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Tevme jo/a6 3/ Argument. Assistant U. S. Attorney Jacob 1. Grossman estimaced the Capone income at $120,000 in 1924: $250,000 in 1925; $195,000 in 1926, $270,000 in £ $140,000 iN 1928; $104,000 in 1929—toral $3.024.000. Declared be: “When thay [the defense) put thosc gamblers on as witnesses they admitted that we bad proved our case. Why prove deductions if we have not proved income?" ‘Mr. Fink, still feeling burt, thought the language of the indictrhent was “vague. indefinite, uncertain,” felt that a great injustice had been done to Snorkey in charging him with “attempting” to evade gax payments. Snorkey. be said. bad only “omitted” to do his duty. In Washington, Treasury officials punched a bole in Snorkey’s only defemme by pointing out that race track losses could not be de- ducted his income. If he lost con- sistently, they explained, the money be iost must have come from other sources than the track, and therefore he must pay income on it. Lawyer Ahern deplored tbe “great public ¢lamor” aczinst Snorkey calicd him a “mythical Rotin Hood.” Prosecutor Johnson indiznantly insisied the Government was presenting the case with “high purpose.” : “Charge. Judee Wilkerson hitched his chair towcrd the jury bex ond leveled his bushy brows at the jurymen. to deliver his charze. Excerpt “Mere failure to file an income tax does not constitute ‘attempt’ to evade or defeat the tax... . To convict vou must find beyond rea inient to defraud und alo seme act deag in furtherance of that intent... .” Snorkey looked blissfully content« ¢ as the jury filed out. In a brich: gree: suit ($135) and grecn-spotted tie he sted in the corridor and smiled. Also pleatd with Judge Wilkerson’s dispessionate charge were Counsel Ahern & Fink. A moment later Snorkey disappeared. It was 2.49 Pm able doubt that there was , Verdict, At 0:50 p.ni. the jury was ready, but Snorkey was nowhere to be seen. Lavyer Ahern rushed to a telephone. Fifteen minutes later in popped Snorkey. ting, sweating. He tossed a green coat hat on the counsel table, mopped his fat bead with a green handkerchief. In ame athe jury. “We, the jury. find the defendant puilty on counts 1, 5. G. 13 & 18 in the second indictment, and mot guilty oa counis 2, 3, Erbe ee 36, 17, 59, 36, 21 22. Judge Wilkerson looked puzaled, So did Messrs. Abern & Fink “Inconsistent.” mumbled the prosecution. Snorkey grinned broadly. Soon the meaning of the verdict became apparent. The jury had decided Snorkey feloniously “attempted to evade & defe: the income tax in 1925, 1926. 1927, but in 1924 & 1935 be only “failed” to pay up. The jury apparently thought be bad tricd his best in 1929 The prosecurion huddled and counted up. For each of the two years Capone had merely neclected to pay his tar. be _ might be sentenced to a year in the peni- tentiary; for each of the other three years he could be given a five-year sentence; on every count he could be fined $10.00; total. 13 years. $30.60. Inconsistent ot not. the Government was satistied with the verdict. moved to attach his worldly possessions in bev of the $215,000 be owed. Snorkey did mot think Judge Wil kerson would sive him the maximum penalty. He erinteed in all directions around the courtroom. then got to his feet, hur- ried to an elevator. descended to the street. jumped into 3 waiting automobile and disappeared into che sprawling city whose thousands of illicit night haunts were his Empire. : “Ps oa!