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Fe i \ JOHN EDGAR HOOVER C Q y YU. S. Bureau of Intestigation Tat et of Deion @irparinien BL Buse Bashinaton, B.C. January 7, 1933, ALPHCNSE CAPCNE CONTEMPT CF COURT In the early part of 1929, in the United States Court for the Northern District of Illinois, Federal Judge James H. Wilkerson issued a subpoena for the appearance of Alphonse Capone before the Federal Grend Jury at Chicago on March 12, 1929, to testify in the case entitled UNITED STATES versus D'AMI[O, et al, Conspiracy t Viclate the National Prohibition Act. This subpoenn was served on Capone February 27, 1929, at his home on Palm Islend, near hiiami, Floride. Cn March 11, 1929, Capone entered an appearance in the Federel Court at Chicago through his attomeys and petitioned for a postponement of hia appearance in response to the subpoena. With his petition for post~ ponement he submitted to the Court an affidevit executed March 5, 1929, at Miami, Florida, before John F. Spitler, United States Commissioner, for the . Southern District of Florida, by a practicing physician of Miami, Florida, formerly of Chicago. This affidavit stated that Capone had been ill and under the doctor's professional care since January 13, 1928, and had thereafter been confined to his bed with broncho-pneumonia for six weeks \ and had been out of bed only ten days prior to March 5, 1929, end that therefore it would be dangerous to Cupone's health for him to anawer “he ‘ NOD RECURRED G9~/F0 en eT Senn fe eT ne a we a ieee 7 -