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EXPECT CAPONE TO WAIT IN JAIL al LONGER @ GEALITEL A MONT {U. S. to Withhold Action Pending Rehearing Plea sa taken to a federal penitentiary to werve hia eleven year term for in- come fax dodging. i United States Attorney George E. ~7Q Johnson and his apsistanta had been coneldering the propriety of re- Questing the United States Circui Court of Appeals, which on Baturday’ affires TO - - eencutau, to imue a mandate for the ganester's tm immsadl- ate transfer to the penitentiary. But after a conference late yeaterday, Mr, Johnson issued the foliowing state ment: “Government's counsel do not ex- pect to take any action until defend. ant’s counse] have made clear fbelr course." ; Will Ask a Rebearing, This course was made clear by At- torney Michael Ahern, who anid he would file a petition for a rehearing within the twenty days he ts allowed by the Circuit court. District Attor- ney Johnson was not officially ap-|' prised of this determination, but in Ail Capone, ft appeared yeaterday, | Will’ remain in the county fa!] for | jeast another manih before being © CHICAGO DAILY TRIBUNE 3-152 f — 1] apply to the United States Bugteme court for a writ of certiorari! the Cireuft court refuses a reheart of the Capone appeal) and he woul be allowed ninety daya to file this beti- on. But if the rebearing is denied, | the prosecutors, it was reported, wil! certainly oppose the granting of a Flay ef execution for Capone’ fer the . view of the defense plans it was re- : garded as unlikely that the prosecu- tion would take any action until after the motion for a rehearing was acted upon. The government ts alowed ten Gays after the defense files, its peti. tion for a rehearing in which te file en answer, although ten daya are eel- J meeSed, and tie Circutt q us acts promptly -upon ae a . Prepared to Seek Wi _Aitorney Abern said ¢hat*ts OG-180- 11