Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-10-16
CAPONE CASE JURY
!. HEARS FINAL PLEA
U. S. Prosecutor Delivers
i Argument That Defense
! Admits Big Income.
Nv the Associated Press,

BY the Associated Press.
CHICAGO, october ia Federal
fury was entreated today to convict
Alphonse Capone the mysterious" bad
man who lived like an Indian prince"
but tried to cheat his Government"
Federal prosecutors, first to present
final arguments In the Capone income
tax trial, told the jurors that the evil
GAnce elbows guilt beyond all reasonable
doubt ana affort,ed them the privilege
of putting your stamp Of disapproval
on such conduct"
Assistant United States District At
torney Jacob 1. GrosSman sounded the
keynSte of the prosecutions plea IN
review Of Government evidence late
yesterday.
Points to Mysterious" Acts.
Grossman said there could be no
doubt, from facts shown during, the
trial, that the gang leader had an
enormous, a fabulous income" and
that he tried to evade payment OF tax
on 1t.
TT was against the principles OF
this man and the gang he headed ever
to deal with the Government" Gross
man continued. THE Government was
the law'-something to be avoided.
They were trying to make money In
their own unlawful way. And when
one embarks on life OF crime, one
crime leads to another"
His very manner of doing business
was indicative Of Capone's guilt, the
prosecutor said. He pointed out that
the gang car was mysterious per-
son." who used many different names,
had no bank accounts or financial
records, dealt almost exclusively in cur
rency and had his underlings handle
all transactions possible.
SAYS Defense Admits Income.
1.-THE evidence shows him spending
money like a baron or like an Indian
prince scattering diamonds and jewels
around" Grossman said. I'VE showed
that he spent $l16,637 in the years
1927. 1928 and 1929. He himself pro-
duced evidence Of additional eXpendl-
lures, other hundreds of thousands lost
on the races. All this money must
have come from somewhere
GroSsman argued that the DEFENSE
admitted defeat when it brought on the
stand bookmakers to tell of Capone's
betting losses, about $327,000 in six
years. Anticipating that the defense
would claim this amount be deducted
from Capone's income, Grossman SAID,
why prove deduction, If we have
proved no income?"
The defense introduced the last OF
its evidence yesterday, but consumed
several more hours in unsuccessful at
tempts to have Federal Judge James
H. Wllkerson order a directed verdict
of acquittal and to have part OF the
Government testimony stricken from
the record.
Both sides were allotted four hours
for final arguments. There was a pos
sibility that the case might be speeded
up and given to the jury tonight.
Capone Yawned With Relief.
Defense attorneys made objections to
practically every item OF evidence IN
Produced by the Government. They
objected particularly to evidence re-
parding Attorney Lawrence P. Mat
fingly, special tax man, who told rev.
enue officials that Capone had admitted
having a S266,0o0 income over five
year period.
Judge Wilkerson overruled each OF
the motions. He confined closing argu-
ments to four hours each, saying. the
case should go to the jury at least by
Saturday afternoon"
Capone leaned his huge bulk back in
his chair, yawned prodigiously, and then
smiled in obvious relief yesterday when
Defense Attorneys Michael Ahern and
Albert Fink announced resting OF their
case. The defense had taken day and
a half to present its witnesses; the Gov
eminent occupied six days.
The contempt case of Philip DAN
drea, bodyguard who protected" AL
Capone with q pistol in Federal Court,
was continued until Monday, Judge
James H Wilkerson said, interrupting
arguments.