Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-07-30
Sentence to Be Based on
Results of Evidence,
Court Declares.
STATEMENT DISC0NCERTS
FORMER GANGSTER CHIEF
Withdrawal of Guilty Plea on
Charges Rumored if Leniency
Conditions Are Hard.

CHICAGO. July 30 t9I.-Protest-
ing that the Attorney General OF
the United States had sanctioned an
agreement between Alphonse Capone
and the Government that leniency
would be recommended II the gang
chief pleaded guilty to income tax
evasion and prohibition conspiracy.
Attorney Michael Ahearn moved in
Federal Court today to withdraw
Capones plea of guilty.
BY the Associated Press.
CHICAGO, July 30.-Government
and defense were ordered by Judge
James H. Wilkerson today to present
their evidence in the prohibition ana
income tax cases against ''Scarface"
Alphonse Capone at a hearing Begin
ming at 2 pm.
The judge said that amy agreement
the defense and prosecution might have
made" had no binding influence upon
the court. and asserted that tire power
TO compromise in a case involving
criminal liability was not vested In the
courts.
5000 Dry Offenses.
Judge Wilkerson explained that ne
which charged the gang leader with
5000 separate offenses against the pro-
hibition act and evasion Of taxes on an
income of more than 81 900 600. He
could only perform his duty, he said.
by hearing fully the evidence and de-
termining the degree Of guilt.
Only the reading of the indictments
occupied the brief morning session OF
court during which the corpulent boss
ChiPQ0n gof L..
nervously in the crowded court room
Capone himself may be required to
testify during the hearing.
If the defendant asks leniency," said
Judge WilkerSon, he must be ready
to answer all proper questions concern
ing himself"
81 Years Possible
Prior to the gangsters appearance
before Federal Judge James H Wilksr-
son there was considerable speculation
as to the length Of sentence he would
receive. He is subject to a maximum
penalty of 81 years and fines OF $50, 900
on the income tax charges and tive
years and a $4,000 fine on the con-
Spiracy indictment. The highest sem
tence Of record in an income tax case,
where the defendant pleaded guilty,
however, was two years II precedent is
followed it is possible he will receive
no more than three years for both Of
lenses
officials pointed out that Capone. like
any other Federal prisoner NAV apply
for parole after he has served one
third OF his sentence. United States
Attorney George E. @. johnson, how
ever. has declared he would never rec
ommend parole for a gangster.
Capone is already under a SiX-month
for -
Tor his failure TO respond to a Federal
grand jury summons. He appealed. and
unless the appeal IS withdrawn by his
attorneys. he will not be subject to &C
ton on the contempt charge by judge
.WlEeTson today. Unless the matter
Is disposed OF. Capone may be subject
to an additional six months term after
ne Is liberated from Leavenworth.
CapOne Disconnected.
Capone appeared disconnected at the
courts attitude and the rumor gained
circulation that he might withdraw his
guilty plea and stand trial rather than
make a personal plea for leniency.
The hearing lasted less than 10 min
uteS. The big gangster weighing $50
pounds. stood before the bar with his
hands behind his back. twisting q white
handkerchief. He teetered a bit on
his toes as he continued his methodical
gum-chewing.
The jurist read his remarks rapidly
and forcefully. shaking his head for
punctuation. As he looked straight at
Capone and said. the defendant must
understand he can have no agreement
with the court" the gangster ceased
his chewing.
Enters Court Alone.
The gang leader made his entry alone,
driving from a hotel to the Federal
Building without his usual bodyguards.
Cordons OF uniformed and plain clothes
detectives cleared his way to the court
room.
Avid throngs on the street pressed
toward the four entrances of the build
ing. but mounted police outside and
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