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Writ Signed Asking Return ~ | of Capone for Racket Trial A formal request for the return of Al Capone from Atlanta penitentiary stand trial ‘in..the Cook county Criminal court with 22 other persons pamed In @ conspiracy indictment obarging racketeering was dgned yes- terday by Chief Justice John Prystal- aki at the request of Acting State's Attorney Grever C, Niemeyer. The request was in the form of a4 writ of habeas corpus ag provided gander the law fer tha return of a prisoner to stand trial on another tn- dictment. The first step in the pro- eeeding was te get a trial dete and, at the r request et Mr, Niemeyer, Aug. a8 was the date ‘fixed. The application for the writ ef habeas corpus was then presented Judge Prystalski and aigned. Approval Up to Washington. The action of Judge Prystalsk! is Ot binding on the federal authorities, ‘who have Capene in the Atlanta rison under a 10 year sentence for come tax fraud. The writ waa for. eq to Warden A. C. Aderholz st €-lO- 8. Atianta, “who im turn will send it to- Washington. - There Ht must be sanctioned by Ae: torney General Cummings. “The attor-~ hey genera) js expected is Fetere to Washington in a few days from a vacation trip in Compecticut. It is believed by Cook county offi- eiels, however, that the government wil grant the request inasmuch as State's Attorney Thomas J- Courtney ané United States District Attorney Dwight Green have already conferred on the matter. Pian of State Prosecutors. The plan of the prosecution ia to trv Capone on the racketeering charge and if he js convicted have him serve the new sentence after be Kes fin- ‘ished his federal sentence. Among thoss indicted with Capone on the packet conspiracy charge are Murray Humphries, his successor in gangland; Dr. Benjamin Squires, econ- omist and labor arbiter; Ald. Oscar Nelson of. the 4th ward; Aaron Sa. piro, New Tork attorney, and Attor- ney Morria_I. Kaptan, counsel for sev- eral trade associations. Sapiro is re- sisting extradition in New York. | s b9- /8o- Ah WUT RECORDED