Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-10-25
CAPONE BOND PLEA
ONLY CHANCE LEFT
Judge WiIkerson Postpones
Gangster's Departure to
Prison to Tomorrow.
Continued From First Page,

C.y
could reduce the penitentiary term by
good behavior was three years At the
end Of seven years in Leavenworth,
therefore, he might begin serving the
jail sentence.
In addition Capone was fined $50 900
and ordered to pay the prosecution
costs in the case, estimated at 500 900.
The amount Of income tax which
the Government charged he owed was
$2l5 900, and that f1gure was expected
taxation on other income. evidence Of
which was brought out by the Govern
ment during the gang leaders two
weeks trial.
Wife Named In Liens.
Liens filed by the Government, at
tached his $4,000 Winter home at
Palm Island, Fla, and three safety de-
pcsit boxes in Chicago bank. His
wife, Mrs. Mae Capcne, was named In
the liens with him.
Government attorneys and Chicago
civic cficials were jubilant over the
conviction and sentence. Capone's
attorneys had little to say except that
they were mot through yet" After
his first outbursts Of rage, Capone set
tied down in his jail cell and said:
ut was bit below the belt, but If
we have to do 1t, we can do it. I've
never heard Of any che getting more
than five years for income tax trouble,
but guess when they're prejudiced
against you, you've got no chance, even
If you have goc Lawyers
The luxury, with which, Capone lived
20 xu0C
brought cut in detail curing his trial.
Scores Of his more elaborate purchases,
including '$i2.500 automobiles, Sf35
suits. and $50 shirts, were recounted
to the Jury. Then his own attorneys
brought witnesses who testified he lost
1927 600 en- horse-racine bets In i've
years.
Just Another Man"
Climaxing q three years investigation
by under-cover agents, the Government
brought witnesses here from as far
away as Washington, D. c., and Miami,
Fla, to tell Of his expenditures and
receipts Of money.
Defense attorneys charged Capone
was being prosecuted 'to satisfy public
clamor." The government character
lied him as lust another man, q man
named Alphonse Capone, VINO tried to
cheat his Government"
The court of Judge Wilkerson has
been sad place Of reckoning for Ca
pone. Today's sentence was the most
severe jolt the gangster had received N
that court room, but 1t was not by any
means the first.
Last February Judge wilkerson, q
gray-haired, energetic man Of 81, ad.
judged Capone guilty of contempt OF
cape appearance before a grand jury
He sentenced the gangster to six
months.
Held Capone's Bodyguard.
Last July when Capone had pleaded
guilty to the income tax and prohibition
conspiracy charges on a promise of a
fairly light sentence, Judge Wilkerson
blew up the whole proceeding by say
ing he would not be bound by any
agreement. He allowed Capone to
change his pleas.
And during the income tax trial the
court ordered Capone's bodyguard,
Philip D'Andrea, searched. A loaded
pistol was found In his pocket. Judge
Wilkerson not only ordered D'Andrea
to show cause why he should not be
cited for contempt and held him in Jail
without bond, but he also instructed
the prosecutor that If Capone knew his
bodyguard carried the weapon into
court, Capone, too. should be cited.
A district judge for nine years, Judge
Wilkerson has a knowledge of law that
enables him frequently to anticipate the
arguments of attorneys and say, .''Yes;
I know that case He is not without
a sense of hurnor, but Is a stickler for
dignity in his court. In the recent Ca
pone trial he frequently cautioned the
Government about its references 70 "Al."
This Is a lawsuit" he said, and
here we will refer to him as the de-
PENDANT"
vr G AGENTS. PLEASED.