Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-10-28
Al CAPONE' GUARD
GETS SIX MONTHS.
D'Andrea Sentenced to Jail
for Carrying Loaded Gun
Into Federal Court.
Hr the Associated Press.

By the Associated Press.
CHICAGO, October 2s.-Phil DAN
drea, gun-toting bodyguard of Scar
face Al Capone, was sentenced to six
months in the county jail by Judge
James H. wilkerson today for carrying
his loaded pistol into Federal Court
D'Andrea had been In the county Jail
since october 10, when he was found
carrying loaded pistol in the court
room. He had been sitting directly be-
hind Capone every day of the trial
until his arrest, and yesterday. throwing
himself on the mercy OF the court. the
bodyguard admitted he had carried the
weapon daily.
Paroled for Two Weeks.
Judge wilkerson said the presence of
an armed man during the trial of Ca
PONIES income tax evasion case was a
direct menace to the court itself and
adjudged D'Andea guilty Of contempt
of court.
\ two weeks stay of execution was
granted ard D'Andrea was paroled to
Michael Ahern, his and Capone's
lawyer.
Before sentencing D'Andrea, Judge
Wilkerson said 1t was clear ne was
member of an outlaw gang" which not
QttAf hlEA 10 4NfONCfllIf1Cktb
witnesses in the Capone trial, but also
caused defense witnesses to perture
themselves.
This gang" the court said, sex
ercised control over people with whom
1t came in contact that resembled
nothing less than instruction against
the laws of the United States
II would have been totally blind had
not noticed the intimidation of wit
nesses. Time and again noticed wit
neSses faltering on the stand"
Judge Charges Perjury.
Judge Wilkerson said the closing
days of the trial, when the defense
brought on a series of bookmakers to
testify concerning Capone's losses on
horse races, disclosed a shocking ar
rayal of perjury" which was OF itself
much worse than D'Andrea'S offense
He said the witnesses were summoned
to the Lexington Hotel, the camp of
this outlaw band" and instructed 10
perjure themselves.
D'Andrea was given stay of execu-
ton after Attorney Ahern told the
court his mother was i'll. Ahern said
she had not been informed of her SON
troubles with the Federal Government
and asked that D'Andrea be paroled
so that he could go to his mother with
OoL bO4AiS w n MAJ salrf
In the meantime Capone remained in
the county Jail while his attorneys de-
ci6ed what to co next.
Is Kept In Jail.
Granted q Superse6eas that allowed
him to stay out Of the penitentiary dur
ing appeal to the Supreme Court, but
denied bail the gangster was ordered
kept in custody with no credit toward
his ll-year sentence in Leavenworth
for tax evasion. No deduction will be
allowed for the time he spends in iail
Attorney Ahearn said ne might
go to Washington to apply for
bail TO Justice Van Devanters the
Supreme Court member assigned TO the
seventh judicial circuit, If he were re-
fused bail there. Ahsrn indicated that
he might ask to have the writ of super
sedesS vacated. so Capone could be
taken TO Leavenworth TO start serving
his sentence, pending further legal
action
While Capone's lawyers were working
for him, the gang leader remained in
a hospital ward cell on the fifth floor
Of the Jail. He eats the jail's cornmeal
mush or o2tmeal with his morning cof-
fee and stewed fruit. but has his lunch
con sent in by his family.