After the indictments against Capone were returned and during the trial it was anticipated that the attorneys for the defense would attempt to cause the indictments to be set aside on the ground that the offenses charged in the indictment were outlawed by the Statute of Limitation but that point was not pressed by the defense until after the defendant had been convicted and the conviction was sustained by the Supreme Court. We were proceeding on the theory that a prosecution could be started within six years but as a District Court in Boston had recently set aside an indictment based on the six year statute, we were prepared to base our prosecution on the three year statute in the event that question were raised at the trial. We had secured evidence and were ready to establish that the defendant was outside the jurisdiction of the Northern District of Illinois having spent from time to time in excess of three years at Philadelphia, Pennsylvania, Miami, Florida, Hot Springs, Arkansas, Los Angeles, California, and other points, thereby bringing the offenses charged within the three year term. After the defendant started to serve his sentence in the Federal Penitentiary at Atlanta, his attorneys attempted to secure his release on the ground that the Statute of Limitations had expired before the indictments were secured but they have been unsuccessful in their efforts.
I desire to call attention to the fine cooperation extended to me during this investigation by the following officials in Chicago and to express my thanks for the courtesies extended by them to me and the other agents engaged upon this investigation:
United States Attorney George E. Q. Johnson,
Special Agent in Charge A. P. Madden,
Assistant to the General Counsel Dwight H. Green,
Assistant Attorney General William J. Froelich,
Assistant United States Attorney Jacob L. Grossman,
Assistant United States Attorney Samuel Clawson,
Internal Revenue Agent in Charge C. W. Herrick,
Supervisor of Accounts and Collections James Mitchell,
President of the Chicago Association of Commerce, Colonel Robert Isham Randolph.
The splendid cooperation and whole-hearted encouragement of United States Attorney George E. Q. Johnson and his staff during the grand jury investigation and at other times during the preparation of this case served to spur me and the other agents engaged upon the investigations to exert our best efforts to secure evidence and witnesses who could furnish the facts necessary for the indictments. One of the most important factors in the success of the prosecutions was the policy established by Mr. Johnson that all other cases in
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