Show SCARF CEAL BATTLES TO QUIT PRISON Judge Takes Take Under Advisement Advise Advise- m ment nt nf Motion f for r Writ of Habeas Corpus COURTROOM IS CROWDED Heavy Guard on Hand Hald During Hearing By y FOSTER EATON EATO United Press Staff Correspondent ATLANTA Ga Nov 16 Federal 16 Federal Judge E. E Marvin Underwood took under under un der advisement tod today y a motion by the federal government to dismiss the application of Alphonse Capone former former for- for mer Chicago gang chieftain for a writ of habeas corpus that would release him from federal prison Judge Underwood g gave ve counsel for Capone one week in which to file a brief in answer to the governments government's motion If It the motion of the government governments is s sustained Capones attempt to gain his lis freedom on grounds his case was outlawed by the statue of limitations will fail If the court should deny the governments governments government's governments government's gov gov- motion to dismiss further argument then would be in order on Capones Capone's plea that the Chicago federal court which sent him to the was without jurisdiction Still fat and not as carefully dressed as in his palmier days Capone Capone Capone Ca Ca- pone sat through the hearing bearing and seemed bored by the arguments of his attorneys for a writ that would free him from a year ten sentence for income tax fraud Under the heaviest guard of U. U S. S marshals employed here in years Capone Capon was was was' brought to to the federal building at a. a m. m for forthe the hearing at 10 a. a m. m Corridors of ot the building building build build- ing were cleared nl of loiterers spectators spectators spec spec- were admitted shortly before 10 jo everyone forced to find a seat scat and then the doors doors' were closed ASKS DISMISSAL Assistant United States Attorney General A. A G G. who came carne down from Washington to fight Ca Capone's Capones pones pone's attempt to beat the rap opened the proceedings before Judge dge E. E Marvin Underwood with a motion to dismiss the action for lack of legal sufficiency He was answered for Capone by William WilHam E. E Leahy of Washington who charged the government with failure failure fail fail- ure to do exactly what the government government government govern govern- ment had charged Capone with failure failure fail rail ure to do namely swing into the proper l legal gal action to determine at atthe atthe atthe the right time whether in fact tact the statute of limitations applied to the case Occasionally as the hearing progressed progressed progressed pro pro- gressed Judge Underwood demanded that spectators be seated He frequently frequently frequently fre fre- fre- fre interrupted counsel to ask pointed questions Through the high arched win windows of the courtroom knots of distant spectators could be seen massed in windows of adjacent office oHice buildings buildings peering peering in at Capone Ca- Ca pone At Capones Capone's counsel table sat several several several sev sev- eral persons pec who declined to divulge their names One told the United Press Im just here for a tire convention eon con and knew the counsel Another Another An An- other said nothing He was garbed in a soft green sports suit and frequently frequently fre Ire handed notes to Capones Capone's a at at- Friends of theirs said Attorney William J. J Hughes Jr of Washington when asked If he could identify the men In opening for the government bri briefly reviewed the facts showing how Capone was convicted for offenses which admittedly occurred occurred oc oc- oc more than three years prior to the date dale of ot the indictments June indictments June 5 5 1931 It was on that point and that alone that rival counsel split The attorney general referred to the now famo famous s case of U. U S. S vs William William Wil Wil- liam Randolph S harton who Boston under almost identical circumstances won liberty by showing the indict indict- Continued On F Page Pace e Two S GANG LEADER SEEKS SEEK'S WRIT FOR RELEASE Continued from froni Pate Pue One ment postdated hi his alleged crime by more than three years But In this case out filed a special plea pica in bar the government demurred demurred de do admitting he had been in inthe inthe inthe the district for the three years in question and the case was dropped If It Capono Capone had done the same the defendant would have had to go forward for ward simply to prove he was out ol of the district or in m the district the required time C Capone pone did nothing of the sort thereby depriving the government of the right to refute any sets of ot facts he might have set up The government for example could have shown he was In Philadel Philadel- Philadelphia Philadelphia Philadelphia phia for a year which would have affected the limitations involved |