Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-09-10
i. S. JUDGE SPURNS
REPORT FAILING TO
RE|ND|CT AL CAPONE
Grand Jury Dismissed After
Reviewing Evidence Against
GangSter Chief.
PLEA TO LIQUOR CHARGE
CHANGED TO NOT GUILTY
Conspiracy Case Now Subject to
Call for Trial on Notice
Of Five Days.

B. the Associated Press.
CHICAGO. September 10-A Federal
grand jury report on its investigation
of prohibition charges against Scar
face" Al Capone was refused by u. S.
District Judge James H. Wlkerson to-
day.
I'm not interested in reports, only in
indictments" Judge Wilkerson Informed
the jury.
A moment later the grand jury ap-
peared before Federal Judge John P.
Barnes advised him it had no indict-
ments to report and was discharged.
Allowed to Change Plea.
The Government made no comment
on the apparent failure of the jury to
carry out the full mandate given by
Judge Wilkerson last July when he di-
rected it to reconsider the evidence and
If possible re-indict Capone on specific
charges carrying heavier penalties.
The original indictment, however, al
1eging a broad conspiracy against the
prohibition act. including 5000 offenseS
over a decade, still stands. Judge Will
kerson last Tuesday granted the gang
stcr'S request TO change his plea on that
indictment to not guilty No date for
the trial has been set.
When the millionaire boss of Chicago
his pleas of guilty to the income tax
indictments and the general prohibition
conspiracy charge it was generally
thought he would be on his way to
Ieavenworth Prison in few days. In
stead, a sudden turn of events sent him
back to freedom on his old bond with
the necessity of more fareWells if his
impending trial results in conviction
and sentence.
Must Be Unconditional.
It was Judge Wilkerson's announce
ment that Capone must submit to all
proper questioning if he solicited leni-
ency that caused the right-about face
OF the gangSter and his attorneys.
Processing surprise, his counsel in
formed the court OF a purported agree
ment between the Government and de-
tense attorneys that the prosecutors
would make certain recommendations,
subsequently disclosed to be a proposal
that sentences on prohibition and tax
evasion charges run concurrently.
Judge Wlkerson insisted the pleas OF
guilty must be unconditional, and the
following day he granted leave TO
change the plea in the income tax case.
his will come to trial October 6.
Before appearing in Judge Barnes
court room the grand jury destroyed
the report offered to Judge WilkerSon.
The latter explained that it is not Gus
tomary for grand juries to make reports
OF any kind except indictments.
The conspiracy indictment is now
subject to call on five days notice for
consideration of the defense motion to
Quash it and drop the charges.
Judge Wilkerson when he ordered the
new investigation which ended today
said Capone's alleged liquor law viola
tons must be inquired into fully
WiIkersOn's Statement.
Referring to the liquor conspiracy in
d!ctment against Capone and &c others,
Judge Wukerson said on July 81:
In the enumeration of overt acts the
defendant and others are charged with
substantial offenSeS within the period
of the statute of limitations for which
q heavier penalty is provided than that
possible under the conspiracy indict-
ment.
The court will not believe, unless it
Is forced to do so, that the language of
this indictment was chosen. without
probable cause, merely for the purpose
OF creating the impression that this
defendant had been a fragrant law
breaker over long period of time"