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In-re: The Attorney General, Wasning ton, D. C- Sir: Atteztion: _Mre. Mabel Walker Willebrandt. _ I have tne honor to enclose copy of an affidavit pre- sented to Jidge Wilkerson of this district, om March 12, 1929, wherein it is alleged by one Doctor Kenneth Phillips taat sl Capone was confined to his bed op account of illness for a pe- riod of six weeks subsequent to Jancary 13, 1429, at his home in Miami Beach, Florida. It is the opinion of this office that this affidavit is false. If it can de proved to be false it seems to me chat doth the doctor, who executed the affidavit, and 41 Capone, who was instrumental in oaving it presented to Judze Wilkerson for the purpose of obtaining a corntinuauce of his response to a grand jury subpoena, can oe punisned for contempt of court. Mre A. Pe Madden of the Intelligence Unit here at Chicago was Fequested to inquire into the truth of this affidavit, imt re- ported today that it was not within the scope of his authority zs) do 80. He suggested, however, that the matter be taken up