1934-12-26 — Page 3

AMERICA'S SECRET WAR ON GANGDOM

CHICAGO'S LAWLESS FELL BEFORE STRATEGIST

1.

By FREDERICK W. CARR

THEN fresh move of Al,anndle of dollars Into Backs and Capone for freedom was rejected collecting the gambling apparatus

a few weeks apo by the United for use as evidence.

States Supreme Court, the gang-

ster's latest defeat emphasised

"Then came a knock of authority

new the care of the Government on the door. Half dressed, Capone In running him down and proved demanded to know the trouble. the possibility of a slip in crime's

best defences. The

erstwhile I'm the owner of this joint,' he

"Public Enemy No. 1" would be funnounced. The hoodlums turned out on the streets to-day save for on the raiders. They

bent and

a legal blunder. The mistake is mutilated one and shot another. costing him nine years in prison.

Some of the history of the famous

trial which does not appear in the:

$2,000,000 A YEAR

"That single admission of owner.

court records is now related by ship was all the United States Capote's proaccutor, Mr. George Government could find to connect E. Q. Johnson. As the United States District Attorney at Chica-Capone's income with his unpaid income tax. Yet some of his part- Ho at that time, Mr. Johnson denars, wo had learned, took in as

through vised and carried campaign against the gang lender, much as $2,000,000 a year.

the

Whether the years or HIK of income tax

the courta, The raid was five years old. both in and out of Through his strategy the gangster It was a question whether it was kaa1ue Y and most of his partners were not outlawed by the sent to the penitentiary in problimitations. This law holds that ably the most important series of after a certain time a crime can- prosecutions of organised erline not be prosecuted. that America has seen. It is not period was three commonly known how slight was years in chees the hold the Government was able evasion was then doubtful. The to fasten on the gangsters, If United States Supreme Court had the Capone defence had pleaded not yet ruled, the statute of limitations in his be- half at the trial he probably would have gone free. Now, for third time, he has gone to Supreme Court with the statute of Imitations, but it has been too Inte, and the court has refused him,

The the

"We found it extraordinarily diMcult to oblain any evidence con- necting Capone with trime," his prosecutor recalled.

"Finally,

CL two-year

"We took our chance and went ahead in the hope of six yeŋra. The jury found Capone not gulity on all of the counts against him except one carrying gaol sentence and a second con- eerned with this Cicero rak." By now Capone would have served the jail sentence and be nut,

THE HONGKONG TELEGRAPH. WEDNESDAY, DECEMBER 26, 1934.

You've heard of sailors on

ahere leave going canoeing and

busmen on holiday taking bus

rides, and hero'a a parachutist's

of enjoying..

day off.

Students in the parachute school

at Tushin airdrome in Rusia ata celebrating new jump record

by tousing one of their co-ed

classmates in a version of the

army blanket game.

idea "The lone possibility of a peni- tentiary sentence, in fact of a sea- after all our work in questioning tence of any length, came through hundreds of underworld people, in that accidental, adventure against hunting witnesses for as long as crime undertaken by two Cicero a year and a half, and in develop business men and a preacher. We ing the best legal argument we knew well how doubtful the Clearo could, we had to admit to ourselves count was because of the ability that our case against the leader of that the passing of time had out- the crime syndicate was thin.

lawed It.

ONLY ONE HOPE

COSTLY BLUNDER

SECRET PLANS

They

"Our single possibility of reach- "As the time in the trial came ing him was for violation of the when Capone's lawyers could haveling unsuccessfully with this income tax law, for we could try argued the statute of limitations Court's three-year decision.

statute ever since the Supreme him only for breaking a federal we on the Government's side ex- statute, and there was no other pected them to do so.

It would have been diehards." federal law with which we had any have been almost the obvious thing. prospect of success. But Caponellowever, to our utter astonish- had no cloverly hidden himself in his ment, Capone's counsel failed to operations, keeping no bank ne- plead the statute of limitations! count, holding no property In his own name, signing no cheques, nl- ways working through others, that ho was almost invisible and invul- nerable.

NEA

A sightseeing air trip ended in disaster and A Famous California pilot and thres pagbangora were killed near Los Angeles. W. E. "Tommy" Thoma's piloted the sightassing ship, whose wreckage is shown above after it crashed on a hillside.

OLD MAESTRO

TO RETIRE

QUITS NEW YORK

FOR ITALY

New York. Dee. 14. The Metropolitan, an Opera com- pany, looks sadly forward to the end of the season because it will be

Signor Giulio Gatti-Casazza's last as general manager of the famous old bird cage of Broadway", where for 26 years he ruled as a benevolent despot.

