Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-10-06
CAPONE TAX TRIAL
OPENS LIKE DRAMA
Judue Wilkerson Permits Plea
Change on $1,O38,654
Income Case.
Nv the Associated Press,

was significant.
Charged with evading taxes on an
alleged six year income Of $l,oS8,654,
the CURLY gang chieftain was brought
before Judge James H. Wilkerson and
permitted to substitute mot guilty" for
the guilty" plea he recently withdrew.
The first duty was the selection of a
Jury.
Crisis Of Campaign.
FOR the government it was the crucial
test of its campaign against Chicago
gangsters. Others had been tried and
others convicted, but this time it was
the big fellow" himself, the man whose
name is SYNONYMOUS with gangs all over
the world. The government, throwing
all of its resources into the battle, did
not attempt to hide the fact that this
was its most important gangster case.
For Capone it was a gamble. He nae
once pleaded guilty to the charges, put
when Judge Wilkerson announced he
would not be bound by any agreement
for leniency and that Capone would
have to take the stand despite his guilty
plea, the gangster decided to nght IL
out. to wager an acquittal against
sitter sentence.
The gangster's entrance and the
opening of the trial lacked only a
flourish of trumpets to give 1t the IL
fusion of comic opera. The crowds
gathered at every entrance to the Fed
eral Building. 1t was their only chance
to see him as the public was barred
from the trial, but most of them were
disappointed.
Surrounded by a police detail, ito
see that nothing happened to him,
he ran into side entrance, slipped past
the photographers and walked quickly
through the crowded corrldorS. he
nodded and grinned at an occasional
cry of Hello, AL and shouldered his
way disdainfully through the various
lines of guards at entrance to the court
room.
Answers Queries With Shrug.
When he entered the court room,
about 20 minutes before court was
opened, he was surrounded by reporters
and deluged with questions. He was
asked if he had lost any OF his 26O
Wounds what shade of blue his suit
was, what he had been doing tor exer-
else To most of the queries he an
swered with his set grin or shrug OF
his shoulders.
some one asked If he was worried.
He hesitated a moment and then re-
piled: well to be frank with you' VINO
wouldn't be?"
White-haired George E. @. Johnson,
United States District attorney, actively
prosecuting a gangster income tax case
for the first time, was the next to enter,
followed by five assistants. He did not
care to make any predictions. but ne
said After this Is all over, I'm sure
every one will admit that no one ever
got a squarer deal than Al Capone IN
this trial.
In the Circuit Court of Appeals to-
day AIS brother Ralph was granted an
other stay until october 20 OF the man
date that would take him to Leaven-
worth Penitentiary to serve the Swear
term for income tax violations. Inc
elder Capone asked further time to f1le
his appeal in the United States Su-
preme Court.
Answers Twice.
Canone arose quickly from his seat
at the counsel table and walked before
the bar when Judge Wilkerson asked rs
the defendant in court?" He replied
mot guilty" twice in a low voice When
the Judge asked for his plea on the
income tax charges.
Defense Attorney Michael Ahern i'm
mediately made a motion, which the
Judge took under consideration, to re-
move about 80 newspaper and press
association reporters, who were seated
at tables Just before the bar. He asked
that the reporters be required to find
seats in the rear of the court room, In
the space usually allotted for spec
tators.
Ahern said his motion was made in
the belief that the newspaper repre-
sentatives might "disconcert" the Jur-
ors The attorney also said that the
case has attracted too much "attentlon
In the public mind"
Newspaper Men Remain.
at trust that these persons seated at
tables are Connected with the newSpa-
per work." Judge Wilkinson replied,
land 1 grant that there Is considerable
public interest in the case. 1t is custo-
mary in this court building, however, to
grant the press the privilege OF being
thus seated"
After taking the motion under adj
visement, Judge Wilkinson ordered that
the veniremen be brought into the court.
About so men, most of them middle
aged, entered.
Judge Wilkinson began the exami-
nation, asking them the routine ques-
tons and attempting to find out
whether any had fixed opinions. He had
weeded out the obviously unfit and those
with good excuses in an advance seS-
sion with the veniremen yesterday.
The court indicated at the outset
that he did not expect to find Jurors
who had not read about the defendant
or about the case. His question was
HAS what you have read Influenced
you or made you incapable of being
fair to the defendant and to the Gov
ernment?"
you must understand" said Judge
Wilkerson, that the defendant is not
being tried here for anything but the
charge OF violating the revenue laws of
the United States"
More Alert Than Before.
Capone was much more alert OBJ
ViouSly much more anxious than he was
during the trial last February which re-
suited in a six months sentence for
contempt of court, At that trial, in
the same court room and before the
same judge, he lounged in his chair
at the counsel table, chewed gum slow
ly and apparently took little interest in
the proceedings, gazing much of the
time at the ceiling.
Today he leaned forward in his chair.
When the judge, in introducing to
the veniremen the principals in the
trial, mentioned his name, Capone
jumped up and started to walk toward
the bench, apparently thinking the
judge wanted to question him. His
attorneys waved him back. Later At
torney Ahern, who had moved his chair
near the jury box to hear the answers,
motioned for sheaf of papers. The
buHly gangster grabbed them and
quickly tiptoed up to hand them to the
lawyer.
Confident of Acquital.
Capone expressed confidence of &C
quittal if, as he puts it, he is given a
fair trial"
0Apd hv fair trial y,aaoy that ;,,rore