(3 of 3)
The Government, considering Capone's ownership of gambling houses proved, set out to show how he had spent the returns, holding that large expenditures would prove the existence of a taxable income. While Snorkey dug a stubby forefinger into his right ear, letters were read from Lawrence P. Mattingly, Washington income tax attorney retained by Capone in 1930, to show that Capone offered to compromise with the Government and pay a delinquent tax on $226,000 for the years 1926-29. Capone, the letters showed, got one-sixth of the income from his syndicate's operations. As the letters were read over the strenuous objections of Snorkey's attorneys, who maintained a lawyer could not "confess" for his client, Attorney Fink heaved a sigh. "Oh, my conscience!" he sighed. "They've got him nailed to the cross now!"
Witnesses from Florida said Capone had spent $40,000 for his Palm Island home, $100,000 to improve it, swore to a $6,500 meat bill, a $2,085 hotel bill, a $9,000 telephone bill, asserted he distributed $5 tips and spent thousands of dollars on cakes and macaroni. Prize Miami witness was one H. F. Ryder, a garrulous carpenter whose $1,011 bill had been paid by "Mr. Al—Mr. Capone—the gentleman there." Witness Ryder said Capone's friends "gave me a sandwich sometimes," thought "Mr. Al was a mighty fine man," even though he still owed him $125. He told of being paid $250 from "a roll that would choke an ox"—as big as Judge Wilkerson's fist. "There were money wrappers by the handful around the place. All marked $1,000."
Scarface Snorkey had grown glummer & glummer, angrier & angrier. He scowled at Carpenter Ryder, whispered with his lawyers, mopped his brow. The jury had waked up, was following the testimony with wide-eyed interest. Leaving the courtroom one day Snorkey and his bodyguard, Philip D'Andrea, brushed aside Federal Judge Walter C. Lindley to get into an elevator. Two days later D'Andrea was arrested, searched in the corridor by Secret Service men before gaping policemen, charged with carrying a concealed weapon (.38 calibre revolver). D'Andrea showed a badge reading "Deputy Bailiff of the Municipal Court," was told it was no good. Capone rivals began a war of succession, killed one James L. Quigley, minor gangster.
*First time was in 1929 when Capone was tried and convicted in Philadelphia for carrying a pistol. He spent ten months in jail, his only prison term to date. But underworld legend says he went to jail that time on purpose, to avoid being assassinated in Chicago.