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CRIME “Who Wouldn't Be Worried?” Ttoshlamos Jczed in Chicago's crowded Fedeia; wwurts i =: week Goard> banged shut the duors. Beginning was the deeieis a, hoetoie che Pe lec! Government. fons campaizn te pur Alphomse U Scartace” to stranzers O snorkes” to Trends OU apone in prvon For three yeats the Govern- ment had waged its campaign, spent over $195.000 on it. For almost as long Gane- ater Capone had been trying to sidestep charges that he failed to pay a Federal tax B70. nh OCBEV ae cofrg {31 7 he ae on $1,038,654 income during the years 1923-29. Now Scarface Snorkey waa on trial. The was bushy-browed James Herbert Wilkerson, no friend of Capone. It «as he who. two months ago. exposed and repudiated a “deal” between prose- coin, and defense altormeys whereby Capone was te pied guilty bo tax evasion in return for a mcommendation that he be given a Licht sentence. In court Capone's attorney had asserted that the agreement was approved by Altomey General Mitchell and “an Assistant Secre- tary of the Treasury.” In Washington the Department of Justice had «dmitted ap- proving this deal, insisted t ¢ procedure was customary. Underseccr. ary of the Treasury Ogden Livincston Mills bad de- nied knowing anything about it. Judge . a a eee . = iy ae _ - Z ‘ - | ae . is ° . : : ' Lame pe, sewers te teem » &- wer * a jack Gusick. a Capone ijieutenant, hed given five years in prison, other im- ey gangsters were behind the bara i Scarface Saorkey: “Who wouldn't be wormed?” The Prosecution was beaded by soft- spoken, wild-haired U.S. District Attorney Geore- Emmerson Q (for nothing) John- son. Beeld marshal of the Government's forces sccking to break up gang rule by the left-handed method of jailing gang- sters jor tax evasion, his success would be measured by bis ability to & of Capone. Frankly disappointed when the “deat” fell through, he was now excited, eager, mysterious. So far he had kept pecret the list of his “surprise” witnesses. The Defense “bad wanted that list. Longs had adroit Lawyer Michae! Ahern protected Capone's legal interests, kept carte ptnentninatamatil, Aon we ee Covxsee Antex, Cuext Caroxz. Cotxset Fixe Mr. Fink: “Ok, my conscience! Neiled to the cross!” Wilkerson had upset the plans by declar- ing: “The court will listen to recommenda- tions, but it is utterly impossible to bar- gain with a Federal cour.” Then be bad allowed frightened Capone to ghange hi: pies tu not guilty. had sought—and tailed —to hive a grand jury indict bim under the Jones (“5 & 10°) Law for violation of the Volstead Act (True. Scpt. 2: ef ante). Leaving off his judicial rebes. Judge Wilkerson leaned over bis desk in 4 business suit, showed that he took more than a passing interest in the case. The Defendant was sweating. uncom- fotiable. For the second time in his life be was uniertain of “beating the rap” (staying out of jail).* Lf convicted -be might be sentenced to 32 years in the penitentiary, fined $$6.000. Before him he had the example of his brother Ralph (Bottles) Capon. who haf been scu- tenced to three vears in Leavenworth on 2 similar charge (hut bad obtained a stay of mandate until Oct, 20 to file an appeal }- “First tine war in tesa when Conve was tiie{ aed qorckted i Philadelphia fur garry- dae eg pistol, Ble spent ten menths in pil, bi- analy oposan term ota dan. Mut wod-me orld lerend soy he went to jail that tise en pur: pot, to avaid being deawinate! ia Chicuee. him ou: of serious trouble (Tiare. Sept. 217, He. too, had been disappainted when his chert had to stand trial. Well he realized that this was his hardest case. To asix him be bad owlish Albert Fink. whose jovis! voice was frequently heard exclaiming: “Ob, my conscience!” Mr. Ahern was irascible, objected to crowding by . - . The Press, which was having a field day. Local papers covered the trial from all angl:s. out-of-town papers sent apecial writers. Hearstpapers. evidently consider- ing ita better spectacle than the World Series (see p. 22), sent Colyumist Daman - Runyon. who began by interviewing Ca- pone in the grandest manner: “I found - ee Al Capone at Colosimo’s restaurant. . . . Other newshawks reported the details of Capone's attire from tie (bluc-sttiped! to fedora «white}. noted the fact whon he Jchanece bis suit (blue ‘9 grey). Gaudiest rast of the trial was coined by the New fark Evening Pest’ correspondent, Michael W. Straus. who referred to Ciceru’s cambling houses a3 “gold-belching pits of evil.” The Press soon became in- leresied in The Jury: one farmer. two retired mer- TT ae ge Ree yg TA RRR ce”