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Los Angeles Times
October 18, 1931
The Los Angeles Times published this article about the trial of notorious Chicago gangster Al Capone. The late-breaking news of Capone's conviction on income tax evasion accompanies an earlier article providing background on the court proceedings and the charges against him.
Chicago, Oct. 17. (Exclusive)—A jury in Federal Judge James Wilkerson's court late tonight found Alphonse Capone, gang leader, guilty of income tax evasion on five counts.
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Chicago, Oct. 17. (Exclusive)—Chicago waited tonight for a jury verdict in the Al Capone income tax case.
After retiring to their room with instructions from Federal Judge Wilkerson at 2:43 p.m., eight hours have passed without any indication that a decision had been reached.
The jurors went without dinner in their effort to complete the task which the court had set for them, that of untangling the evidence in the two weeks' trial of Chicago's gangland chief, and applying it to the twenty-three counts in the indictments returned against him. Discussion and laughter were heard at times and evidently it is not a deadlock but a dispute over the finding in various counts that is delaying the decision.
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Judge Wilkerson remained in his chambers until late tonight. U. S. Dist.-Atty. Johnson and his staff also waited. They had expected an early verdict. Capone went to the offices of his lawyer, Michael Ahern, where it was said he was feeling more cheerful as a result of the delay. His lawyers had expected the worst for their client and had pinned their hopes of eventual escape for him on the appeal to the higher courts.
If found guilty on all the counts in the consolidated indictments Capone faces a possible maximum sentence of fifty-seven years in the penitentiary and a maximum fine of $130,000. He pleaded guilty once to the charge of evading the income-tax payments for the period charged, from 1924 to 1929, but when Judge Wilkerson refused to bargain with him and give him a light sentence the plea was withdrawn and he went to trial.
The case represents three years' work by several departments of the government, starting with the intelligence unit, then the internal revenue men and finally the District Attorney and his staff.
Capone has other troubles with the government, even if he escapes this one. He is under a six months' sentence for contempt of court, a decision of Judge Wilkerson which is on appeal. The Circuit Court of Appeals is expected to give a decision on this next month. In still another case he is under indictment for violation of the Volstead Act in 5000 separate counts. This is a conspiracy indictment which includes the bulk of the Capone organization. The government is expected to press this for trial.
In the income-tax case Judge Wilkerson outlined to the jury various forms of verdict, explaining this as follows:
“I have had prepared by the clerk certain forms of verdict in this case: one to be used in case the defendant is found not guilty; one in case he is guilty; one in case he is found guilty on certain counts; guilty in one indictment and not guilty in the others; guilty on certain counts of one indictment and not guilty in another, and so forth.”
This probably explains the delay in the jury room, as the defense made a strong plea along these lines and argued that no evidence had been shown of a taxable income for the year 1924 and that during 1929 Capone was in prison.
The felony counts carry a maximum penalty of five years in the penitentiary and a fine of $10,000 on each count. If Capone is found guilty on one or two counts of the twenty-three he still faces a long period in prison.
Judge Wilkerson took an hour and ten minutes in reading his instructions to the jury. He made no comment on the evidence, but told the jurors how the law may be applied to the various evidential branches of the case. At the close of his charge the government counsel had no suggestions to make or exceptions to the charge. Defense Counsel Fink said the charge was “absolutely perfect” outside of the court's definition of the corpus delicti in the case. This had been a legal question over which long arguments had been heard on other days, and one in which the court had ruled against Fink.
Source: Los Angeles Times, October 18, 1931.
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Capone, Al
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