Evening star., 1932-04-03
ARROGANCE COST
CAPONE LIBERTY
Baked Agreement on Term
by Making 1t Public, Prose-
cutor Says.
CONTINUED From First Page.)

OF situation-that Al Capone was
very shrewd in one way. He kept nc
bank account. We never could find a
bank account. He kept no books. He
Asgned no checks. In all our investi-
cation we had one check he indrosed.
Gangs Use Many Spies.
He never did anything nrst-hand
He was always tive or three removed
from what happened, and it was nearly
impossible to complete the chain lead
ing to him.
THE agents kept at work on gather
ing evidence ana a speclal squad was
organized, known as the district at
torneys squad I may add the gangs
had spies everywhere. 1t is inconcelV-
able the information they get. They
have an intelligence system that is re-
markable. Sometimes I thought they
would find out what was thinking"
johnson told of Capones remarkable
career from bartender on the Bowery
of New York to leader of Chicago's
gangland, which the Government
traced in its effort TO send him to Jail.
1t got much information from one
OF Capone'S former boo2keepers and
found that much of the gangstar's
money was handled by Cu-il, one of
his aides.
Our e idence de,eop,d ct various
times Capone would ouy things and
pay with Jack Cuz.,. S C:i- c." Johnson
said we are sble to show that he
would say, Jack Guzik is my secretary :,
Jack Guzik is my partner
Tells About Compromise"
Johnson then told of the much pub
Hclzed compromise" under which
Capone was to plead guilty and receive
. comparatively short term.
Capone's attorney came to him. John
son said, about May, 1881, and said the
gangster knew he had been indicted and
wanted to know if the district attorney
would consider a plea of guilty with a
recommendation.
II told him." johnson testified. CT
could not tell at that time as it was a
case of great public interest.
About the middle of May I came to
Washington on official business. We
had subpoenaed a great number of wit
nesseS and our grand jury testimony
developed when they were questioned
after they had testified, the had gone
back and talked to Capone. SO Capone
was well advised what was going on
through these people themselves, and
they were people of very low order
prostitutes, gunmen, killers and dozens
Of gamblers-all people living outside
the law.
IT referred the matter briefly to the
Attorney General and asked him
whether ! should proceed on my own
initiative, as / had always done, or
whether I should report because of the
great public interest in the case. The
upshot was he directed me then to keep
Assistant Attorney General Youngquist
advised"
!. Frequently Called Youngquist.
After that. johnson said, he frequent
1y called Youngquist on the telephone
to keep him advised of developments
and "once or twice" conferred with him
In Chicago.
He said he also had number" of
conferences with Capone's counsel.
There were a great number of prob
lens in the case that made me think 1t
was advisable to make recommends
ton" johnson testified. He pointed
out some. of their evidence was in
letter the purpose of which was to offer
a compromise and that presented legal
problems"
johnson then told. of his conferences
with Judge Wilkerson over the compro-
mise plan, which the judge finally re-
Jected. ...'' .-''...
Pointing out that the pleas of guilty
were entered about June 16, he said:
VERY early in June / first went to
see Judge Wilkerson. I told him about
the difficulties We were encountering be-
fore the grand jury. told him about
the things we feared and did explain
to him my very great anxiety. and I
want to say that my great objective
was to get AL Capone in the peniten-
tiary, because my experience had al
ways been that once these leaders have
been imprisoned they never amount to
anything.
Talked Informally.
'T do not know what consideration
he gave it, but Judge wilkerson said,
You had better think that over care
fully It was some remark like that
and You can see me again
We were very informal. talked to
him along those lines probably couple
of times until finally after the indict-
ments were returned or about the time
they were returned. 1 told him that I
felt by reason of the great difficulties
that confronted us, that / wanted to
make recommendation.
There had been many conferences
with Capone'S counsel. Naturally, they
wanted as light a recommendation as
they could get, and wanted as heavy
a recommendation as / could get, and
the thing was open all the way through.
They knew about it in Washington and
my staff knew about it, and there never
was any mystery about it"
Finally johnson said, Wilkerson told
him he could make a recommendation.
"As I understand it," Chairman
Borah asked, Judge Wilkerson indorsed
the recommendation"
He approved of the making of the
recommendation" johnson replied,
and, Of course, here is the understand
ing think all prosecutors have when
court says to the prosecutor that he
may make recommendation. No judge
can bind himself.
Unwritten Understanding.
"Of course. that is a rule of law
that I am familiar with and / knew
the court could not bind himself, but
there Is a sort Of unWritten under
standing that if a prosecutor has cor
rectly presented the facts or that he
himself has not been misled or some
thing does not Cc.le up in court that
neither the cours nor the prosecutor
knew, there is a sort of tacit under
SJdnOllS l1dJ court VIII IOllOW Tic
recommendation of that kind. OF
course. I assumed in this case that
there was no mystery about it."
Replying to questions from Borah
johnson said that Wilkerson knew he
was planning to recommend sentence
of 2la years.
johnson then read Wilkerson's
statement in open court announcing
M would not b. bound by any agree
mcnt. which led u Capone'S with
.d-2wal of his plea Of guilty.
TIE Ge-eld2n. &C, onc) is a man
O. unbelievable e-r gancc," johnson
SAD
he knew til: plea Of guilty IL.
vol;ed a peniten..--y sentence. The
first thing that h2prened. to my utter
astonishment, was this l lad never
stated publicly what this rcccmmena2.
ton would be. nor had any of my
assistants or the agents of the Govern
ment, who were very trustworthy anC