.

neck, quietly

The white-bearded maestro re- venied his intention to retire next April and return to his native Italy. He leaned back, thumbing his glasses, suspended from a black Tape around his nswering questions.

The continued and exhausting Government did not, riak keeping hardships" of a directorial career him in this country pending the extending over

42. years causes trial, but paid the captain of Signor Gatti-Casazza to arrive at ship to take care of him, and kept his decision only after prolonged the witness sailing up and down

Consideration and reflection.- South America for five, months.

United Prest.

|

"If we had told our plans," com- mented the former United States Attorney, "we should have had, no сия Publicity would have des- 1 troyed all we were trying to do. You can't convict gangsters if you tell the newspapera what you are going to do.

the future.

crusades "I have seen · some against crime accompanied with great publicity fade out with noth- rule 1 Mr. Johnson, as prosecuting nting accomplished. The torney, depended upon secrecy to worked on was to seek no publicity, further his efforts. He did not confine what I had to say to what attempt to convict the gangster in had been done, and to make no the newspapers but in the courts, prophecies or

would take more than talk to

announcement fur break down the greatest crime or- ganisation in the country, the dis- trict attorney knew. It would also aters testifies to the soundness-of "Our success in convicting gang- take much more than silence. It required the most ingenious and this polley in dealing with our own persistent study and drive that the problem, There were of course federal prosecuting staff could pro-many reasons why we did not lose vide.

ja case that we took up against the Running down Capone was war. underworld. This Chicago did not know it. The them.". quiet-spoken, unassuming prosecu

"The law requires that this step must be taken during a trial. It cannot be invoked afterward. Not long afterward the United States Supreme Court decided that the "A chance raid on one of his time limit within which a violation gambling houses, however had for the income tax law could be onze led him to forgot himself. prosecuted was three years. But Five years before, three courage the evidence on which Capone's ous residents of Cicero had gone prison sentence was based was five to a justice of the peace, obtained years old. The Supreme Court's a warrant, and with that in hand ruling of three years would have. had the boldness to raid a gam-knocked out the verdict of guilty bling joint in their community. on the count which sent Capone to "Cicero is a manufacturing dis the penitentiary for eleven years. trict adjourning Chicago. I was "The hope on which We then the headquarters of the based this Important part of our had Capone gang. They used it as case was thus knocked out by the their base in working in Chicago. Supreme Court, bat once having let slip the opportunity to raise the "Nothing like that raid had ever question of the statute of limita happened in Cicero. The gamtions, Capone could not recover it blers couldn't believe it and stood around dumbly watching while the three citizens began scooping thou- "Ifis attorneys have been strug-hunted the other,

again,

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WOB one of

Tel. 20135.

tor did not hint it. But from his But while Johnson was puzzling Federal Building he was for sever seeking to ruin Johnson. The bleak and rather dingy office in the how to reach Capone, Capone was Į al years directing the demolition gangsters investigated their prose of Capone's erime corporation becutor, his habits, his relatives, his fore Capone was brought into court. Three miles away, in the friends. They sought to call him Lexington Hotel, Capone was off by threat and by bribe. They generaling the counter-attack.sent high politicians and business Each studied the other, and each leaders to him. They set traps for their pursuer, but always with- Witnesses the state had un out success. earthed had to be concealed for their protection. During previous į

"Money was simply not a temp- gangster prosecutions the Govern- tation to me," remarked Mr. John- ment had seen its witnesses alalu. son simply. "I come of Swedish Hence, after the Government got farmer stock, and my upbringing h good Capone witness, its next made the thought of taking money task was to preserve him.

KEPT ON STEAMER

when in office abhorrent. I don't take the least credit to myself for One of its strongest was

refusing money. It merely had no former Capone bookkeeper. The attraction for me."

ย

This English lad is winning his

spurs in Hollywood, playing the

title rols in "David Copper-

field." He's Freddie Barthol-

omew, who's getting plenty of

plaudits for his work in the

Dickens masterpiece and a nice handful of English money, be- sides. Freddie draws £35 wiskly

for his acting.

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The "brain-treat” which guides the dostlales' of Soviet Russia'is shown in this, unusual picture; takin recently as the government leaders stood on the tribune of the Lonis mausoleum in Moscow wille K. E. Vorgaḥliov, army commander, addressed troops and civilians in Red Squarò, on the 17th anniversary of this revolution. Left to right are A. A. Andreyer,, land transport Commissarı Joasph Stalin, Communist party Secretary General, real ruler of Russia, Lazar Kaganovich, Senator Gor ernor of Moscowi Veroshllow, War and Marine Commissary V. M. Molotov, Chairman Union Coun cil of People's Comminen; A. V. Zhdanov, A. S. -Yanukidza, and Michael Kalinin, one of the chair...

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