The Sun

Dr. Armstrong Taken to Court-His Wife Not Present.

Dr. Henry M. Armstrong of Plainfield, who is a patient in the Morris Plains Insane Asylum, was taken before Judge Magie in Morristown yesterday on a writ of habeas corpus obtained by Lawyer H. W. Leonard. Dr. Armstrong is 70 years old. He was a surgeon in the Seminole war, the Mexican war, and the war of the rebellion. His appearance to a layman does not indicate insanity. His snowy hair combed back from his high forehead and his white beard give him a distinguished look. His right leg, shortened by reason of wounds received in battle, is made of the proper length by means of a rest fastened to his shoe. He affectionately greeted his cousin William Armstrong of Washington. The latter is helping Lawyers Leonard and Chapman to prove that Dr. Armstrong was sent to the asylum through a conspiracy got up by his young wife to get rid of him and enjoy his pension money. Dr. Armstrong, with his hand held to his ear like a trumpet, listened to every word of the proceedings looking toward his release.

Lawyer Leonard said his client had been committed to the asylum upon the affidavits of Drs. George W. Endicott and Thomas H. Tomlinson, granted without the medical examination required by law, but solely as an accommodation to Mrs. Armstrong. One of the doctors had recently acknowledged, he said, that he did not believe Dr. Armstrong to be insane.

"We knew nothing of the writ," said Theodore Little, counsel for the asylum, "until it was served upon us in a hurry, this morning. We want the doctors who signed the certificate and also Mrs. Armstrong to be present."

"We can show now," said Mr. Leonard, "that the certificate that sent Dr. Armstrong to the asylum was procured by device, and that the Doctor is illegally detained. The doctors can be heard later."

Judge Magie adjourned the case until 11 o'clock on Saturday morning. The writ had been served on the warden of the asylum, who has nothing to do with the patients. The Judge therefore gave time for the service of a writ on Dr. Booth, Medical Director. Dr. Booth was in court, but the Judge thought the case ought to be put in correct legal shape by timely service of the writ.

Lawyer Leonard complained that permission had been denied to Dr. Laury, Dr. Armstrong's family physician, and to Mr. T. Soldner, Special Examiner for the Pension Department, to visit Dr. Armstrong. The latter, referring to the asylum, said to a reporter:

"It is a factory where sane persons are made insane by long imprisonment. My education was neglected in two important particulars. I never learned to lie or to cheat. These failings have made me an easy victim to that creature-I can't call her wife."

Dr. Armstrong was taken back to the asylum. In the afternoon United States Pension Examiner Soldner arrived in Morristown, and accompanied Lawyer Leonard to the asylum. Mr. Soldner is going to sift the alleged conspiracy of Dr. Armstrong's wife to obtain his pension.

Mr. Broeser, Lawyer Leonard's agent, said that while he was serving the writ on the warden, Dr. Booth, who was present, told him that Dr. Armstrong was not insane, but that he was unable to take care of himself.