Al Capone target him. His driver was found tortured and murdered, and there was an attempt on Weiss's life in the Chicago Loop. On September 20, 1926, the North Side Gang used a ploy outside the Capone headquarters at the Hawthorne Inn, aimed at drawing him to the windows. Gunmen in several cars then opened fire with Thompson submachine guns and shotguns at the windows of the first-floor restaurant. Capone was unhurt and called for a truce, but the negotiations fell through. Three weeks later, Weiss was killed outside the former O'Banion flower shop North Side headquarters. The owner of Hawthorne's restaurant
Al Capone along and refused to allow Capone to plead guilty for a reduced sentence. On the second day of the trial, Judge Wilkerson overruled objections that a lawyer could not confess for his client, saying that anyone making a statement to the government did so at his own risk. Wilkerson deemed that the 1930 letter to federal authorities could be admitted into evidence from a lawyer acting for Capone. Much was later made of other evidence, such as witnesses and ledgers, but these strongly implied Capone's control rather than stating it. The ledgers were inadmissible on grounds of statute of limitations,