The Washington times., 1927-03-10

VI Aot. GI1LdUGIu ,.
Melini, convicted on two counts Of
robbing ) postoffice in Illinois, was
sent to Leavenworth, October e.,
1919, facing two five.year terms, the
record shows.
In August. 1924, he was trans
ferred to st. Elizabeths on the
standing diagnosis Of s'paranoid
state, " by the prison psychiatrists,
one of whom. DR.. Alfred r. Yohe,
was later relieved from his position
following charges Of irregularity.
MeIini claimed that his second
sentence was Illegal. but st. Eliza
beths psychiatrists. endorsing DR..
| Yohe's diagnosis, took it for granted
that Melini's claim was a de
lusion' and kept him locked up in
Howard Hall.
Friend Interests Embassy
A friend OF MeIinf, in Washing.
ton. procured a writ Of habeas
corpus. and interested the Italian
Embassy in the case.
At the embassy'g request, DIR. III.
f. Mistretta examined the patient,
and agI eed with the prison psychic
trists and the st. Elizabeths staff.
Melini's delusions were, he
claimed:
i. The patient believed that three
years was the maximum sentence
on the second count. and the five.
year sentence was therefore in.
valid.
Melinis belief that a United
States judge would impose an I'm.
just sentence was prepOsterous, in
the doctors opinion. and hence de.
lusional
2. The sufferer believed that the
warden of Leavenworth Penitentiary
had prevented him from receiving
parole.
This was an unreasonable belief.
In the doctors opinion. because he
understood that the warden had
nothing to do with granting parole,
that being q function Of the parole
board.
8. Melini believed that someone
outside the asylum was trying to
help him. but he would rot men.
ton his benefaetor's name. fearing
vengeance from the hospital author.
tiles.
announcer DohustUm
The patients fear that the In
stitution could act in any but the
most honorable and upright way
was, in DR.. Mistretta's mind. a
delusion.
The embassy ceased action In the
matter, but the friend demanded q
hearing on the writ.
DR.. White answered the writ
with the stereotyped assertion chat
MeIini was insane and dangerous;
and that his sentence was legal
The court, however. was enough
impressed with Melini's claim to is
| sue the writ--so that if Melini's
belief was deIusional, he claims, the
belief of the court was also delu-
sional. The United States judge
who had sentenced Melini to Leaven-
worth, was the we'll known George
w. English. WHO recently retired
from the bench under Impeachment
proceedings.
The warden of the prison was q
member OF the parole board and
was in q position to prevent grant
ing parole to Melini. 1t developed.
This warden, Biddle, was short
time ago relieved Of his position
following charges CT irregularity in
office. Accordingly, some doubt pre-.
walls as to whether the patient or
the doctor was suffering deluslon on
the parole question.
When the italian doctor. true
scientist. learned Of these things,
he admitted the error Of his dag
nosis. and agreed to testify that
Melini was Of sound mind. He had
discovered no SYMPTOM of insanity
he said. aside from the supposed
Exclusions"
The hospital shipped Melini back
to Leavenworth while the habeas
corpus writ was pending, and while
he was still insane. according to
the hospitals sworn statement. He
was later released from Leaven'
worth on habeas corpus, on the