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— . | —- (5) With Capone out of the way, George Moran held the power in Chicago. ‘ On January 25, 1933, Judge E. Marvin Underwood granted the govermments_ - motion to dismiss Capone's plea for a Writ of Hebeas Corpus, Capone's attorney's sought his release on the grounds that his roe year sentence to prison was excessive & that the income tax law evasions for which he was convicted were covered by the Statute of Limitations. Capons did not appear in court. On August 15, 1933, State Attorney Courtney of Chicago asked the Department of Justice to allow Capone to stand another trail in Chicago on racketeering charges because they were serious. The request was made to Assistant Attorney General Pat Maloy. The Attorney General, Cummings was on vacation & wasn't due back until August 16, 1933, that's when Maloy would talk to the _Attomey General, ‘On August 20, 1934, Capone & 42 other prisoners were transferred from Atlanta Georgia, enroute to San Pranciseo Bay by train (the south pacific railroad) to go to Alcatraz, They used 2 railroad cars, “heavily guarded, that were attached to a specia} train made up in New Orleans, On October 15, 1934, the Suprene Court in Washington, refused to consider a petition for a Writ of Habeas Corpus. A petition for a re~hearing could be accepted when he became elegible for parole. Capone served 3 years at Atlanta, Georgia. On January 10, 1939, Capone wis secretly transferred from Alcatraz . Penitentiary at San Francisco Bay,where he served 4 years 5 months, to . . San Pedro's Terminal Island Prison, California, Capone spent 9 days at Terminal Island Penitentiary. On January 19, 1939, after spending 73 in prison, Capone was released from _Terminal Island & was quite ill, He had been i11 for more than 15 years, a victim of paresis, After being released, he retired to his Palm Isiand estate & spent most of his time under the. careful watch of physicians, He was never seen on the streets & spent his time only with his mother, wife & SON, On Tuesday, January 21, 1947 ( 8 years after being released from prison) Capone had 4 afoplectic btroke which weakened his heart more, On Saturday, January 25, 1947, Capone's heart failed, pneumonia resulting from the stroke Tuesday, Januéry 21, 1947, finally brought death, Capone died at his Palm Island Estate at Miami Beach, Florida, at the age of 48 years, & days,