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= a z = Pd f? a al ‘ - fN¥ET f A+ AEE Wea Y ; , zo ° Loan owe POTTROT SE ON i Rit Sealab apone Wave Albert 21nk, associate counsel Samuel G. Clawson. # small. ie Capone's defense, spoke 2 hours land 36 minute: by way of opening ‘tor al Fink is a man of perhaps 60 of florid counienance aod bocrring ‘twice. He is rather ® bic man, who wears a belt and no vest. and keeps itching up hus: - trevi-trs. . Foti raid Capone ts a victim of Jie sic this trishis a mater tp bawenenct LA We ePral’ infarests mop only thes RFNETATON. ye gine io pet A complete ear | Capone | >=! wali be of the greatest signifi carre to generations-*2 come. He Jsuic’ 1 “The questions involved, gen: ress oof the Jurys, sre. first, Yo owiether ar net thare is any exh ‘ Gi preerkhe (her oan deri there i ie env evidence at ail bos even . ; Fees to the dignity of hearsay ey.ornes. | “The second gue-tion is the. ; bic question which sou are in- terested in and Foam interested f. > ip. ond ether generations are itt terested in, namel. df there be no evidence af guili. fan a jury be opersiuned or ‘aorned’ imnko returning a verdict of Bully BO he on that public clecicr M7! peased.” —— nl Calis For Proofs Fant asserted that te prave aiifub evasion” of the tax daw, the Goverment Trust meeesraray ipra.e thay Capone tal a pres Sineome In excess ef fo G9 anc ‘that there wae vevsl Coan” to teved-> the tux amd tnat ine Gav- en. to punish him so that, jammer” may be appeared.) tent Must estaoh * thar "eal ' ‘co oman, who rpoke in ome of ; Ruse, lock lan cven. dispassionate voice. made the first arrument | for these United States of Amer: | -iea when court epehed this mom. | ‘ing. Clawson is oan Ase:stant ‘attorney General from Washing | _ tan t Capo.e, who was cressed in & ‘heht green sult, with socks to ‘match ine tan shoes and sha. ed partimwlarly danmer this: lmernins, bitched his entir over ‘elere: teward the jury box as i, ‘ful cf the lawyer's remarks. i ] | Rarely Raises Voice | | : t \ i | Cievrcn rarety raised his voice. Fie i mipied ro forensics Re die ‘guthned Ue Govermments case: acains' Cepone. He poinied out | Uthit ine difendant knew be was , gurts Eerguse in 1930 he gave! wLavrenre Po Matancly, dncome atay 1 ; on. pewery cover ef Warn Of ptisinas tt > the Crpune | Steen tax difficulties Wiih tne; Go t*hosnet. } . la or went over the ennfer | fore Levsern Capone, Rigi iimgiy , fatves of the incame. bea department fe Chirace at igiwh Capone sanndtee Ge ares fo bots, had no propels. nial itained ng checking accom, and , reoutont tell the Governmens. ‘ghat his pucome was. Clawson “sald. “Ef think it mst siznificant that at thal interview, Mat- ting), said: \ ‘yo doyit if Mr. Caponr tan |; give you any detailed iniorma- dian zs to his intome,’” | a-h x ay Evidence Attacked He sttacked the evidence of Lester Shumvey., former Cicero gan:bling house employe, one of the witnesses by whom the Gov: ernment attempicd to connect with gambling profits. “What are these men trying to do? Are they really tesinx fo find {this man gwilty of 14x evasion or are ther irvine to mee this ease 28 an instrament te put At Capone awas? And what ate sou, the jury, going to do ahout ii? “You. the jury. are the only bulwark that can resist oppres- sion in times of prblic ciamor. Judzes cannot do HR, The powcr hasn't been intrusted to them. “Dom t let yourtsetres be drawn away from the trath by the claim that Al Capene is a bad man, He may be the worst man that ever lived, bus there is nut aoscintilla of evidence that he wilfully atiempted to defraud the Government of the income tax as charged tm the ndict- ment. Capone may be all the newspapers charge bim to be, but if be is, why have not these charces been preven against him?” - - Betrayal Is Seen fv . Admitted He Owed Clawson insisted that durin the canferener «that ttre, ©. ipone aamnice ies he oF A Government income tex for bs6 yor. 1928, ard 1629. He sai leanone alwars carried & roll ob {g100 and $500 biils—“s roll b:q ienough to choke an Ox, as one ‘witness testified.” , Al grinned sliehtly at thar statement. Clavson addec: Yes, when we tried to cet frem him an idea of bis in- we bad no help what- ' ever from him. Why, when we asked bim if he went un- d@er any other mamt than Capone, he said, ‘Ob. mo,’ ret tf has been shewn here thal ‘ be went under the mames of | Meas, Costa and Philips.” Clawgon scotfed at the co. tention that Capone sost his i come playing the races. “Even if he did jose heavily on the races, and apent mone: in other wars, be stilt bad the idea is ridiculous. Eve a child would know betier, il had an incuine that called fv paying to the Government susbstantial income tax.” —— oo - [ Letter Transcript Ln Claveon eed to the jury ltranscript of ihe Martingls Pe jter of Septemorr, 20, 1930. 3 j which Al's tax income @xpcrt 3 ' mitted that Capone had a fas able income of £266,000 for °'* lyears 1926, 1977, 1925 and as. he He quoted with emphasis from the letter aS follows: eT o(Madting!y) am of the epinion that his (Capone's) tay- able income for the years 3276 ! and 1927 mirht be fairy fixe? | at mol ta exceed $26,000 an-- £40,000 respectively, and = far the years 1978 and 1825, not te etcred $100,000 per year.” Clawson said that fo a man fails to keep records of his 1! come, as Capone failed, he cc so at his own peril. He said thi the: only tanzible evidenc=: col cerning Capone's inceme was cor Pink said that Mattingly be jtained in’ the Mattiughy lelte feilure must ty acconpamied Yhy jufent ta defricd, i bys referred tu dhe sentieme of! trayed Capone in the famous let | He added that if the Matting? ter of September 20, 1930. The jietter be ignored, there would & Washinton tax expert was befote ing way of getting at the Inccny |: “whig + cal Pod. vcphin fo a con: eea.e a we RO por sear that) Capo éct in {Fr " He ria | “] dent think if the man's nose had been other than Alphonse Capone he world have greia das, I Ee was relested fue montis + portv beeanse nf cond Ge hiasier. 16.3, tun dass alier hia faa | He as relra ed on Macch 1, tics dive 7 pooh fod he oelae hed the eth ener nig the Bivens Ce testy wT g 1972 , \ MEROXED ORIGINAL-RETAI‘« : Wah VC Lud 4 sea] 34 a the grand jury that returned the | indictments against Al. Fink said: “i hot that the most terri ble thing you ever beard sof, te take a man's lawter before & Grand Jury sboul matters tran- spiring between the lawyer and a clirnt? “There isn't a oman on the date Cao mon in thie pauet. Peer, that tan truthfully sar that AL Capone sillfuliv de- fravdad his) Goreiament be: cause he Wes stnurious “an ~t klod of Capone, “sho doesn't want & | talk.” | “Money, meney ereryenriz— that’s ail weve been Aearine for the past week. Yet Capone had not « dollar far ble Gorero ment.” t ] . 4 —