New York City; February 4, 1934.  3 months of intensive investigation is paying off for Ness and his Untouchables; they have ""Smiley"" Barris cornered in an upper floor of an Eastside tenement.  With the aid of local police, and some tear gas, Smiley is apprehended.  But somebody wants Smiley dead; a sniper with a high-powered rifle, on the roof of a building, shoots at Smiley-- he accidentally kills the cop beside Smiley.