Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-10-24
AL CAPONE GETS IL YEARS,
$4,000 FINE AND MUST PAY
100000 PROSECUTION COST
Cangster Ordered Sent to
LeavenwOrth Prison
Tonight.
DEFENSE PLEAS FAIL
Up enitentiary Special
Held Up for Imme-
diate Trip.

CHICAGO, october "a R.-Fred-
erick j. Campbell. clerk of the
United States Circuit Court Of APP
pea!s. informed Capone's attorneys
that he could co nothing further in
their appeal for a supersedeas to
prevent the gangster's departure for
Leavenworth tonight. He said it was
too late, as the court closed at noon
Saturday.
BY the Associated Press.
CHICAGO, October 24.-"Scarface
AL Capone, underworld car of Chicago,
was sentenced today to IL years i'm
prisonment for violating income tax
laws and ordered taken tonight to start
his term in LeavenWorth Penitentiary.
Federal Judge James H. Wilkerson
not only passed a sentence more thar
twice as severe as had ever been given
an income tax evader before, but he
denied every motion which would have
given the big gangster his freedom while
the case was appealed.
In addition to the sentences, 90 years
in the Leavenworth Prison and one
year in the county jail, Capone was
ordered to pay a $4,000 fine and the
costs of prosecution, estimated at about
100000.
Terms Run Concurrently.
The court employed the maximum
possible penalties on the five counts on
which Capcne was convicted, but cut
the penalty from the possible maximum
of II years by ruling that several terms
should run concurrently.
AS the gangster, downcast and appar-
emily dazed by the sentence, was led
from the court room he was handed a
demand for taxes and Immediately after
ward lien OIL his $4,000 Florida estate
and on three safety deposit boxes in
the Equitable Trust Co., a bank on the
South Side of Chicago.
Capone appeared to lunge at Deputy
Collector of Internal Revenue E. p.
Henthorn as he was served with the
legal papers. His face grew ivid ana
he cursed. Two deputy n,arshals held
him.
Attorneys Appear Frantic.
Last Saturday night, when the jury
returned its verdict convicting the gang
leader on five counts and not guilty on
Is. there was some doubt as to which
side seemed more elated. But there
was no doubt today Capone, his huge
shoulders hunched forward, was glum.
His attorneys were almost frantic IN
their efforts to obtain his freedom pend
ing appeal.
United States District Attorney
George E. @. johnson, who directed
the prosecution and asked the jury IN
his final pea to convict this man who
tried to set himself above the law.
smiled broadly, but refused comment
It was the high point Of his three-yea1
drive against Chicago gangsters.
Judge Wilkerson, denying defense
motions for BAIL for writ OF super
sedeas and for stay Of sentence, or
dered the defendant remanded imme-
diateIy to the custody of the United
States marshal, to be taken to prison
Defense attorneys asked him to instruct
the marshal not to take Capone to
Leavenworth Immediately.
That's ALL" Says Judge.
The court replied he had no fur
Their instructions to the marshal and
with a gruff announcement, That's
all" walked out of the court room.
Marshal Henry Laubenheimer took
the gangster to the county jail and said
his office would follow its usual Gus
tom by starting for LeavenTorth with
Capone tonight.
That the Government anticipated
taking Capone to prison tonight was in
dictated. by the delay of the "Peniten-
tiary Special which was to have taken
the regular contingent of convicts to
Leavenworth last night. The train was
held over until tonight.
On board will be another public
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