Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-08-11

Renewed public attention is given to
! the Capone case as a result Of the re-
I fusal of Judge Wilkerson OF Chicago to
| approve an agreement for plea OF
guilty in return for promise OF leniency
/ by the prosecution Many believe that
the ruling will influence future treat
1 ment of criminal prosecutions, while
others doubt that it is possible to get
verdict in some cases of this type. In
this instance, Capone takes his constitu-
tional right to trial by jury.
| Criminal trials always have their
| hazards" says the Chicago Daily News.
Especially is this true when the inter-
ests at stake are manifold and not
| readily appraised in their various raml-
! fications. Opportunities for delays ana
| technical appeals are not likely TO be
| neglected by men of the Capone type.
| Moreover, the Government must con-
| slider with extreme care the KIND ana
| degree of protection it will have TO ex-
| tend, before, during and after the trial,
| to the witnesses against the head OF a
ruthless and resourceful gang of law
| breakers. 1t is unfortunate that the
| action deemed necessary by Judge VIII
| kerSon is likely to give many persons
a misapprehension of its bearing upon
| the professional course of the district
/ attorney, despite the judges conslderate
assertion that there could be no ques-
| ton about the propriety OF the dlStrlct
! attorneys recommendation.
| Capone is seen by the st. Louis Times
as taking refuge under the sheltering
wings of the Constitution that, up 10
now, he has not considered as having
either value of Importance. Tne To-
peka Daily Capital holds that the Gov
eminent could afford to lose in the trial
| of the case, If unable to convince
| Jury. but it could not afford to lay
down after such prolonged prepare
ton The Admission Star advises tnat
1T would be fair, in dealing with Ca
pone and his like, to give them the
same consideration they nave given the
public in their activities"
Reviewing the practice in such cases
as are presented in this instance, the
Baltimore Sun remarks; II this sort
of dickering with justice shocks the
| sensibilities of those who fondly I'M
agine that legal procedure is always q
matter of theoretical exactitude, let IL
be remembered that great many pro-
hibition cases in Federal courts are set
tied in Just this way. Pleas OF guilty
| are entered in a majority of the cases
and often there is some sort OF under
standing as to sentence. Similar prac-
tices are followed from time to time In
prosecutions under other criminal stat
uteS. The only difference III the SdpoLe
case is that Capone is too big flgure
for the court to stand for an arrange
ment that would let him on with
relatively light sentence"
Sending Capone to prison under the
terms Of a leniency agreement would
not solve the problem which he has
come to personify," remarks the Oak
land Tribune, with the explanation OF
its attitude: 1.-THE trial of Capone, set
for a September date. may be short,
but lengthy Ole would be Justified II
it would bring to light the various rea-
sons why Chicago has become the
breeding place of gangsters. The stu
alton appeared hopeless until the Fed
eral Government stepped in. A fair
start toward a cleanup has been made,
but the job will not be finished until
enough is known of the causes behind
the problem to enable effective meas
ures to be taken to prevent the rise OF
any more Capones."
Better a fight to the finish than a
bargain" contends the Ann Arbor
Daily News, while conceding that lit
wouldn't be a bad even bet that he