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am wee ai eins N60 TOPE Wants to Get Credit for Time He Must Serve While His Appeal Is Being Decided On CHICAGO, Ot. 28 (fINS), Al Capone mav capitulate to his adversary, the United States Gov- emment, ard willinciy go ta Leavenvortn peniteniiary, Ais Sawyers incicatrd today. But this capitulation would be t- made only to avoid “wasting Gme™ chile his attornicss strive in the higher courts to win a rever- tal of the jury verdict findins him guilty of defraudines the Govern: meni ent ef his income tax. Ball Tiea Denicd i The posstbilite that Capone Mes shorliv atk to be taken ta Leavenworth. where he cs uncer sentence is care 3 [Neeser term, jaroes asa tons cuenre of a ruling br the Cireuit Court Appeals, denving the ganetter his liberty Om ball The rulinz. handed down ves fercay. Was that Capone pit re bmay.. Mm the ererete pst eee ee j@Poral is Cups ed of Fa raf nearly two vears if custor 3eT} Pre cedure is followed, ——— = al cal * IVs Aingkeon Tires fo VAL ILL “ Thus. the appellate court's ac- Hoff in granting Capone's petition for a slay of renton--, vhile at the same time dervinz bail. i -of no value to the convicted gangsters cause. Unless @ court higher than the xppeiiaze orders Capone released on bail. he may voluntarily request to be sent to Leavenworth without further de lay in order to reecive credit on hls sentence should his appeal be denied. Case May Sbift Here Michael Ahearn. ihe ranzster's Attorney, intimated he gzy re te Washington and ask Sopreme 'Ceurt Justiee Van Versster fer an order admitting hos cent te thond and vacatinz the appellate ‘court's writ. i Ht eustomary procedure pre vatls. Capone's apnea! may be argued before the apr-le-# eourt In about two mont 2nd a fdecision retdered Bronch'> next Febiuury. Hf the apniilase eourt rejects the appeal. ane‘her year will probably be consumed in filing end arzutnz the 2ppeal before the Uniied States Supreme Court. Meanwhile, Capone spends Moon OF AIS time in his tiny jeil cell, amusing himself with soll taire, NOT RZVORDED 69790 a me fen ee ee PEELS VEC Csr ee 3 Fem gage a+