The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1931-07-30
CAPONE TRIES TO
CHANGE HIS PLEA;
now WANTS TRIAL
Acts When Federal Judge Says
He Will Not Be Party to
Secret Agreement
PLAN DECISION FOR FRIDAY
WiIkerson Says Defendant
Must Understand He Can.
not Bargain With Court

SCdllaCe Al CaQOue appeared IN
federal court at Chicago for sentence
Thursday on his plea Of guilty to vio-
lating the prohibition law and evad-
ing income tax payments but later
sought to change his plea to not
guilty when Federal Judge James H.
Wilkerson said he would not be q
party to any bargain for q light sen.
tence made between the prosecution
and defendant. This information
was contained in Associated Press
dispatches received by The Tribune.
Wilkerson deferred until Friday
afternoon decision on the request for
permission to withdraw the plea Of
guilty.
THE defendant" said Judge VII
kerson, must be made to understand
he cannot bargain with this court"
Attorney Michael Ahern had asked
leave to change the plea and place
the gang chieftain on trial. con-
tending the defense and government
had entered an agreement approved
by the attorney general Of the United
States under which the prosecution
would propose q lenient punishment.
U. S. District Attorney George E.
@. johnson confirmed the defense
attorneys statement that he had
communicated with the department
Of justice relative to recommendations
and handed Judge Wilkerson the
correspondence between his office
and Warrington for perusal.
Only the reading Of the indict-
nents occupied the brief morning
session Of court, during which the
corpulent boss Of Chicago gangs sat
hopping his brow ~nervously In the
crowded courtroom.
IT the defendant asks leniency,"
said Judge Wilkerson, he must be
ready to answer all proper questions
concerning himself"
The Judge said that "any agreement
the defense and prosecution right
have made" had nc binding influence
upon the court, and asserted that the
power to compromise in q case in
volving criminal liability Is not vested
in courts.
Judge Wilkerson explained that he
knew nothing Of the facts in the
cases, which charge the gang leader
with 5000 separate offenses against
the prohibition act ana evasion Of
taxes on IN income Of more than
81 100000. He could only perform
his duty, he said, by hearing fully the
evidence and determining the degree
Of guilt.
The gang leader made his entry
alone, driving from q hotel to the fed
eral building without the usual knot
Of bodyguards surrounding him. Cor
dons Of uniformed and plain CLOTHES
detectives cleared his way, to the
court room, holding back the crowds.
Always before, some underworld
Jack McGurn or one of
the Guziks. had sat with him through
his trials.
Thursday he had said his farewells, |
had spent q pleasant holiday at Ben
ton Harbor, Mich, and was anxious |
to have the final scene over with.
Capone was q symphony In green
as he sat. He chatted. albeit nerv-
ously, with reporters in the court
room and mopped q perspiring brow.
Aren't you nervous?" someone
asked.
"A trifle."
Perhaps you're used to 1t by now"
suggested q girl reporter.
Why should I be'" capone coun-
tered, piqued.
He said his wife would remain here
his expected prison term, and
be was sending his son to . private
school-where, he would rather not
say.