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He Ent Ui 3-14 4 Marvin Under- wy wood took under! zuper =. xu. advisement - th (. SEDEBROOD, government's mo —., | $40) Harris & Ewing? tion to dismine th habeas corpus petition brought by _ pone’s attorneys. Thene attorneys: ba ores that Capone was convicted. _ @enses which had occurred more than ———" three years before his indictment and St DS SO0U OF VS the statute of limitations. 7. the federal penitentiary and trans ported ander heevy guard to the court- de ee ie oe who came to tiew him. = -— ‘tatensely interested, but, did not speak, even to confer with his counsel He appeafed mich thinner, bronsetl, and ty better physical trim than he was In ‘May when he arrived here to begin ‘ 1 j i i if i 1 | é gee eth “Bours ‘oday | petition “read fteelf ont. Iswy aera «Tt wap potnted out tha , During the arruments he anneared | oonnt tn trial - pic the conctusion of. “The law of habeas corpus,” be oon- tinued, “cannot be teed as 2 wubsti- tute for appeal, Yet Capone is trying to use .& for thet purpote. The sut- ficlency of the evidence is not a proper subject matter to sustain a writ of hebeas corpus. The proper place to introduce additional evidence, if be had been fread undert was not corradtgndayoted cases run: | Capone was taken from his cell fn ey ning back ae-demerl870. He aescrted, elao, that the thme Capone spent in room. He arrived there an bour be [ail in Philadelphia and bis residence fore his caso was called. With “bis lin Florida should be considered part mands manpacied he was led through tof the time applicable to the statute the corridors of the federal building, lof limitations. _ whioh had been cleared of the curious | This was another point of divergence among the attorneys, the government . asserting that only the time he spent ' in the Chicago federal district should | Gives Week For’ Briefs, Sedge Underwood gave tha attorneys a week In which to Sle briefs contain- ing their arguments. 1 It was learn today thal Capone ie ian ves! 4 rated -0 jhas never officially been asked to pay the.income taxse be owed and ‘evaded. The internal revenue office in Atlanta ia mwelting the arrival of distraint warrants demanding payment. These NOT RECORDED b4-14¥o-A- 3