The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1931-07-31
GANG CHEFTAIN
GETS PERMISSION
TO CHANGE PLEA
Federal Judge Announces Deci.
sion In Unexpected Morn.
ing Session Of Court
HEARING DATE SEPTEMBER 8
Jurist Reserves Ruling on Ap-
p~lication to Change Pleading
in Liquor Law Case

Chicago. July 31.-Re"scarface
Al" Capone va granted leave to with
draw his plea Of guilty to two In
dictments for violation Of the income
tax laws in an unexpected morning
court session Friday.
Federal Judge James H. Wilkerson
set the case for hearing September 8
and announced he would reserve
decision until that date on the gang
ster's motion to withdraw his guilty
plea on the indictment for conspir-
ing against the prohibition law.
The application for permission to
change the plea was made Thursday
after Judge Wilkerson had announced
he would not be bound by m agree
ment between the prosecution and
the defense and attorneys for both
sides had admitted an agreement to
recommend q light sentence for Ca
pone had been made.
Few 1T Session
The court gave its decision shortly
after 10 q. m, having summoned at
torneys at the last minute. apparently
desiring to avoid the turmoil OF crowds
that attended Thursdays session.
Only Michael Ahern was present
to represent the gang chief, and he
took no part In the proceedings. Judge
Wilkerson gave . brief statement Of
his decision. docketed the case for
hearing Sept. 8, and adjourned court.
Capoue was not present. q. 8. Dis
trict Attorney George Z q. John
son said he expected . trial date
would be set Sept 8 or late u that
month.
Upon sdtouruing court ThaKsday
Judge WIlkerson Indicated b would
give his decision at Z p. n. Friday
and the morning summons WaS .
surprise.
In a brief statement In open court
the Judge said he believed the speol-
fic accusations made by the grand
jury required . moro serious charge
than that contained In the liquor
conspiracy Indictment. He summoned
the grand jury and directed that
evidence be presented anew before 1t.
Wants New Grand jury
III xC6Cx WIZ = x04&&48 VI vASO AO0AAS
Of Capone to stand trial on the pro-
hibition count, Judge Wlkerson said:
1.-The matters covered by that
indictment should be presented to
another grand jury.
1.-THE court will not believe, unless
forced to do 50, that the language OF
this indictment was chosen without
probable cause, merely for the pur-
pose Of creating the impression that
this defendant has been q fragrant
lawbreaker over q long period Of
time.
This matter must be inquired into
Attorney Ahern said he regarded
the courts comment on the prohi-
bition conspiracy indictments Is ia
vorable to Capone forcing the gov
eminent to prove the 5000 overt acts
1t alleges he committed in violation Of
the prohibition act i.
Judge Wilkerscn intended calling the
trial Sept. 8 but on request Of the
district attorney agreed to hear mo-
tons then and set the trials for the
last week Of September.
Intimation Capone may ak .
change Of venue from Judge Wilker-
son vas given by the ~gangster's
counsel.
my client feels that you are preju-
diced against him." Attorney Ahern
told the Judge. II do not think 90"
IT he feels that way" Judge VIII
said, The could transfer the
case to another judge"
Attorneys pointed out that .
change Of venue Is frequently granted
in federal courts and that cases on
record show convictions were reversed
because . Judge had refused .
change.