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 but Capone's lawyers incompetently failed to make the necessary timely objection; they ran a basically irrelevant defense of gambling losses. Judge Wilkerson allowed Capone's spending to be presented at very great length. There was no doubt that Capone "spent" vast sums but, legally speaking, the case against him centered on the size of his "income". Capone was convicted on October 17, and was sentenced a week later to eleven years in federal prison, fined $50,000 plus $7,692 for court costs, and was held liable for $215,000 plus interest due on his back taxes. The contempt of court sentence was served