The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1931-07-31

Capone was not in court,
although ordered in by the
judge. United States mar
shals were unable to find him
on such short notice.: His
attorneys, however, were on
hand.
The liquor conspiracy case, charg-
ing 5000 violations, was ordered re-
submitted to the federal grand jury
for return of indictments stipulat-
ing a higher penalty than that
provided on a conspiracy charge.
Wants Venue Change
Defense Attorney Michael Ahern
intimated that Capone was in
sistent upon change OF venue
from Judge Wilkerson.
Personally, I am confident that
your honor is unprecedented and
capable of arriving at just de-
cision," Ahern said, "but our client
(Capone) feels that he is being
treated badly
well" retorted Wilkerson, "you
know what can be done about that. .
He apparently was referring to a
change of venue.
Judge Wilkerson said he could not
believe that the conspiracy case was
brought without probable cause"
His statement follows:
I'm the income tax cases, the mo-
ton to withdraw the plea of guilty
is granted. AS the cases are to be
tried, the interest of justice requires
that there be no further comment
on the proposed recommendations
or the arrangement that was at
tempted for it. The case is set for
trial Sept. 8.
Set for Sept. 8
CAS- to the conspiracy case, the
ruling con the motion to withdraw
guilty pleas is reserved and the
motion taken under Amusement for
disposition Sept. 8.
"The matters covered by the (con-
spiracy) indictment should be pre-.
Sented to another grand jury, as the
enumeration Of overt acts with
which the defendants and others
are charged covers substantial Of
lenses within the period of the
statute of limitations for which a
heavier penalty is provided than
that under the conspiracy indict-
ment.
THE court will not believe, unless
it is forced to do so, that the Ian
guage of this indictment was chosen
without probable cause merely for
the purpose of creating the impress
sion that this defendant had been
fragrant law violator over long
period of time.
This is matter which must be
inquired into fully"
COnfers With Attorneys
Judge Wilkerson read his state
ment after a conference in cham
bers with Leopold Melnik and Mi
/ chael Ahern, Capone's attorneys;
United States District Attorney
George E. @. johnson; Johnson's
assistants, Victor La Rue, Dwight
H. Green, Jacob I. Grossman and
Samuel Clawson; William Froelich,
sent from Washington to aid on the
Capone cases; A. P. Madden, chief
of the intelligence unit here, and
a number of Investigators.
/ In addition to Capone, Thomas
Nash, the third Of his attorneys,
was missing.
Members of the federal grand jury
also were present in chambers. Aft
er the conference. Judge Wilkerson
assembled the bench and read his
written statement.
THE grand jury may step for
ward" he said next.
Not a word had been spoken in
the surprised courtroom. except by
Judge Wilkerson.
Jury Probe Ordered
The grand jurors then were
charged to investigate the Capone
/ liquor conspiracy.
/ 1CLblCiliClls SdlQ JuQEE w llhCl
son, talking to the grand jury,
there was returned in this court
an indictment, No 23,256, United
States versus Al Capone ct al (the
other defendants number sixty
eight in June of this year.
"The defendants are charged in
this indictment with conspiracy to
violate a certain statute. Follow
ing rule inclusive of this kind of
case, certain overt acts were charged,
among them conspiracy TO violate
the prohibition law in the manu-
facture Of intoxicating liquor.
I charge you to look into this
and see whether or not there were
subsequent offenses."
: Judge Wilkerson then left the
bench and the courtroom drama
was over
The principals departed quickly,
none willing to offer any word OF
comment.