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— ~~ see oS — Ti vwe io /26 3/ Argument. Assistant U. 5. Attorney Jacob J. Grossman estimased the Capone income at $120,000 in 1924: $25¢.000 in 1925; $195,000 in 1926, $220,000 i 1927; $140,000 in 1928; $104,000 in 1929—to' al $:.024.000. Declared he: “When thy Ithe defense] put those gambiers on as witnesses they admitted that we hod proved our case. Why prove deductions if we have not proved income:" Mr. Fink, still feeling burt, thought the language of the indictrhent was “vague. indefinite, uncertain,” felt that a great injustice had been done to Snorkey in charging him with “attempting” to evade gax payments, Snorkey, he said. had only “emitted” to do his duty. In Washington, Treasury offciais punched a bole in Snorkey's only defewse by pointing out that race track losses could not be de- ducted frém his income. If he lost con- sistently, they explained, the money he jest must have come from other sources than the track, and therefore he must pay income on it, Lawyer Abcrn deplored the “great gublic clamor” aginst Snorkey. calicd him a “mythical Robin Hood.” Prosecutor Johnson jndiznantly insisted the Government was presenting the case with “high purpose.” ‘Charge. Jude Wilkerson hitched his chair towerd the jury box and leveled his bushy brows at the jurymen, to deliver his chorve. Excerpt: “Mere failure to file an income tax does not constilute ‘aitempt’ to evade or defeat the tax... . To convict you must find beyond reasonable douln that there was intent to defraud and also sure act dag in furtherance of that intent ™ Snorkey looked blissfully contente ¢ as the jury filed out. In a bricht grees) suit (Sry) and green-spotied 1ie he stood in the corridor and smiled. Also pleas. d sith Judge Wilkerson’s dispassionate charge were Counscl Ahern & Fink. A moment later Snorkey disappeared. It was 1.40 pm, Verdict. At r0:so p.m. the jury was reidy, but Snorkey was nowhere to be seen. Lawyer Abern rushed to a telephone. Fifteen minutes later in popped Snorkey. panting, sweating. He tossed 2 green coat & hat on the counsel table, rsopped his fat bead with a green handkerchief. In came the jury. ; “We, the jury. find the defendant guilty on counts 1, 5. 9. 13 & 18 in the second indictment, and mot guilty on counts 2, 3, “ 6, rf S, 10, 31, 12, 24, 36, 17; 19, 26, 21 22. . Judge Wilkerson looked puzzled, So did Messrs. Ahern & Fink. “Inconsistent.” mumbied the prosecution. Snorkey grinned broadiy_ Soon the meaning of the verdict became apparent. The jury had decided Snorkev feloniously “attempted to evade & defeat” the income tax in 1925, 1976. 1927, but in 1924 & 1978 he only “failed” to pay up. The jury apparently thoughce be had tricd his best in 1929. The prosecucion huddied and counted up. For each of the two yveats Capone had merely neciected to pay his tar. he might be sentenced to @ year in the peni- leniiary; for each of the other three years ail her tnree year he could be given a five-year sentence; on every count be could be fined $10.000; sotal. rf years. Ss0.coc. Inconsistent or not, the Goicrnrnent was satisfied with the verdict. moted to attach his worldly possessions in eeu of the $215,000 he owed. Snorkey did mot think Judge Wil kerson would txve him the maximum penalty. Hr erinted in all directions around the courtroom, then got to his feet, hur- ried to an elevatoc. descended to the street. jumped into a waiting automobile and disappeared into che sprawling city whose thousands of ilfia: night Aaunts were his Empire. -