Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1931-10-18
CANISTER IS
CONVICTED ON
FIVE COUNTS
Year Term, $4,000
Fine Maximum
Penalty

OAAASAh1Ot W. 70 -FFF- Az
phonSe Capone. Cbicago's notorious
gang character. va convicted By n
federal court jury tonight on five
out OF 80 counts charging evasion
Of income taxes.
The jury took eight hours and In
minutes To reach a verdict. The
counts on which Capone was con-
victed include three felony allega-
tons OF attempt 10 evade and de-
feat income taxes for the years
1925, 1926 and 1927 and two mis-
demeanorS counts charging failure
70 file income tax returns In 1929
and 1929.
The maximum penalty possible
Is III years imprisonment and $50
600 fine.
Many D~Tpllcations
The big gangster was acquitted
on the one indictment charging at
tempt TO evade and defeat taxes
on a 1924 INCOME. He also was az
quilted OF II feGny accounts on
the second Indictment many or
them Implications OF the counts
on which he was found guilty.
The jury was polled once and
then, after Asst. u. .. Dist. Atty.
Jacob !. Grossman said 1t appeared
the Jury might have been mixed IN
the numbers OF the various counts
the attorneys went into a confer
ence as SSrecess was called.
The jury was given the case az
2:43 ~ m. today and d~eliberated
constantly without even a bite to
eat, until 1880. when NJ sem out
word that II had reached its deci-
sion.
Gang Czar Smiles
The husky gang car. dressed
Tor his final day I'm court ~ "A
light green suit, was summoned
from his hotel headquarters and 70
minutes later the II men filed Am
with their verdict.
Grossman said IL appeared 'in-
consistent" that the Jury should
find Capone guilty OF evadlnF taxes
In 1925. 1926 and 1927 AM not
guilty OF similar felony counts I'm
1928 and 1929.
The defendant smiled as the
verdict was read by the clerk OF
the court. One or his attorneys.
Albert Fink, announced informally
intention to file n motion for A
new trial, and later withdrew the
announcement.
TAXABLE Income
The three felony counts ON which
Capone was convicted charged that
his income was $257,285 III 1925.
$l95,676 in 1925: S2l8.056 IN 1927
and that nc attempted 10 evadc and
defeat taxes on these incomes. The
government did not attempt 10
prove these exact amounts, however,
and the court instructed the Jury
that II should find CapOne guilty
II ~ determined that he had mere
ly a taxable" income. one over
$1,000 for each or the years In
question.
The trial ended IN confusion, with
the government apparently more
concerned oyer the jury'S failure
TO convict Capone on ma or the
counts than the defense was with
his conviction on five OF the charges
Capone and his attorneys. all
smiling went into "a huddle In the
corridor during the short recess,
Michael Ahern, N Of the defense
lawyers saying 1t was what ex-
pected.r
Hears sentence Tuesday.
Judge wilkerSon after much dis
cussion granted a request BY the
defense TO argue their motion for
arrest or the judgment and set 10
a. m. Tuesday AS the time.
All other motions win be argued
Tuesday also the court said.
Counsel for the government re-
ceSSed for ten minutes to confer
ION the consistency or the verdict"
limiting that the contrasting judy
mentS on the several counts might
need be looked into
They reported after a conference
that the statues showed the verdict
70 be consistent. Attorney Ahern
had said the sane from the tine u
was returned.
Although the Judge said he was
very clear about the improperly
OF an arrest or judgment, attorney
Fink promised to cite him "a long
line or cases"
Judge Wilkerson adorned court
without passing sentence, indicating
he would sentence CaDone Tues
day after he had heard motions
from both sides.