Al Capone And The Chicago Lawyer
By Ken Delo
Monday, May 02, 2005
Born Jan. 17, 1899 , Brooklyn, N.Y., U.S. Died Jan. 25, 1947 , Palm Island, Fla. byname of Alphonse Capone, also called Scarface the most famous American gangster, who dominated organized crime in Chicago from 1925 to 1931.
Capone's parents immigrated to the United States from Naples in 1893; Al, the fourth of nine children, quit school in Brooklyn after the sixth grade and joined Johnny Torrio's James Street Boys gang, rising eventually to the Five Points Gang.
"I don't even know what street Canada is on.When I sell liquor, it's called bootlegging; when my patrons serve it on silver trays on Lake Shore Drive, it's called hospitality."
"I have build my organization upon fear."
"You can get much farther with a kind word and a gun than you can with a kind word alone."
"I am like any other man. All I do is supply a demand."
Prohibition led to the bootlegging of liquor and the gang wars of the 1920’s. The most notorious gangster of all time, known as Al Capone, was the most powerful mob leader of his era. He dominated organized crime in the Chicago area from 1925 until 1931. Capone grew up during the roaring 20s in Chicago. He joined the James Street gang, lead by Johnny Torrio. In 1920, Torrio asked Capone to move to Chicago and work with his uncle who controlled the city’s largest prostitution and gambling ring at the time. Capone had liked that idea.
Later that year the Prohibition act came into affect and Capone became interested in selling illegal whiskey and other alcoholic beverages. Al Capone was America's best known gangster and greatest symbol of destruction of law and order in the United States during the Prohibition era because of his leading role in the illegal activities which gave Chicago its reputation as a lawless city. Capone’s network came through Torrio’s business. Capone and Torrio took over his uncles business after his uncle died. Torrio’s uncle did not agree with Capone’s idea in the first place.
His uncle was shot by his rival, which gave the business to Torrio. They both created the selling of illegal alcohol in the city of Chicago. This impacted the U.S. because it gave many men and women beverages for their needs. Capone developed contacts to obtain imported liquor from Detroit, New York, and Miami (Haller 360). These purchases gave Capone power and wealth because he sold alcohol all over Chicago. After Torrio was shot and almost killed by a rival gang, he retired from the underworld, which left Capone to run the organization alone. Now Capone was on the top of his organization and at the age of 26, he was managing more than 1,000 employees, which included a payroll of more than $300,000 a week. Capone demanded loyalty from all of his employees. During this time Capone became so rich he gave out free food for Chicago’s unemployed which made him look like a good influence. Since Capone was such a huge criminal, the law enforcement contributed to American society to find a way to stop Capone. “One group that was formed because of him was the Untouchables”. The FBI was also formed because of Chicago criminal organizations such as the Mafia.
More and more police stations were built because of crime, and now today people have more protection because of all the different kinds of crime prevention agencies. If Capone and other criminals like him weren’t around at that time, law enforcement might not be were it is today. Capone is still seen as a common thug outside of Chicago from his organization. On Feb. 14, 1929, the St. Valentines Day Massacre impacted the U.S. because it was the worst display of gang violence. Capone was in Florida during the St. Valentines Day Massacre, but still held responsible for the murder of a bootlegger. Capone was held responsible because "Machine Gun" McGurn was given complete control of the hit ordered by Capone. The St. Valentines Day Massacre started by Capone’s partners, whom they trapped the Moran gang into the garage thinking that Capone’s men were police officers. They were in a garage from which they distributed alcohol. Capone with a clever idea, chose to act like they were to raid the garage and to arrest Moran’s gang. As all seven members of the gang were facing the wall, Capone’s men shot them, killing all seven. This was obviously a set up by Capone to take over Chicago by demolishing his competition and rival gang. Capone was somewhat successful because he shot and killed seven of Moran’s gangsters, but the main leader, Bugs escaped. Bugs had seen the police cars outside the garage and choose not to be involved with the raid. He did the right thing, which was to run away. He was not in the garage at the time because he was supposedly “running late”
Capone moved from Chicago and went to Florida with his family where they would be protected. Chicago was an unsafe place for Capone to live because Bugs had escaped the St. Valentines Day Massacre. Now Capone was no longer an easy target to Bugs. Ever since the St. Valentines Day Massacre, Capone was known as the most famous gangster in the 1920s. Capone impacted society because he was recognized as the most famous gangster in the United States. “News of Capone had reached the White House and in 1929, President Hoover ordered a crackdown on gangsters, especially Capone”. This glamorized Capone and it demanded justice, which gave attention to the governments forces against him. “The U.S. commissioned a two-pronged approach: to get the necessary evidence to prove income tax evasion and to amass enough evidence to prosecute Capone successfully for Prohibition violations. Once the evidence was collected, the Treasury agents were to work with the U.S. Attorney, George E. Q. Johnson to initiate prosecution of Capone and the key members of his organization”.
