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0 CHICAGO DAILY TRIBUNE 3-1-32 (EXPECT CAPONE TO WAIT IN JAIL ‘|U. S. to Withhold Action Pending Rehearing Plea 4a Capone, St appeared yesterday, will remain io the county jal for at Jeast another month before being taken to a federal penitentiary to werve hia eleven year term for in- come fax dodging. United States Attorney George E. Q Jotneon and his epsistanta had been considering the propriety of Questing the United States Circuit Court of Appeals, which on Baturday afin 1 e en vaesivu, to fesue & mandate for the gangster's immedi 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 counsel have made clear Aheir course." Will Ask a Rebearing, ‘This course was made clear by At- torney Michael Ahern, who said he would file a petition for @ rehearing within the twenty days he ts allowed by the Circuit court. District Attor- Prised of this determination, but in view of the defense plans it was re. garded as unlikely that the prosecu- thon would take any action until after the motion for @ rehearing was acted upon. ‘The government fa allowed ten Gays after the defense files, Its peti. tion for a rehearing in which to file an answer, although ten daya are sel- A MONTH LONGER ney Johnson was not officially ap. |' = cy apply to the United States Bu court for a writ of certiorari the Cirevit court refuses a rebeart of the Capone appeal, and be wo: be Glowed ninety daya to fle this ‘beti- ton. But if the rebearing ia denied, the prosecutors, It was wil certainty oppose the granting ef a may of execution for Capone fer the three months. - : ——— —_ needed, and Use Circuit acts promptly wat Prepared to Seek Wt.