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4 Taner f Ataenave foy ; haw pty ct’ Censne {Ritu ragaliiou Vapui Wayed Court Battie associate counsel® Samuel G Clawson. s small. rman, who poke in spaisionate ome of The first argument Statee of Amer: Albert link, ‘an Capone's defense, spoxe ? hours lana 36 minutes by wey of opening ‘or Al. Fink is # man of perhaps 60 of florid counienan: and Mpocmang ‘vice. He is rather ® big man, who wears & belt and no yes - tre a Unird tea when court epehed this mom: for Ing. Ciaason fs en Axsstant Attorney General from Washing: ton. Capor.t, who was dressed in © light green sult, with sacks to math om 1 and keeps futcting up bis; i aid Capone is a victim of seemed partniiany danger tis hatched his chur over the jury box as if c prentest Sigh e ear ons.17 come Ce The questions Involved, ren: root of the jury, mre. first $$ $< $$$ $$$ { mecther or mot there in any ee on rarely raised bis voice eure ore . arvunpied no fo SIPS Re Le ea tie Gover nis case . Fore te the denis of EAMAT Grose Coponr He poinied ut ie 4 section that ine defendant knew be tas wis Rie, sreand, auestinn Is the Teccase in 1830 he eave ‘ ata in. ond othes generations are i noted in interested | / the Cun S Aerestrd in, named, iO three BE Yreamie tay dh jet enn the [me exidenee of ewihs ean a aure Ge ame: Pe peramunee. ar contd: Imko - Scent over the canter | peturning. a \etuist of EUIty RO een capone, Natsinsy 1 peased.” i sein ' had na prop: | Cal!s For Proofs etree ieoulcn't tell thy { peseried thst te prove aiat his income was [eaitfat evasion” of the Got Ina, sa. }the Government Must neeseraree “LT think it most sicnificant tpro.e that Capone tact a ere that at thal intersiew, dat [noose in exces? of $9009 and , ting] said an wre “E dount if Mr. Caponi give you any detailed int tron 25 te his income. Wah. dC ndd B rel rn|sy there vevid « thst feved> the tux and fF to caf must esianl: Pfeddure must by sear that Capo thie for errs Bed weapon He ss dent think if the man's | si had heen ot! i Shouse Capone he X PEXED carly heeanse off th bocca he ele two re Meas relea ed on Mac alier hi = hed tne eur ne testa! Evidence Attacked He Ran:bling house employe, one. of | the witnesses by whom the Gov yernment attempted to connect ‘Copone |. What are these men trying | to dor Are they really tesing to find this man gwilly of tax | evasion or are ther trinr to gee (his ease a0 am instrament fe pat At Capone waz? And what ate you. the §UTy, £0ing fo do about i? | *¥ou. the jury. are the only j ston in times of reblic ciamor. Judzes cannot do it, The powcr hasn't heen intrusted to them. “Don't let yourselves be drawn away from the trath by the claim that Al Capene is a bad mac, He may be the worst man that ever lived, but there is nut a scintilla of evidence that he Filfully attempted to defraud ‘the Government of the income tax sx charged tn the vndict- ment. Capone may be all the newspapers charge bim to be, hut if he Is, why have not these charges been preven against jm . ‘ Betrayal Is Seen i 1 | pink’ sald that Mattineiy be. trayed Capone in the famous let | ‘The Washington tax expert wes before ter of September 20, 3930. tacked the evidence of tan shoes and whoiLaster Shumway. former Cicero bulwark that can resist eprres | fo Clawson insisted that the ennferenre ot that thre Upene aamaicg it he o Government income tax for 927. 1928, ard 1928. Capone alears carried @ roll {§100 and $300 buls—“s roll bi enough to choke an Ox, as one witness testified.” ‘Al grinned sliehtly at thar lstatement. Clavson addec: “Yes, when we tried to cet ‘He sae ‘al frem him an fdes of bis in geome, we bad no help what ‘ever from him. Why, when we asked bim if he went un- éer any other mame than Capone, be said, ‘Ob, no,’ xct ft has been shown here thal ‘ he went under the mames of Meas, Costa and Phillips.” Clawson scotfed at the cos tention that Capone sost his tr come playing the races. “Even if he did tose heavily on the races, and spent mont: in other wars, be stilt bad plenty left, Dees anxbods fhink that this man did nat have @ large Income? Why the ea ts ridiculous. Eve: & child would know better. I! had an incumne that calied f paying to the Government susbstantial income tax.” a Letter Transcript Clawson teed to the jury ltranscript of the Mattingly Je ter of Septemonr, 20, 1930. 4 which Al's tax income expert 8 mitted that Capene had a te fable income of £266,090 for 77 lyears 1926, 1927, 1926 and 33.) He quoted with emphasis fret the letter as follows: “E (Mattinzly) am of the opinion that his (Capone's) (2¥- able income for the years 1276 | and 2927 mirht be fairly five? at not to exceed $26,000 an #40. and for respectively, to exered $100,000 per year. Clawson raid that ff a men falls to keep records of his { come, xs Capone failed. he cs so at his own peril. He said thi the’ only tangible evidenc= col cerning Csporic’s income was co: tained in’ the Mattiugty lette Me added that if the Matuns er be ignored, there would no way of getting at the inccmy the grand jury that returned the of Capone, “who doesn't want & indictments against Al. Fink sai “Hs not that the most terri ig pou ever Beard cf, te take 2 man's lawser befor Grand Jury sbout matters tran spiring between the lawyer and that frauded his AL Capone willfully Uorerament be. was) wenurions oF “¢ kind de. cause he ane talk” “Money, meney ereryehere— tnat’s all we've been hearine for the past week. Yet Capone had not 2 dollar far ble Gorers ment.” 9 [gt ~87X4 the years 1928 and 1825, nos |