[CAPONE, Alphonse]. THE UNITED STATES OF AMERICA V. ALPHONSE CAPONE. An archive of approximately 443 carbon copy typescript pages and 58 mimeographed pages relating to the 1931 case against Al Capone.

Comprising carbon copy typescripts of proceedings before Honorable James H. Wilkerson in 1931 on: Monday, October 5 (48pp.); Tuesday, October 6 (86pp.); Saturday, October 24 (25pp.); Thursday, October 15 (78pp.); Thursday, October 15 (119pp.); Saturday, October 10 (77pp.). Also with carbon copy typescript "Additional Assignment of Errors" (3pp.), carbon copy typescript of proceedings to settle a bill of exceptions, Tuesday, December 1, 1931, at 10am (7pp.), and with 57pp. mimeographed briefs and documents for the indictment including the jury decision. With heavy card cover sheets, duplicated by A. M. Hanson, Shorthand Reporter, 155 North Clark Street [Chicago]; all library bound in green cloth. Provenance: John J. Kennelly, Attorney (gilt lettering on cover).

AL CAPONE GUILTY OF TAX EVASION

The trial of Alphonse Capone opened on October 5, 1931 in Chicago, with Judge James H. Wilkerson presiding. Having received a tip that Capone and his organization had tried to influence prospective jury members, Judge Wilkerson began the trial with a request: “Judge Barnes has another trial commencing today, go to his courtroom and bring me his entire panel of jurors; take my entire panel to Judge Barnes courtroom.” After the new jury panel was seated, Judge Wilkerson ordered that voir dire could begin. On October 17, 1931, after just 9 hours of deliberation, the jury returned their verdict: Capone was found guilty of three felonies and two misdemeanors, relating to his failure to file or pay income taxes between 1925 and 1929. Judge Wilkerson sentenced Al Capone to serve 11 years in prison and to pay $80,000 in fines and fees.

The present copy includes jury selection proceedings from October 5th and 6th, Assistant U. S. District Attorney Jacob Grossman's argument to the jury, and the direct and cross examination of several witnesses.

[With:] Three archives of carbon copy typescripts of cases against several Capone associates, each library bound with John J. Kennelly's name stamped on the cover, comprising:

The People of the State of Illinois vs. John Scalisi and Albert Anselmi, 1926. Including transcripts, abstract of record and brief. After ambushing George "Bugs" Moran and Vincent "The Schemer" Drucci and shooting up their car, Scalise and Anselmi fled the scene; during the ensuing police chance and gun battle, two Chicago police officers were killed and one was wounded. At the trial, Anselmi and Scalise were found guilty of manslaughter and were sentenced to 14 years in prison. The pair were later arrested and charged in the St. Valentine's Day Massacre in 1929, but were later released for lack of evidence. The bodies of Anselmi, Scalise and their associate were found on May 1929; it was rumored that Al Capone discovered a plot to conspire against him and had them killed.

The Estate of Frank Nitti vs. Commissioner of Internal Revenue, 1948. Including transcript, briefs, pleadings and opinions. Nitti was one of Capone's top henchmen. Both were convicted of tax evasion in 1931, however Nitti only received an 18-month sentence. When he was released, he became the new boss of Capone's gang.

The People of the State of Illinois vs. Jack McGurn, 1930. Including transcript, abstract and brief of the search and seizure case. Jack "Machine Gun Jack" McGurn was a key member of Capone's Chicago Outfit. McGurn was fourth on Chairman of the Chicago Crime Commission Frank J. Loesch's April 1930 list of Public Enemies. He was associated with planning the St. Valentine's Day Massacre, although his association was never proven. THRICE SIGNED BY THE ATTORNEYS FOR THE DEFENDENT Thomas D. Nash and Michael J. Ahern ("Nash and Ahern"). TWICE SIGNED BY McGURN using his given name ("James Gebardi").

Property from the Collection of Sandra Silva