1931 NY Times newspaper AL CAPONE Trial – GUILTY of FEDERAL INCOME TAX EVASION !

1931 NY Times newspaper AL CAPONE Trial - GUILTY of FEDERAL INCOME TAX EVASION !

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1931 NY Times newspaper AL CAPONE, just found GUILTY of FEDERAL TAX EVASION is about to be sentenced to 10 years in prison – inv # 9Z-403 SEE PHOTO—– COMPLETE, ORIGINAL NEWSPAPER, the NY Times dated Oct 24, 1931. This newspaper contains prominent inside page « stacked » headlines and a long report of the sentencing considerations for gangster AL CAPONE, who had just been found « GUILTY » of FEDERAL INCOME TAX EVASION. Alphonse Gabriel « Al » Capone (January 17, 1899 – January 25, 1947) was an American gangster who attained fame during the Prohibition era as the co-founder and boss of the Chicago Outfit. His seven-year reign as crime boss ended when he was 33 years old. In 1927, the Supreme Court ruled that illegally earned income was subject to income tax; Justice Oliver Wendell Holmes Jr. rejected the argument that the Fifth Amendment protected criminals from reporting illegal income. The IRS special investigation unit chose Frank J. Wilson to investigate Capone, with the focus on his spending. The key to Capone’s conviction on tax charges was proving his income, and the most valuable evidence in that regard originated in his offer to pay tax. Ralph, his brother and a gangster in his own right, was tried for tax evasion in 1930. Ralph spent the next three years in prison after being convicted in a two-week trial over which Wilkerson presided. Capone ordered his lawyer to regularize his tax position. Crucially, during the ultimately abortive negotiations that followed, his lawyer stated the income that Capone was willing to pay tax on for various years, admitting income of $100,000 for 1928 and 1929, for instance. Hence, without any investigation, the government had been given a letter from a lawyer acting for Capone conceding his large taxable income for certain years. In 1931, Capone was charged with income tax evasion, as well as with various violations of the Volstead Act (Prohibition) at the Chicago Federal Building in the courtroom of Judge James Herbert Wilkerson. U. S. Attorney George E. Q. Johnson agreed to a deal that he hoped might result in the judge giving Capone a couple of years, but Judge Wilkerson had been aware of the deal all along and refused to allow Capone to plead guilty for a reduced sentence. On the second day of the trial, Judge Wilkerson overruled objections that a lawyer could not confess for his client, saying that anyone making a statement to the government did so at his own risk. Wilkerson deemed that the 1930 letter to federal authorities could be admitted into evidence from a lawyer acting for Capone. Much was later made of other evidence, such as witnesses and ledgers, but these strongly implied Capone’s control rather than stating it. The ledgers were inadmissible on grounds of statute of limitations, but Capone’s lawyers incompetently failed to make the necessary timely objection; they also ran a basically irrelevant defense of gambling losses. Judge Wilkerson allowed Capone’s spending to be presented at very great length. There was no doubt that Capone spent vast sums but, legally speaking, the case against him centered on the size of his income. Capone was convicted and was sentenced to eleven years in federal prison in November 1931, fined $50,000 plus $7,692 for court costs, and was held liable for $215,000 plus interest due on his back taxes. The contempt of court sentence was served concurrently. New lawyers hired to represent Capone were Washington-based tax experts. They filed a writ of habeas corpus based on a Supreme Court ruling that tax evasion was not fraud, which apparently meant that Capone had been convicted on charges relating to years that were actually outside the time limit for prosecution. However, a judge interpreted the law so that the time that Capone had spent in Miami was subtracted from the age of the offences, thereby denying the appeal of both Capone’s conviction and sentence. Very good condition. This listing includes the complete entire original newspaper, NOT just a clipping or a page of it. STEPHEN A. GOLDMAN HISTORICAL NEWSPAPERS stands behind all of the items that we sell with a no questions asked, money back guarantee. Every item we sell is an original newspaper printed on the date indicated at the beginning of its description. U.S. buyers pay priority mail postage which includes waterproof plastic and a heavy cardboard flat to protect your purchase from damage in the mail. International postage is quoted when we are informed as to where the package is to be sent. We do combine postage (to reduce postage costs) for multiple purchases sent in the same package. We list thousands of rare newspapers with dates from 1570 through 2004 on Ebay each week. This is truly SIX CENTURIES OF HISTORY that YOU CAN OWN! Stephen A. Goldman Historical Newspapers has been in the business of buying and selling historical newspapers for over 45 years. Dr. Goldman is a consultant to the Freedom Forum Newseum and a member of the American Antiquarian Society. You can buy with confidence from us, knowing that we stand behind all of our historical items with a 100% money back guarantee. Let our 45+ years of experience work for YOU ! We have hundreds of thousands of historical newspapers (and their very early precursors) for sale.

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