Al Capone would have been "hard pressed to beat three men to death with a baseball bat" and that he would have instead let an enforcer perform the murders. Hazelgrove further notes that Capone's location at the time was unknown and that while he was known to have attended a meeting during this time, he did not bring a baseball bat with him. On March 27, 1929, Capone was arrested by FBI agents as he left a Chicago courtroom after testifying to a grand jury that was investigating violations of federal prohibition laws. He was charged with contempt of court for feigning
Al Capone suspected of being involved. Torrio headed an essentially Italian organized crime group that was the biggest in the city, with Capone as his right-hand man. He was wary of being drawn into gang wars and tried to negotiate agreements over territory between rival crime groups. The smaller North Side Gang led by Dean O'Banion (also known as Dion O'Banion) was of mixed ethnicity, and it came under pressure from the Genna brothers who were allied with Torrio. O'Banion found that Torrio was unhelpful with the encroachment of the Gennas into the North Side, despite his pretensions to be a settler