The Bismarck tribune., 1931-10-24
JUDGE WlLKERSON
IMPOSES SENTENCE
IN CHICAGO Court
Noted Gang Leader Gets Total
of II Years and Fine of
$4,000
ALSO MUST PAY COSTS
Plea For Delay Tentatively
Denied; Big Shot May
Start Term Soon
ALSO MUST PAY COSTS

0tdTI erm S00n
Federal Building, Chicago. Oct. a.
R)-"Scarface Az Capone, under
world car Of Chicago, was sentenced
Saturday to II years Imprisonment for
violating income tax laws. He was
taken into custody Immediately and
held In the county Jail.
Federal Judge James H. Wilkerson
not only passed sentence more than
twice as severe as had ever been CIV
en- an income tax evader before, but
he denied every motion which would
have given the big gangster his free
dom while the case was appealed.
The court at first refused to inter-
rupt the federal marshals plans to
take Capone to Leavenworth peniten-
tiary Saturday night, but later, when
informed that defense attorneys had
been unable to get to the U. s. Cir
cult Court Of Appeals to ask that body
for bond during an appeal, Judge
Wilkerson ordered the gang chief held
In Chicago until Monday, so his ap.
plication for a writ Of supersedeas
could be taken before the highe.
court.
The sentence, so severe that it ap-
peared to stun Capone, was 10 years
In the Leavenworth prison and one
year In the Cook county jail. Capone
was also ordered to pay q $4,000 fine
and costs Of estimated
at 100000.
AS the gangster, oowncast and ap-
parently dazed by the sentence. was
led from the courtroom, he was
handed a demand for tax and imme-
diately afterward q lien on his 49,
600 Florida estate and on three safe
ty deposit boxes In the Equitable
Trust company, bank on the south
side Of Chicago.
Capone appeared to lunee at Dep
uty Collector OF Internal Revenue e
p. Henthorn as he was served with
the legal papers. His face grew livid
and he cursed. Two deputy mar
shals held him.
Gang Chief Il Glum
Last Saturday night, when the fury
returned its verdict, finding Capone
guilty on five counts and not guilty
on 18, there was some doubt as to
which side seemed most eiated. But
there was no doubt Saturday. Ca
pone, his huge shoulders hunched
forward, was glum. His attorneys
were almost frantic In their appeals
to obtain his freedom pending ap-
peal.
Capone was charged with evading
$215, 900 taxes on q six-year income
Of $l.038,654. The jury convicted him
OF evasion for only three years, how
ever, on a $257 ,285 income in 1925;
$l95.677 income in 1926 and $21s.O56
income in 1927.
Judge Wilkerson ruled that Capone
might be given credit on his six
months contempt of court sentence,
passed last February and now under
appeal, when he had served that
amount of time in the Leavenworth
penitentiary.
The sentence was more than dou-
BILE the largest ever passed In an in
come tax evasion case before. Jack
Guzik, Capone's business manager.
was sentenced to five years on SINH
lar charges.
Before sentencing Capone, Judge
Wilkerson denied the defense motion
for arrest Of judgment.
Capone was denied bond and re-
manded to the custody Of the U. s.
marshal. His attorneys filed notice
of an appeal.
Denies Plea for Writ
Judge Wilkerson formally denied .
writ of supersedeas, which would have
given Capone freedom while hts at
torneys were appealing the case, and
denied motion for bail. He also
said he would not give the defend
ant time to wind up his business af-
| fairs.
Defense Attorney Michael Ahern
argued that perfection Of appeal
should automatically serve as su-
persedeas, asking Judge Wilkerson to
instruct the marshal to delay taking
Capone to Leavenworth penitentiary.
The court refused.
Capone appeared stunned. He stood
before the Judge, watching him In
tently as the sentence was read, his
hands behind his back. After the
application for a writ Of supersedeas
had been denied, and Capone appar-
emily realized he would soon be on
his way to prison, the bulky gang
chief walked over to his attorneys,
shook their hands and said, II guess
it's all over"
Judge Wilkerson ordered the mar
shall to take Capone to Leavenworth
penitentiary Saturday night and the
| gang chief was taken to the U. s.
marshal's office to wait until that
time in a small cell-like room.
Outside the courtroom, on his way
to the marshal's office, Capone con-
fronted battery Of photographers.
"Get enough, boys" he said. "You
won't see me for a long, long time"
That the government anticipated
taking Capone to prison Saturday
night was indicated by the delay at
the "penitentiary special" which was
to have taken the regular contingent
Of convicts to Leavenworth Friday
night. The train was held over until
Saturday.
! LIBRARIAN DIES +.
Lerlox, Mass, Oct. 24.-(PHCharles
F.. D. Belden, 81, librarian Of the Bos-
ton public library and president OF
Il 49, AvAAu;no~ occAN3otlAS9