In re Magoon ex rel. Atcherley for a Writ of Habeas Corpus

OPINION OP THE COURT BY

HARTWELL, C.J.

Dr. John Ateherley, hereinafter named the petitioner, was brought before the district magistrate of Honolulu, January 11, last, under Sec. 1116 E. L., upon the sworn complaint of doctors Emerson and Sinclair that he was “insane and that the public safety requires his restraint until he becomes of sound mind, or is' ordered to be discharged as by law provided and required.” The magistrate, after hearing evidence of witnesses for the prosecution, who were cross-examined at length by the petitioner and his attorney, and of the petitioner’s witnesses, on…