Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-10-18
CONVICTED
ON 5 OF 23COUNTS
Faces 17-Year Term-Jury
Reaches Verdict After
Long DeIiberation.
Continued From First Page.)

Continued From First Page)
to argue their motion for arrest of the
Judgment and set 10 am. Tuesday as
the time.
The court at first denied the motion
point blank when Attorney Fink pre-
sented 1t, saying it was obviously i'm
proper" and there could be no argu-
ment about 1t. He said that unless the
defense moved at once for a new trial
ne would pronounce sentence tonight
Fink persisted, however, and the
court then asked for assurance that
you have grounds for the motion"
Il not only can assure you of that.
your honor" Fink said, but I can
assure you I will convince your honor
that you should arrest the Judgment
and that you will do So"
All other motions will be argued
Tuesday also the court said.
Counsel for the Government recessed
for 10 minutes to confer "on the con-
sistency Of the verdict" limiting that
the contrasting judgments of the sew
eral counts might need be looked
into"
They reported after a conference
that the statutes showed the verdict to
be consistent. Attorney Ahern had
said the same from the time it was
returned.
Although the Judge said he was
very clear about the improperly of an
arrest of Judgment" Attorney Fink
promised to cite him "a long line Of
cases.
Will Pass Sentence Tuesday.
Judge Wilkerson adjourned court
without passing sentence, indicating
that he would sentence Capone Tues
day after he had heard motions from
both sides. Judge Wilkerson told the
jurors that any who wished to could
be excused at once and that those who
wanted to serve on other cases might
remain in the custody of the marshal.
Capone, wide grin on his SCARED
face. was told that he didn't look as If
| he felt badly.
I'm perfectly healthy" was his
reply.
GrosSman and Assistant United States
District Attorney Samuel G. Clawson
both said they were satisfied with the
verdict" United States District At
torney George E. @. Johnson, who di-
rected the three-year prosecution and
made the final arguments to the jury
this morning was not in the court room
to see the close Of the battle
The II farmers, merchants and
tradesmen from the suburbs Of Chicago
began celebrating at 2:43 pm. today
Eleven days of evidence and arguments
concerning the gang leaders alleged
evasion of taxes were brought to close
when Judge Wilkerson finished instruc-
tons to the jury.
Capone Appears Relieved.
Capone, dressed in a grass-green suit,
yellow shoes and green tie, stretched
himself in apparent relief and smiled to
his attorneys as the jury marched out
OF the court room. The portly gang
leader had leaned forward to catch
every word of the judges instructions.
Judge Wilkerson informed the Jurors
they might return any one of the fol-
lowing four verdicts: Innoncent on all
! % counts listed against him in two
! indictments, guilty on all Of them, in
nocent on one indictment and guilty
| on the other, or innocent on some
| counts and guilty on others.
Conclusion OF the court case brought
| to an end a three-year intensive drive
by the Government to put the worlds
| most notorious gangster in prison on
bookkeeping charge. It was a cam
paisn, in which the defense attorneys
said, every utility Of the Government
was used and thousands OF dollars ex-
| pended.
Maximum Sentence 81 Years.
If found guilty on all % counts As
sistant District Attorney Dwight H.
Green said, Capone would be liable to
a maximum sentence Of 81 years i'm
/ prisonment-5 years each on II felony
| charges and years on misdemeanor
counts. Green said. however. that any
sentence probably would not be more
than one-fourth that number Of years.
Capone, who has become known as
the worlds worst gangster," faces
other legal perils. Another indictment
| charges he was guilty of liquor con-
spiracy and lists 5000 offenses.
Also, he Is under a six months SEN
tence for contempt Of court for delay
in answering a summons to appear
before grand jury investigating his
Florida at the time. He has appealed
the sentence.
The Governments case against Ca
pone was completed today by District
Attorney George E. @. johnson, bushy-
haired, militant prosecutor. who direct
ed gathering Of the evidence on which
Capone was indicted.
| Asks Source Of Income.
''Was capone the little boy out Of
the second reader who found the pot
of gold at the end of the rainbow
Johnson asked the jurors in his f1nal
plea, the first court address he has
made during his tenure in office.
IF he was not, how did he get the
money he spent so lavishly on $12,500
automobiles, $4,000 home, SGT shirts
and $275 diamond-studded belt buckles
by the score.
"Or was he a modern Robin Hood
taking from the rich and giving to the
poor? Did the unemployed ride ir
search of work in his high-pricec
limousine?
From the evidence we have shown
Of this defendants princely mode o.
| living, his receipts Of thousands through
such channels as Geographic money
orders, his connection with q gambling
house which made almost q millior
dollars In Q few years.
From all this evidence you cannot
help but return verdict Of conviction
Portrayed as Honest Citizen.
Capone was portrayed by his defense
attorneys as IAN honest citizen be-
trayed by the public and press to {
vengeful Government"
THAT Government" said Attorne,
Albert Fink, refused to accept none!
offered by Capone in payment Of de-
linquent taxes, but chose instead II
use his offer to pay the tax as evidence
to send him to prison.
IF this man Is convicted. then tn,
future generations will know that q
innocent person was punished to ap
>,