| Are they really prosecuting
because of an attempt to defraud the United States on income, or
is it just
to use that as a means to stow Al Capone away? If the latter, don't you
jury] be a party to it. You are the only bulwark that can resist
a time of public excitement. Judges cannot do it. The fathers of this
put this power in the hands of the people....
you are certain that Al Capone has been proved guilty exactly as charged in each indictment, you cannot
find him guilty at all. The evidence-if
it is to be considered as making the defendant guilty-must be clear and convincing and unambiguous and must
establish guilt beyond peradventure. or
government lawyers have no
confidence in the chaff they have presented here. They know that this
of spent money does not prove gross income....
the figures show Capone made a
profit, which they don't, it does not necessarily prove that he had an
for he may have been losing money at the same time...
The questions involved,
of the jury, are, first, whether or not there is any evidence-whether,
there is any evidence at all that even rises to the dignity of hearsay
evidence. The second question is the
question, which you are interested in and I am interested in and other
generations are interested in, namely: If there be no evidence of
guilt, can a
jury be persuaded, or conned, into returning a verdict of guilty so
public clamor can be appeased?....
let yourselves be drawn away from the truth by the claim that Al Capone is a bad man. He may be the worst man who ever
lived, but there
is not a scintilla of evidence that he willfully attempted to defraud the government out of income tax....
It is in
evidence, gentlemen, that Capone was released from the
Philadelphia prison on March 17th, 1930; two years after his income tax
for the year 1929 was due. Six days later, on March 23rd, he had
lawyer' and that lawyer said Capone wanted to pay his taxes. How in the
can you find him guilty of willful intent to defraud the Government for
indictment alleges income of $123,000. Where is the
proof? There is not a scintilla of evidence that he made a dollar in
There is not any evidence that he spent any money in that year, with
exception of a $5500 automobile....
show that the profits of a Cicero gambling house
from May to December, 1924, were $300,350. I suppose the theory of the
Government is that because in May of the next year Capone told certain
he owned the place he owned it in 1924....
There was a
very interesting sheet in that book, Exhibit 3,
about this gambling house. Assuming that the initial "A" referred to
Al Capone, then what does it mean? That Frank paid to Al $17,500. In
words, that Al was in debt to the house for $17,500.
assume that "A" meant Al, that "J"
meant Jack Guzik, that "Frank" meant Frankie Pope, that "Ralph”
meant Ralph Capone and "Pete" meant Peter Penovich and that the
amounts opposite their names represented that percentages.
assume this, although it has not been proved, and what
have you? The only percentage Al had was one-half of 17 ½ per cent, or 8 ¾ % per cent, for he
entry with Jack Guzik.
Now, as for
1925. He is supposed to have told Bragg and Morgan
and the Reverend Mr. Hoover that he owned the place. Let's assume that
true. It proves only that he said that on that day he was the owner of
gambling house. There is no proof that he owned it the next day.
Now as for
1926. What evidence is there that he was in the
gambling business this year? Are they asking you to convict him for
just because he had a gambling business in 1925?
And in 1927
Jimmy Mondi, the manager of the gambling house, went
to California about the middle of January. Ralph Capone came in and
Penovich would take charge. Reis, the cashier, saw Al Capone in the
telegraph room talking to Jack Guzik. Imagine such evidence! Because Al
was talking to Jack Guzik he had an interest in the place!
Well, in that year, he cashed some Guzik checks, in
payment of furniture and other purchases....Wouldn't that
argue to you that Al borrowed the money from Guzik
instead of getting dividends?
the last year. What evidence have they? Absolutely
nothing except that he lost $110,000 betting on the races, and we
shows is that he had money. That is the most remarkable
proposition I ever heard of: Because I spent hundred dollars or ten
dollars this year is that was my net income....
Capone is the kind of man
who never fails a friend. He was loved by his
followers. Open-handed, generous, a man a bookmaker would trust with a
ten-thousand-dollar bet. This does not fit in with the government's
a miserly effort to evade income tax. A
tinhorn or a piker might try to defraud the government, but not