The Waterbury Democrat., 1931-07-31

Capone of arriving at just de- ! cision. Ahern said, but our client (Capone) feels that he is being badly treated"
 Well" retorted Wilkerson,
 you know what can be done about that"
 Judge Wilkerson said he could , not believe that the conspiracy case was brought without prob able cause"
 His statement follows: "In the income tax cases, the ! motion to withdraw the plea of guilty is granted. As the cases are to be tried, the interests of justice require that there be no further comment on the proposed recom- mendations or the arrangement that was attempted for it. The case is set for trial September 8. AS to the conspiracy case, the ruling Con the motion to with draw guilty pleas) is reserved and the motion taken under advise ment for disposition September Is.
 l "The matters covered by the (consplracy) indictment should be
 presented to another grand jury as the enumeration of overt acts
 the defendants and others are
 charged with covers substantial
 offenses within the period of the
 statute of limitations for which q
 heavier penalty is provided than
 that under the conspiracy indict-
 ment.
 "The court will not believe. un-
 less 1t Is forced to do so, that the
 language of this indictment was
 chosen without probable cause
 merely for the purpose of creat- ing the impression that this de- fendant had been 0 fragrant law
 violator over q long period Of
 time.
 This is a matter which must be 1 inquired into fully" Judge Wilkerson read his state mcnt after q conference in cham
 bers with Leopold Melnik and Michael Ahern, Capone's attor- neys; U. s. District Attorney George E. c. Johnson; Johnson's assistants, Victor Larue, Dwight H. Green, Jacob I. Grossman and Samuel Clawson; William Froe- lich, sent from Washington to aid the Capone cases; A. r. Madden. chief of the intelligence unit here, and a number of investigators. In addition to Capone, Thomas Nash, the third of his attorneys, was missing.
 Members of the federal grand jury also were present in cham bers. After the conference. Judge Wilkerson ascended the bench and read his written statement. "The grand jury may step for ward" he said next. Not a word had been spoken in the surprised courtroom, except by Judge Wilkerson.
 The grand jurors then were charged to investigate the Capone liquor conspiracy.
 "Gentlemen," said Judge Will kerson, talking to the grand jury. there was returned in this court an indictment No. 23258, United States versus Al Capone ct al (thc other defendants number 68) In June of this year.
 "The defendants are charged in this indictment with conspiracy to violate a certain statute. Follow ing Q rule inclusive of this kind of case, certain overt acts were charged. among them conspiracy to violate the prohibition law in the manufacture Of intoxicating liquor.
 "I charge you to look into this and see whether or not there were subsequent offenses." Judge Wilkerson then left the bench and the courtroom drama was over.
 The principals departed quickly. pnpa ,uiIIinU to offer anV word of comment.
 District Attorney Johnson's only words during the proceedings were remark to Judge Wilkerson that the government desired m early date for trial of the income tax case.
 "The case is set tentatively for September g." Judge Wllkerson said "If any change In this rul- Ing is made, counsel will be given two WeekR' notice"