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VJ , BL S. Begartment of Justice eee Ke “p ; i G6. Sood f " . fee Pyownie wo 7A Ny i EE: ee van Cee r- i “>, January 22, 1031. f.* Director, Bureau of Investizetion, Department of Justice, Feshington, D.C. re) ALPHONSE CAPONE, KENNETHOPHILLIPS, M. D., CONT2°PT OF COURT = PERJURY. Dear Sir:- jAN 2A 2994 As you know the above captioned matter was set for e hearing before Federal Judge Jemes H. Wilkerson on the 19th instant, weich date had been previously set as a firm trial date in this matter. On the loth instant Federal Judge Filkearson continued the metter indefinitely becauas of tke crowded condition of his court calerder. I conferred with Federal Judge Wilkerson on the loth {natant relative this matter and wes advisec by him that two important and lengthy civil matters have precedence on his calendar and thet because of thet fect it wes not poasible to proceed with the instant matter on the i9th instent. In this connection Federal Judge Wilkerson informed me thet be has a definite understanding with the attorneys representing Defendant Capone that the instant case is subject to eall on forty-eight hours notice at the first opportunity which may affore itself during the pendency of the two civil matters which have priority on the calender. I have endeavored to keep in touch with the situation from day to day in order that this office might be on notice as to the . probeble trial dste. My letest advice, obtained thie mornire, is that \ Judge Wilkerson ia now confined to his bome by iilness and that it ia extremely doubtful if he will be able to vist his office during the preset Y\ woeak. The Secretary of Judze Wilkerson tells me, even though the Judge 2 \ {se able to visit his office during the present week it is 4 eerteinty tha he will not attempt to heer any matters whatsoever. a ( me ce ne pe ee ee ee ee ee