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‘ Writ Signed Asking Return — of Capone for Racket Trial A Tormal request for the return of, Al Capone from Atlanta penitentiary stand trial inthe Seok county ‘Crimfnal court with 28 other persons: pamed Ip @ conspiracy Indictment ebarging racketeering was signed yes- terday by Chief Justice Jehn Prystal- ski at the request of Acting Btate’s Attorney ffrever C. Niemeyer. ‘The request was in the form of a writ of habeas corpus as provided onder the law fer the return of a prisoner to stand trial on another tn- dictment. The first step in the pro- eeceding was te set @ trial date and, at the request ef Mr. Niemeyer, Aug. $9 was the date fixed. The application for the writ ef habeas corpus was) then presented Judge Prystalski and signed. Approval Up to Washington. The action of Judge Prystaisk! is ot binding on the federal authoriti {who have Capone in the Atlanta ;prison under a 10 year sentence for come tax fraud. ‘The writ was for, led to Warden A. C. Ad ‘holz Atianta, whe ts turn will send it to” Washington. . a ‘There 1 must be senctioned ¥y At-- torney Genera! Cummings. ‘The attor-~ Bey general is expected to retare to Washington in a few days from a ‘cation trip in Compecticut. It ts baliaves by Cook county offi- ctals, however, that the government wil} grant the request Inasmuch as State's Attorney Thomas J. Courtney ané United States District Attorney Dwight Green Wave already conferred on the sratter. = * , Pian of State Prosecutors, ‘The plan of the prosecution ia to try Capone on the racketeering charg: and If he ls convicted have him serve the new sentence after he has fin- ished his federal sentence. Among those Indicted with Capone on the racket conspiracy charge are Murray Humphries, his successor in gangland; Dr. Benjamin Squires, eeon- omist and labor arbiter; Ald. Oscar | Nelson of. the 46th ward; Aaron Sa. piro, New York attorney, and Atto ney Morris I. Kaplan, counsel for al trade associations, Squire ig ci isting extradition in New €~l6~-S%. b9- /fo-A NUT RECORDED