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1 PAGES, poate sl ———— IPL PANT é Gir CALEY 1YE; Federal Court Brushes Aside! L Teshnéctinies toe Sentence Loe Cateazy fanet As oud, iil Fig vif Atta Judze Wilkerson Places Penalty Masimum fer Ine Close wom bay Vaeration, TT ) Appcal to Detay Entry In Prison Now OGers Only Refuxe oy Racket Chief, \ LAW PASSES VITAL TEST; Heodium. Stunned Outcome, Curses an He Faces Time in Penitentior: wy the tincssatee Pree) Feder2] building, Chicago, Oct. 24.—"Scarface Al” Capone. -underworid leader of Chicazo.! wes eontenced today to eleven’ ate iy moineets ts pel tw pWEIt penis tentiary. In addition to the sentences. the Leavenwer ix tHe coun- was ordered to Prison incene y ty jail, Cepo: ppay a $54.03 f ‘of prosecution, febout S16.0 oa rere Metin Federal duce Jaiaes He Woiae pevrrd @ genienes more estimated at :50P not o1 [ues twice as ecvcie we had ever la. pestep an inestae tua evades before, peut [would have given the bi [frtednm white the eae was appea'rd | Lere: dudze Wilke rsou ordered thre 'Capone be held at tne cor a wnt Monday to permit his eiorer: to seek bond on Veirewit court ¢! \previourty tha jtaken to La pmmeasatels, pie yp mmuen eaatrier fis Leemce oF Ihe Unwed § rppeals, Tae juss eidered the gence: awOrth penitent ory | Te court emptoped The mexienum ‘po + pensities on the five counts ion watch Cupone wss convicted. but Feut the peavity from the porsible [mrateum af rverteen yrare by nile tog tint + veral terms abould run Seeneurrentt: ' As the Ist rem “...: courtroom he was Rites A for taxr, and im- vmediately aftervard a Ben on his js«0.000 Florida estate and on three s:fe deposit boxen in the Equitable | rust Compzny, w bank on the South Side of Ciicaz0. Curse at an Officer. + Capone cpprared to lunce at Z. P. Henthorn. » d=putr eoUector of in- ternal revenue. 9s he was served with the legal papers. Has face grew livid "end he eursed. Two deputy marshals ‘held him { Last Saturday night, when the Jury (returned its verdict convicting the [pang leader on five counts and met tguilty on eighteen, there was same jGount as to which side seemed most \esetea. ‘But there was no doubt to- cay. Capone, his buge shoviders | Punched forward, was glum. Bis at- serneys were elmust frantic in their efforts te obiain his freedem pending zpp.al District Astorney George E.@ John-; fon, whe directed the prosecution and weged the jury in his final ples to; ‘eantutt “this man who tried to wx! smiled himself above the ini,” | borcti, bet refused comment. Nn vas the hich potnt of bis 3-sear} compaicn acainst Ch.cazo gangsters. Semimst Beds The defense filed notice of an ap= Hh. teats ar ectG Ubet perfection, ct appeal should auromatically serve | wim supereedeas, asking Judrej Wilkerson to trsirect the marshat to! lay taking Capone to Leavenworth | pevitentiaty, The court refused. The povit'y abeesaed by guzze | Wiikerson w2° five years and $1000 en cach of three felony counts aud one Sear and $30,000 en cuch of two 2 Weabor Counts, Besvence on to Of the felony counts w to run concunenilv, boweve:, as are the tro muarmeanor sentzners. the Judge Wilkerson, tm ordering defend 10 prigon immediately, sald that if wae higher courts should re-/ ‘Verse the verdict oo the felony counts, Which charze evasion of income taxes for the years 1925, 1996 and 1907, Capone could be given credit tor whctover time be had pcrved. the errs te apaty en * 2 meaner jSOun.s as Gell as Bis lonth oon tempt ef court sentence. | Capone was charsed in the indict Jmencs with evadicg $215.00 taxes on 18 6-year Income of 61,0386. The Jury convicted bim of evasion for only three years, bowever, oo & §357.283 income in 1925, $195,871 income in 1926 and $218,036 income in 1977. ‘Ths two additional counts on which be was convicted were misdemeanors charging failure to file returns in 11928 anc 7929. When Capone bas! served six months in Leavenworth he, ‘Will be Firen eredit for a contempt of | Sourt sentence of stx months, passed by Jucee Wilkerson last February. ‘Tais butky, swarthy man, # notori- Ous G2ncter for twelve years. inter- Rationeily infamous bead of his own wUdicate for six, bas spent Jess than] j Ome scar in jail The only previous: {term war in Philadelphia. where he; iuerved # little more than nine months fof a Ievear sentence for carrying con- feesiea weapons, Hie notoriety as a ruthless gang }iceder fisured only iu the closing ar- jumer.:s of his income tax trial, and then briefiy. Capone's attorneys seid he wos ating persecuted to satiniy Public cisror, that the government would hase tried no other man en {kimilar eviderce and was merely try- \ tng to “ret Capone” Distriet Attorney Johrson told the jury he did not deny the “grr. public anterest™ tn thes trial, but he was not asking tha! body” te consider {2. {