Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-07-31
Wilkerson at Surprise Ses-
sion Reserves Decision
on Dry Plot Motion.
HEARING IN SEPTEMBER;
U. S. JURY TO RECONVENE
New Indictment Carrying Longer
Term Sought-Schall May Ask
Probe Of Deal"

CHICAGO, July 31-"Scarface Al"
Capone was allowed to withdraw his
plea of guilty to evasion of income
taxes today at an unexpected morning
session Of court called by Judge James
H. Wilkerson.
The court reserved decision, however,
on the gang lords motion to change
his plea on the indictment for conspir.
ing against the prohibition law, and,
calling the Federal grand jury before
him, directed it to review the 5000
ofienseS cited with view to reindicting
Capone on charges bearing q heavier
penalty.
The gangster has another i've weeks
OF grace before he Is arraigned again,
September 8. At that time Judge
Wilkerson will set the income tax cases
for trial probably the last week of Sep
TENDER, and will rule on the pleas in
the liquor indictments.
The court gave its decision shortly
after 10 am, having summoned at
torneyS at the last minute, apparently
desiring to avoid the turmoil of crowds
that attended yesterdays session.
Only Michael Ahern was present to
represent the gang chief, and he took
no part in the proceedings. judge VIII
kerson gave brief statement Of his
decision, docketed the case for hearing
and ajourned court. Capone was not
present.
Orders New Jury Probe.
Upon adjourntng court yesterday
Judge Wnkerson indicated he would
give his decision at 2 pm. today, and
the morning summons was surprise
In q brief statement IN open court
the judge said he believed the specific
accusations made by the grand jury re-
quired more serious charge than that
contained in the liquor conspiracy in
dictment and he summoned the grand
Jury before him and directed that the
evidence be presented anew before 1t.
Relative to the agreement between
Government attorneys and defense
counsel that the prosecution would
make certain recommendations, assert
ed by the defense to mean @ lenient
penalty, Judge Wilkerson observed:
'AS the cases are to be tried, the
interests Of justice require that there
be no further comment on the pro-
posed recommendation or arrangement
to s'A it." "A' A''e'''0 WIN references
It was the courts insistence yes
terday that Cspone take the stand per-
sonally II he solicited leniency, and that
all evidence in the cases be presented
before him, that brought the request
Of the gangster's counsel to withdraw
MS BUuIy pleas anu SEa1O LIl61s
Full Inquiry Desired.
In reserving a ruling on the desire
Of Capone to stand trial on the prohi-
bition count. Judge Wilkerson said:
The matters covered by that in
dictnent should be presented to an
other grand jury.
I'm the enumeration Of overt acts
the defendant and others are charged
with substantial offenses within the
period Of the Statute of Limitations for
which a heavier penalty is provided
than that possible under the conspiracy
indictment.
THE court will not believe unless
forced to 90 so that the language Of
this indictment was chosen without
probable cause, merely for the purpose
of creating the impression that this
defendant has been a fragrant law
breaker over long period Of time.
This matter must be inquired into
fully"
Comment PIeaSes Ahern.
Attorney Ahern, who had been adj
vised of the special session only IS
minutes before court opened, listened
to the statement without word. Then
he said he regarded the courts COM
ment on the prohibition conspiracy
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