Al Capone Legal Doc Among Items from a "Gangsters, Outlaws and Lawmen" Collection to be Auctioned
The extremely rare six-page legal document signed by Capone, April 26, 1930. Special demurrer in relation to the case between the State of Florida and the defendant Alphonse Capone, in part: "Come now the defendants, Alphonse Capone, Mae Capone, John Capone and Frankie Newton, by their undersigned solicitors, and jointly and severally, specially demur to that certain part or portion of the second paragraph of the bill of complaint filed herein reading as follows: 'Persons engaged in the illegal use, sale and exchange of spiritous wines, malts and liquors, in violation of the laws of the State of Florida, and of the Constitution of the United States;' upon the following grounds: 1. Said part or portion of said bill is scandalous. 2. Said part or portion of said bill is impertinent. 3. A building or place frequented by persons engaged in the illegal use, sale and exchange of spiritous wines, malts and liquors, in violation of the laws of the State of Florida, and of the Constitution of the United States, is not a nuisance as defined in and by the law of the State of Florida." Signed at the conclusion in purple ink by Capone.
On April 23, 1930, a week after being released from Philadelphia’s Eastern State Penitentiary following an eight-month stretch on a concealed weapon charge, Capone found himself atop the Chicago Crime Commission’s list of ‘public enemies.’ Unable to return to the Windy City, Capone sought refuge down south.
In spite of Florida Governor Doyle E. Carlton’s best efforts, the mobster returned to his Palm Island mansion on Easter Sunday, April 20, 1930, protected by an injunction that barred law enforcement of Florida’s twenty counties from ‘seizing, arresting, kidnapping and abusing’ its infamous new resident.
This demurrer, which lists Capone, his wife Mae, his younger brother John, and Frankie Newton, the caretaker of the Palm Beach villa, likely relates to a raid conducted at the aforesaid residence by Dade County sheriffs on March 20th, 1930, during which the latter two men were arrested for vagrancy and possession of alcohol; all charges were dismissed on August 1, 1930.
Also includes a one page civil witness subpoena from the State of Florida-County of Dade Circuit Court, June 5, 1930, in part: “You are hereby requested to summon Alphonse Capone, Frankie Newton, Frank Gallatt and Louis J. Schwartz personally to be and appear before the Judges of our Circuit Court of the State of Florida, at the Court House in Miami, on the 10th day of June, A. D., 1930, at 10:00 A. M., to testify in behalf of the State in a certain suit pending in said Court, wherein State of Florida is Plaintiff, and Alphonse Capone, et al., Defendant and herein fail not under penalty of the law.”
After a myriad of other court appearances, Capone was convicted of income tax evasion and sentenced to 10 years in federal prison on October 24, 1931.
“A superb document that spotlights the start of a decade of near constant imprisonment for the notorious gangster,” said Bobby Livingston, Executive VP at RR Auction.
Also featured, Capone’s diamond-studded pocket watch. The former mob boss was eager to be perceived as an elegant gentleman, the formidable Capone was fastidious about his appearance and style, forgoing subtlety in favor of fine, flashy suits, large pinky rings, and no shortage of diamonds. Capone insisted that his Chicago Outfit also dress the part, and required each of his men to wear gray fedoras and spotless tailored suits.
“Unlike his more maligned moniker of ‘Scarface,’ Capone preferred that those closest to him call him by ‘Snorky,’ a slang term which meant ‘sharp,’ or well dressed,” said Bobby Livingston, Executive VP at RR Auction.
Capone's platinum rounded triangular pocket watch made by the Illinois Watch Company, with the circumference of front bezel set with a series of seventy-two cut diamonds, a platinum face, and gold-tone impressed numerals and watch hands; the reverse of the case bears the initials "AC," which consists of twenty-three cut diamonds, and is encircled by twenty-six more.
The interior of the case is marked "Illinois Watch, Springfield," with serial no. 5281719, and it contains a 17-jewel movement with gold wheels and jewel cups; the serial number indicates that the watch was manufactured between 1928 and 1929. Includes the original 12?? watch chain made of 14K white gold. Supported by excellent provenance direct from the Capone family.
The pocket watch is accompanied by a copy of an affidavit from Eric Griese, the great-grandson of Al Capone, in part: "Shortly after the passing of Albert Francis 'Sonny' Capone, his daughter, Barbara Prince, nee Capone, a resident of California, delivered the watch described below to me, along with other personal property that at one time was the personal property of my great grand father, Alphonse G. Capone. My great grandfather had given this material to my grandfather; my grandfather Albert Francis 'Sonny' Capone told his daughter Barbara Prince that this property was to be given to me following his death."
Among the other museum quality pieces to featured:
Bonnie Parker’s silver-toned three-headed snake ring featuring green and red jewels, crafted for her by Clyde Barrow while he was imprisoned in Texas; the ring was recovered from their disabled vehicle by Sheriff Smoot Schmid after the ‘Sowers Raid’ in 1933.
Clyde Barrow signed Letter with his fingerprints.
Original 1933 Bonnie Parker & Clyde Barrow Arrest Warrants.
Extraordinary 1934 Clyde signed Letter with his fingerprints.
Sheriff 'Smoot' Schmid's Gold and Diamond Badge.
Al Capone’s handwritten musical manuscript to "Humoresque,"a rare musical composition from Capone while at Alcatraz.
Online bidding for the Gangsters, Outlaws, and Lawmen auction from RR Auction begins June, 15 and runs until June, 23. It will be followed by a live auction that will take place on Saturday, June 24, 2017 at 1PM, at the Royal Sonesta Boston, 40 Edwin Land Boulevard, Cambridge, MA. For more information, please visit the RR Auction web site (www.rrauction.com).