements made in the article which appeared in the Advertiser of July 13th. He stated that they were his beliefs and the only possible explanation of the strange noises but he could not swear that they were true. He persisted, however, in the idea of persecution by certain people, chiefly Drs. Wayson and Brinckerhoff, who wished to obtain the secret of the leprosy cure. Walter G. Smith of the Advertiser was examined and testified that the substance of the interview which appeared in the paper was true while it might not be in the exact words used by the Doctor. Dr. Atcherley then strenuously protested against his being disallowed to bring Frank Carr, a leper from the Receiving Station, into court. This Judge Andrade would not allow, but said that if his evidence was so material to Dr. Atcherley the Court would go to him and his evidence taken at Kalihi. The Doctor demurred and wished for a postponement in order that he might obtain legal advice as to whether he could not have whatever witnesses he pleased brought into court.
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Story Details
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Location
Court, Molokai, Kalihi Receiving Station
Event Date
July 13th
Story Details
Dr. Atcherley defends against insanity charge by denying threats from Matheson, claiming persecution over his leprosy cure secret, presenting witnesses on his sanity and health, attempting to impeach Dr. Wayson, and protesting witness restrictions. Court plans visit to Kalihi.