Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1917-03-28
HEARING HELD ON
HAM CASE BEFORE
JUSTICE PHILBROOk
Tuesday at the Courthouse
: Judge Takes Under Consider
alton Matter Of Releasing
Charles H. Ham from the Au-
gusta State Hospital

before Associate Justice Warren c..
Philbrook in the case Of Charles H.
Ham. formerly Of Hudson, who is now
an inmate of the Augusta State hos
pital and has petitioned the supreme
judicial court for. his discharge, alleg-
ing that he has recovered his sanity.
Walter NJ. Sanborn Of this city ap-
peared as counsel for Ham and Ter
renee B. Towle Of Bangor appeared as
attorney for people Of the town of
Hudson, who do not want Ham there
again. At the close Of the hearing JUS
tice Phibrook took the matter under
consideration.
county case and is well remembered in
that section. Ham. veteran of the
Civil War, was charged with shooting
Mrs. Addie Whitmore at his home in
Hudson, a town Is miles north of Ban
gor. He was iill4cted on the charge of
murder at the February term, 1916, of
the supreme judicial court FOR Penob-
scot county at Bangor. but the defence
of insanity was jnterposed and he was
for observation to the Ban
gor State hospital. Later he Eyas found
not guilty by reason Of instantly ana
has since been capflned in thst criminal
insane department. Of the Augusta
'' At the hUsp opening of the Ehsss4ing At,
torney Sanborn outlined the7oese and
spoke of the report of Or. Frederick
l.. Hills, superintendent oY-the Bangor
State hospital, regarding ..Hams con-
dition when hc was eXamrued at that
institution The report was to the eff
feet that Han was then Hnquestion-
ably insane. ="
DR.. Forrest c. Tyson, snperintend-
ent of the Augusta State hospital was
called upon to, testify by sAttorney
sanborn. DR.. Tyson stated that Ham
had been in the criminal department
of the Augusta institution SINCE Feb.
IS, 1916 and be said he knew moth
ing about Ham before ne was COM
mitted. He then read the record Of the
examination made of Ham at the time
he was committed to the. Augusta
State hospital. This record showed that
HAMS church attendance was irreg
ular, that he was unable. to read or
write, that Ham had claimed God told
him to shoot but that Ham did not
want to. that Ham did not remember
of shooting, that Ham was willing to
go to the hospital and had said he was
there because people thought he was
crazy but he did not remember shoot
ing any woman. that Ham. who is
about rs years old, had been married
twice, his first wife. having died 20
years ago. and hts second wife seven
years ago. The ahswcrs Ham had
given to questions aFthat examination
were then read by Dr. Tyson, as well
as a spontaneous statement Ham had
made regarding Sonic Of his relations
with Mr.. and Mrs. Whitmore.
Or. Tyson testified. that these spon-
taneous statements sgere good means to
judge the sanity of:ea man, that the
statements were remarkably clear for an
insane man, and that:he considered them
very favorable. The results Of the ex-
animation, had showp that no hallucina
tons or. decisions were elected. DHzTy
son said that at an examination re
the staff on March q. ls,6, the conclasion
was reached that HaHs:. was not insape.
Ham had been therathen a little ever
a m6Rth. Witness ssid, that fSpm that
time 40 this there had; been no change
from normal as far as. ne could observe.
He said he had never seen any evidence
of-ill temper although the patient had OBJ
dected to restraint and Felt that he would
like TO get out. :,
Associate Justice Philbrook stated that
the sole question for him to determine
was whether Hams release would en-
danger the peace and safety Of the COM
rzlnity, and he asked Dr. Tyson the ques-
tioK to which witness answered II think
not" Witness thought the release would
be beneficial, not so much to Hams phys
ical condition as to his mental. Justice
thilbrook mentioned tie fact that V. L.
Brooks, formerly an attendant at the
Augusta State hospital had told him
he had a farm near Poland and Ham
could live there with him and his wife.
DIT. Tyson thought that would be good
place for Ham to be.
The reports of DR. Hills regarding
Ham's condition on Feb. 5, 1915, was read
by Attorney Sanborn. DR.. Tyson stated
that Ham was suffering from stomach
trouble and hardening Of the arteries
am he thought that If taken to a proper
hoffle Hams health would be better.
In" answer to questions by Attorney
Towle DR.. Tyson said that he thought
Ham at the time Of the alleged murder
had got mad and was greatly excited
and disturbed over the situation, and he
considered that Ham Is a safe man to be
At large. He said, however. that he did
not know what Hams condition might
be II he got into similar trouble with the
woman at the house where he had been
asked to stay at Poland. DR.. Tyson said
that he neither advocated nor opposed
Hams release. He would not say that
Ham won't ever have another return of
he trouble.
Charles H. Ham, the petitioner, was
then questioned by Justice Philbrook.
Ham said the last thing he remembered
before he found himself at the Bangor
State hospital was his going after some
quilts to put over himself at night. He
said II can't make 1t come to me that
shot that woman. thought 50 much
Of her" But he said he would have to
believe the testimony Of the witnesses.
He said that he had no Ill feeling toward
anyone now and he said he Is always
ready to listen to advice. He said he
has no desire to go back to Hudson where
he owns farm Of IS acres and stock,
he would like to see relatives
1t Bangor and Dover. He said he mar
al htS ArSt u-ifa Endsep no OIL