Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-02-27
CAPONE CONVICTED
IN CONTEMPT CASE;
GIVEN. SIX MONTHS
Judge Brands Affidavit Con-
corning Illness as "GIar-
ingIy False"
TRIAL BASED ON FAILURE
TO FACE JURY IN 1929
Refuses to Leave Seat at Court and
Answer Phone Call From London
During Hearing.
BY the Associated Press.

BY the Associated Press.
CHICAGO, February 27.-Al Capone
was convicted Of contempt in Federal
Court today and sentenced to six
months in County Jail.
Judge Wilkerson in announcing his
decision declared it was evident that
the affidavit which attempted to show
Capone was i'll and in bed when he was
wanted by the Government two years
ago, was ''glaringly false
The effect of the affidavit. the judge
declared, was to hamper the admin
istration Of justice" and this court is
not to be tempered with"
The contempt consisted of Capone'ss
failure to appear before a Federal
grand jury in 1929. He sent an affidavit
accompanied by a doctors certificate,
from his Miami, Fla, home that he was
too i'll to risk a trip to Chicago Later,
the Federal attorney charged, it was
learned that Capone had been at the
races and had made a trip to Bermuda
during the time of his alleged illness.
During the hearing Capone produced
two physicians and two nurses who tes-
titled that the defendant was really i'll
at the time he refused to come to Chi
cago. They said removal from the mild
climate of Florida to the rigorous north
might cause a relapse. The gang leader
returned to Chicago Friday secretly and
kept himself secluded until the case
was called He slipped into the Fed
eral courtroom heavily guarded and un-
observed on the three days of the hear
ing.
Carelessness admitted.
Judge Wilkerson held that the fact
that Capone finally appeared before the
grand jury and was questioned made
no difference as far as his contemptu-
Gus act was concerned. The point was,
he said. that the respondent had caused
to be sent up to Chicago an affidavit
which he knew to be false in an at
tempt to influence the court
Capone's attorney, Benjamin Epstein,
had argued in his final plea that Ca
pone did not read the afidavit signed
by his doctor. Epstein said it was adj
mitted the affidavit was carelessly
Judge Wilkerson interrupted to say
1T certainly was carelessly drawn. 1t
was trif1ing with the court"
The court allowed Capone his free
dom under the same bond of s.. 900 and
continuance Of 80 days from Monday
to prepare his appeal to the United
States Circuit Court of Appeals. II
ordered the prosecution not to prepare
the order Of commitment until next
Monday. The defense pleaded UMPIRE
paredness for an appeal in view of the
state OF the record and suddenness OF
the decision.
Quick Appeal Planned.
Epstein said there certainly was" an
appeal possible from a citation for con-
tempt OF court and he indicated he
would lose no time making the appeal
The precautions taken to prevent any
attack On the gang chief continued to
the very end of the trial. After the
judge had announced his decision. a
swarm OF bailiffs descended on the court
room to hold the spectators in the seats
until Capone had been taken out. Es-
corted by squad of detectives. he was
rushed downstairs and Whisked away
IN squad car as a crowd began to
gather.
Today's sentence was the first ever
passed on the notorious gangster in
chicago, but he spent nearly a year in
prison in Pennsylvania for carving
concealed weapons in Philadelphia.
Capone snubbed London while await
ing conclusion of the hearing and re-
fused to leave his seat to answer a
transatlantic telephone call for, he said,
I don't know any one in London"
Shortly after Jacob l. Grossman,
assistant United States district at
torney, resumed the final argument,
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