Capone impacted the whole U.S. nation with his organized crime because it reached the point to where the U.S. had to stop Capone’s organization. His organization affected many people especially in Chicago, in both a good way and a bad way. It increased the pleasure for many people’s needs of alcohol. It was bad on the governments side, which did not make the U.S. look good. In June 1930, after an exhaustive investigation by the federal government, Capone was indicted for income tax evasion. Verdict in United States of America v. Alphonse Capone, October 17, 1931. One of the most notorious criminals of the 20th century held most responsible for the bloody lawlessness of Prohibition-era in Chicago, was imprisoned for tax evasion. The popular belief in the 1920s and 30s was that illegal gambling earnings were not taxable income.
“The 1927 Sullivan ruling claimed that illegal profits were in fact taxable”. Capone was impacted because the government wanted to accuse him for income tax evasion. “Capone never filed an income tax return, owned nothing in his own name, and never made a declaration of assets or income”. Capone had a good plan because he did all his business through front men so that he was unknown when it came to income payments. “Frank Wilson from the IRS's Special Intelligence Unit was assigned to focus on Capone”. A main turning point for Capone’s life was when Wilson accidentally found a cash receipts ledger, which stated the operation's net profits for a gambling house, and most importantly it contained Capone's name, which was a record of Capone's income. “Later Capone's own tax lawyer Lawrence P. Mattingly admitted in a letter to the government that Capone had an income” . Wilson's ledger, Mattingly's letter, and the restraint of witnesses were the main evidence used to convict Capone. “In 1931, Capone was indicted for income tax evasion for the years 1925-29.
He was also charged with the misdemeanor of failing to file tax returns for the years 1928 and 1929” . This impacted the whole jury because the government charged that Capone owed $215,080.48 in taxes from his gambling profits. A third indictment was added, charging Capone with conspiracy to violate Prohibition laws from 1922-31. Capone pleaded guilty to all three charges because of his belief, which was that he would be able to plea a bargain. The judge who controlled over the case, was Judge James H. Wilkerson, and would not make any deals. Capone changed his pleas to not guilty, but he was unable to bargain, and he tried to bribe the jury but Wilkerson changed the jury panel at the last minute. The jury found Capone not guilty on eighteen of the twenty-three counts. Judge Wilkerson sentenced him to a total of ten years in federal prison and one year in the county jail. This impacted society because now many people can feel secure and not have to worry about organized crime violence. Capone had to serve an earlier six-month contempt of court sentence for failing to appear in court.
This affected Capone because the fines were a cumulative $50,000 and Capone had to pay the prosecution costs of $7,692.29. This was the end of Al Capone’s organization, and now had to deal with life in the penitentiary. In May 1932, Capone was sent to Atlanta, the toughest of the federal prisons, to begin his eleven-year sentence. In prison Capone took over control, getting special privileges from the authorities such as furnishing his cell with a mirrors, typewriter, rugs, and a set of the Encyclopedia Britannica. Capone took control because of his wealth, and the amount of money he still had. This is significant because word spread that Capone had taken over in Atlanta, so he was now sent to Alcatraz. There was no other outfit members in Alcatraz. Security was so tight that he had no knowledge of the outside world. He was unable to control anyone or anything and could not buy influence or friends. This combed down Capone, which earned him time off for good behavior. Capone became the ideal prisoner and refused to participate in prisoner rebellions or strikes. “While at Alcatraz, he exhibited signs of syphilitic dementia.
Capone spent the rest of his felony sentence in the hospital”. Capone had spent his last years in the hospital and on January 6, 1939, his prison term expired and he was transferred to Terminal Island, a Federal Correctional Institution in California, to serve his one-year misdemeanor sentence. He was finally released on November 16, 1939, but still had to pay fines and court costs of $37,617.51. After his release, Capone spent a short time in the hospital. He returned to his home in Palm Island where the rest of his life relaxed and quiet. His mind and body got seriously ill so that he could no longer run the outfit. “On January 21, 1947, he had an apoplectic stoke that was probably unrelated to his syphilis”. He regained consciousness and began to improve until pneumonia hit Capone on January 24. He died the next day from cardiac arrest. Capone was first buried in Mount Olivet Cemetery in Chicago's far South Side next to the graves of his father, and brother. In March of 1950 all three were moved to Mount Carmel Cemetery on the far West Side. That is why Al Capone was known as America’s best known gangster in the prohibition era.
