Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-05-19
Al CAPONE FOUGHT
JAIL, COUNSEL SAYS
Judge Refused to Grant
Leniency to Gangster,
Attorney Declares.
BY the Associated Press.


PHILADELPHIA. May 18.-Tt became
known today that "Scarface AL" Ca
pone, man of affairs In Chicago's under
world, under sentence of one year in
prison for carrying loaded pistol in
this city, made desperate efforts through
his attorneys to save himself from going
to prison, or failing in that to have the
court give him short sentence.
The court refused to grant any leni-
ency and treated him and his body
guard exactly as 1t has been treating
other offenders of the law convicted
of carrying concealed deadly weapons.
division of the Municipal Court said
he did not take seriously the opinion
held In some quarters that Capone
walked into a police trap to save him
self from rival gangsters.
Like ANY Other Case"
'The case of Capone was handled like
any other case" said the judge. Before
he and Cline were placed on trial, !
had sentenced two other men for the
same offense and each was given the
maximum prison sentence, one year.
Bernard l.. Len1iSch, who, with Cor
nelius Haggarty, jr; repressnt1ed emu ,ade eae
proposals to Judge Walsh for liberty
or for leniency before Capone and Cline
had entered their pleas Of guilty.
MY conversations at side-bar with
the judge," Lemisch said, involved
INV pleas for leniency for Capone and
Cline. Judge Walsh would not con-
slider anything but the maximum SEN
tence and had to bow to his Juog-
ment."
Says Capone Is Through"
James tshooey) Malone and John
Creedon, the two Philadelphia detec-
tives who spotted" the two Chicago
gangsters In the theater crowd Thurs
day night, gave their version OF the
arrest today after they had been COM
mended by superintendent OF Ponce
william B. Mills for their alertness.
"From the remarks that Capone
made to me am sure he was anything
but pleased in being sent to jail" said
Malone. "Once gang leader is put
behind bars it ends his prestige. He
has shown he Is no stronger than the
law, and that ends him. Capones
career as gang leader is over.
Two With AL Escaped.
Malone revealed that two other men
were with Capone and Cnne pe1ore
they were arrested, but that these men
managed to get away. The detective
denied that Capone and Cline had Of
fered bribes to him and Creedon for
their release, and also denied that he
and Creedon had been threatened with
death by friends Of Capone.
Lieut.. Creedon and were coming
along in a motor car" he said. Il saw
three or four men in theater crowd.
one of whom, who was few steps
ahead Of the others, recognized as
Capone.
"Creedon and I hurried into the
theater and with the assistance OF the
ushers and their flashlights, we made
a check-up along the aisles, but could
not locate the Chicago gangster and
his friends.
Sought Aid Of Traffic Officers.
Leaving Creedon at the entrance to
the theater I went to the corner to ask
assistance of two foot-traffic police
men in making the actual arrest OF the
gangsters because expected trouble If
we were not recognized as detectives,
as there is a practice in the UNDER
world of having fake detectives grab
gangsters who are to be taken for a
ride.
Returning to the theater, we waited
until Capone and Cline came up the
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