Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-10-15
.CAPONE NEARS END
OF TRIAL DEFENSE
Attorney Says Race Loss to
Conclude Testimony for
Gang Leader.
BY the Associated Press.

By the Associated Press
FEDERAL BUILDING, Chicago
October l5.-With testimony on the
records purporting to show that AL
Capone lost s327,O0O on the races in
six years. the defense ceased calling
witnesses today and began arguing mo-
tons TO have Government evidence
stricken.
Although no formal announcement
was made ttat the defense rested, At
torney Albert Fink said the gangster
had no more witnesses.
Capore's lawyers, as they wound up
their case, moved for a directed verdict
OF acquittal and also to have much Of
the Government testimony stricken out
Many OF their arguments concerned a
letter written by Lawrence Mattingly,
cn attorney who once represented Ca
pone, in which Mattingly was quoted
IS saying Capone admitted owing
t..S and offered to settle on the basis
CT an income Of S266,000 for four years
Capone has new claim to distinc-
lion as one Of the worlds worst pickers
Of race horses
The big gang commander was a con-
slant and heavy bettor, series OF book
makers testified in his trial. but he sell
Com Won" Seven took the stand yesterday
and estimated his losses at more than
S200.0G0 for four years. Not one Of
them said Capone made net profit
on a race meeting. Another sl27 900
going back six years was accounted for
toda,.
The defendant fairly beamed at this
testimony. admittedly gwen at his re-
quest. The Caponc lawyers contend
these losses, $4,000 in 1924, $4,000
in 1925. SIS 900 IN 1926 and 500, 900 in
1927. must be deducted from any in
come the Government may have proved.
Positive Capone Lost.
None Of the "bookies" had any rec
ords, some admitted their figures were
not much more than guesses. but all
were positive Of one thing-"he lost"
One grew bit philosophical and said
of the betting gentry as a whole, they
nearly always Lose
But Capone was no ordinary loser.
He was a much sought after customer.
the testimony showed, one who was
willingly given credit without security,
one who was not required to step cut
Of his hotel headquarters to settle up
the "bookies" all went to him, and they
all obeyed his wishes in handling only
currency.
Even at this late date, the "bookies"
said they were glad to respond to a
summons from "Scarface AL" Each
witness said he had been called by
some one who said he was Mr..
Capone," Sunday or Monday. and as a
result had conferred with the defend
ant and his lawyers at the gangster's
headquarters. They were told, thev
said. to figure up to the best of their
ability what Capone had lost to them
and to relate that figure on the witness
stand.
Torrio Mystery Man"
Several of the "bookies" said another
person present at the conference was
Johnny Torrio. who is fast becoming
the mystery man" of the trial.
Torrio. the one-time boss of Chicago's
gangs who taught Capone his trade
and then left the field to him. was
subpoenaed as a witness before the
grand jury investigating Capones in
come. He was brought back from New
York again to be witness in the
trial, but - not called to the stand
by the Government.
Yesterday he appeared at the Federal
Building with the coup of defense
witnesses and again TIL word went out
that Torrio would testify. But with the
defense case supposedly near its con-
clusion, he had still not been called
inside the court room.
The Government attempted to bring
out that it was really Torrio, the old
leader, who was commanding the de-
Tense operations. Isn't 1t fact that
it was Torrio who called you to Ca
pone's ofdce?" was asked each wit
ness. but they all said NO"
Charges Prejudice Attempt.
The mention of the name George
Bugs" Moran, a formerly powerful
gang leader. generally supposed to be
Capone's chief enemy, brought an ex-
plosion from the defense counsel table
Attorney Michael Ahern jumped up
moved that the Jury be withdrawn and
the case declared a mistrial. The
motion was denied by Federal Judge
James H. Wilkerson
George Leidermann, bookmaker, who
said Capone lost about SIS 900 to him
testified on ross-examination that he
now operated a gambling house owned
by Moran land his associates" Ahern
contended that the prosecution brought
this out in IAN attempt to prejudice
the jury"
Harry Belford, another gambling
speculator." who estimated his winnings
from Capone at $4,000, was cross-ex-
amined at toiay's session.
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