Al Capone and threatened to arrest his family. He was charged with perjury for making these statements, but was acquitted after a three-day trial in July. In September, a Chicago judge issued a warrant for Capone's arrest on charges of vagrancy, and then used the publicity to run against Thompson in the Republican primary. In February 1931, Capone was tried on the contempt of court charge. In court, Judge James Herbert Wilkerson intervened to reinforce questioning of Capone's doctor by the prosecutor. Wilkerson sentenced Capone to six months, but he remained free while on appeal of the contempt conviction. Assistant Attorney General
Frank Capone At the later inquest, the police claimed that Frank Capone shot first; they produced a pistol with three missing rounds that they swore he used. Frank allegedly thought these officers in civilian clothing were rival gangsters. In either event, Capone was fatally shot by Sergeant Phillip J. McGlynn in the ensuing melee. Fischetti sprinted across a nearby vacant lot, only to toss down his weapon and surrender once the police caught up with him. The third gangster ran south, firing a gun in each hand, and managed to escape. An urban myth later grew that this man was none other