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CINCINNATI, OHIO
4-48-18
Judge Explains
Capone Sentence
WASHINGTON, April 8-(AP)-The
story of Al Capone's conviction was
told, yesterday, to a Senate Commit-
tee by Judge James H. Wilkerson, who
sentenced him to eleven years in the
penitentiary.
Wilkerson said he allowed the
gangster's pleas of guilty to be with-
drawn because Capone's counsel con-
tended that under them the court
was bound to limit the sentence to
two and one-half years.
The Chicago Judge explained the
circumstances of the case in a letter
to the Senate Judiciary Committee
which is considering his nomination
to the Circuit Court.
Wilkerson said he had given per-
mission to District Attorney Johnson
to recommend a two and one-half-
year sentence, "subject to such action
as would be taken after| a hearing of
the facts in the open court."
"The attorneys for the Government
were ready to proceed with a pre-
sentation of the facts," he said, "as
is usual when the court is imposing
sentences either with or without a
recommendation from the prosecutor.
"The attorneys for the defendant
claimed to have an agreement with
the Government to the effect that
their pleas were not to stand unless
the recommendation was unqualified-
ly followed by the court, that evi-
dence was not to be heard by the
court and that the defendant was not
to be questioned by the court.
"The attorneys for the Government
denied that they had made such an
agreement. After some discussion,
the court, exercising its discretion in
defendant's favor, allowed the pleas
to be withdrawn.
"The hearing did not reach the
point where the court was required
to decide whether it would accept the
1.)
Government's suggestion."
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circumst
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a
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ination
Judge
had
rejected
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9
checked
the
George E. Q.
States attorney
mittee he realized
bound by
said he
had done right.
Receipt of the
the
Wilkerson's
ai
A meeting
day or two to
tion.
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"ocrText": "Star\nCINCINNATI, OHIO\n4-48-18\nJudge Explains\nCapone Sentence\nWASHINGTON, April 8-(AP)-The\nstory of Al Capone's conviction was\ntold, yesterday, to a Senate Commit-\ntee by Judge James H. Wilkerson, who\nsentenced him to eleven years in the\npenitentiary.\nWilkerson said he allowed the\ngangster's pleas of guilty to be with-\ndrawn because Capone's counsel con-\ntended that under them the court\nwas bound to limit the sentence to\ntwo and one-half years.\nThe Chicago Judge explained the\ncircumstances of the case in a letter\nto the Senate Judiciary Committee\nwhich is considering his nomination\nto the Circuit Court.\nWilkerson said he had given per-\nmission to District Attorney Johnson\nto recommend a two and one-half-\nyear sentence, \"subject to such action\nas would be taken after| a hearing of\nthe facts in the open court.\"\n\"The attorneys for the Government\nwere ready to proceed with a pre-\nsentation of the facts,\" he said, \"as\nis usual when the court is imposing\nsentences either with or without a\nrecommendation from the prosecutor.\n\"The attorneys for the defendant\nclaimed to have an agreement with\nthe Government to the effect that\ntheir pleas were not to stand unless\nthe recommendation was unqualified-\nly followed by the court, that evi-\ndence was not to be heard by the\ncourt and that the defendant was not\nto be questioned by the court.\n\"The attorneys for the Government\ndenied that they had made such an\nagreement. After some discussion,\nthe court, exercising its discretion in\ndefendant's favor, allowed the pleas\nto be withdrawn.\n\"The hearing did not reach the\npoint where the court was required\nto decide whether it would accept the\n1.)\nGovernment's suggestion.\"\ne\ne\nP\nD\nWas\n2¹/²\nThe\nDD\ncircumst\nter\na\nmittee,\nination\nJudge\nhad\nrejected\nor\n9\nchecked\nthe\nGeorge E. Q.\nStates attorney\nmittee he realized\nbound by\nsaid he\nhad done right.\nReceipt of the\nthe\nWilkerson's\nai\nA meeting\nday or two to\ntion."
}