Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-07-31
CAPONE ALLOWED
TO CHANGE GUILTY
PLEA IN TAX CASE
(Continued From First Page.)

Thos oBCD
indictments as favorable to Capone,
forcing the Government 70 prove the
5000 overt acts 1t alleged he COM
mitted in violation Of the prohibition
act.
Judge Wilkerson at frst intended
calling the trial September 3, but on
request of United States District At
torney George Z. @. johnson agreed
merely to hear motions on that date
and set the trials for the. last week
Of September.
Judge Wilkerson charged the grand
jury, which he had summoned to his
court to review the indictments and
the offenses charged therein as well
rs TO determine whether there had been
subsequent offenSes.
May Ask New Judge.
Intfmation that Capone may ask a
change Of venue from Judge Wilkerson
was given by the gangster's counsel.
MY client feels that you are pretu-
diced against him." Attorney Ahern told
the Judge. II do not think So"
IF he feels that way" Judge Wilker-
son said. "he could transfer the case
to another judge"
Attorneys said a change Of venue was
frequently granted in Federal courts,
and that there were cases on record OF
reversed convictions because . judge
had refused q change.
Victor La Rue, assistant United States
district attorney. said he interpreted
Judge Wilkerson's remarks to mean the
prosecutors must ask the grand jury now
to indict Capone under the Jones law.
carrying maximum penalties OF flve
years imprisonment and 10000 fine
and setting forth specific charges in
place Of the general conspiracy count.
II a change Of venue Is made the
Capone case would probably be tried be-
fore Judge John P. Barnes, who pre-
sides over the criminal docket in Sep
tember. He is the newest addition to
the Federal bench In the Chicago dis
trict.
United states Senator Thomas D.
Schall, Republican, Of Minnesota, said
at Minneapolis that he would ask an
inquiry to determine what arrangements,
If any, was made by the Department
of Justice for leniency for Capone.
ANY arrangement" he said, such
as I understand was made between the
Department Of Justice and AL Capone
is almost unbelievable" He added he
had wired Government agents in Wash
ington, asking for full details OF cor
respondence between the district attor-
hey, anu tk1G A%CRNA bAAACAAS "a SNSNASS
at Washington.
Capone's decision to take g chance
on jury trials came yesterday after
Judge Wilkerson had told him 1t Is
utterly impossible to bargain with
Federal court" and 1t became apparent
to the gang chief he might receive
sitter sentence than he had antici-
pated.
The bargain" referred to was
described Is a statement by Capones
attorney. Michael Ahern, who pro-
tested that Capone had received as
surance that the Government would
guilty to the indictments. He declared
the prosecution and defense had agreed
to a stipulated term and to have all
sentences run concurrently.
Its up to the officers who made the
deal to carry 1t out" Judge Wlkerson
said. Executive of1cials have pardon
ing power, but they cannot transfer TO
the court q Judgment that does not
represent the cold, sober record. The
Secretary Of the Treasury has power
to compromise on civil and criminal
liability. All recommendations Will be
considered. but in the end the court
must rule on the record"
johnson Talked With Defense.
District Attorney johnson, when Ques.
toned by the court, said he had talked
! with the defense. and had agreed TO Ger:
tain recommendations for which he had
received the approval Of Washington.
At the same time Capone'S counsel told
the court the Department of Justice had
given its sanction to a proposal by john
son for leniency. Without the assurance
Of O light sentence Capone would not
have pleaded guilty, Ahern said.
Before the session was over beads OF
sweat were rolling down the face Of the
man who Is listed by the Chicago Crime
Commission as public enemy No. l..
The collar that had been white ana
fresh in the morning was wtlted. ana
the smile he wore was gone when ne
slipped from the court room in the late
afternoon with his attorneys. He was
surrounded by . Gordon Of police.
Meanwhile the notorious gang leader
remained free on bond.
~~ArcEn