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Joun ELGRR HOOVER C ’ 0 m DIRECTOR WHDL? EB UW. S. Bureau of Investigntion 69-180 Bepariment of Justice Washington, B. C. aN March 17, 1933. “ou ALPHONSE GAPOME CONTEMPT OF COURT In the early part of 1929 a subpoena wes issusd in the United States District Court of Illinois at Chicago for the appearance of Alphonse Capone as a witness in a Prohibition case. The subpoena was properly served on Capone in Florida. Caponets attorney appeared in Federal Court at Chicago ‘and presented e petition for postponement, presenting an affidavit dated March 5, 1929, to the effect that Capone had been out of bed only ten days prior to March 5, 1929, and that it would be dangerous to his health for him to answer the subpoena in person as required. Special Agents of the United States Bureau of Investigation began an investigation, upon request, to establish the truth or falsity of the affidavit, This investigation disclosed thet Capone had attended the races regularly and was apparently in good health during the time the affidavit alleged he was in bed and that he had made one trip by boat and one by airplane to the Bahama Islands and return during the same period. As a result of this investigation Capone was cited for contempt of court in the Federal Court at Chicago and released under $5,000 bond. Before hig hearing on the contempt charge, he was arrested in Philadelphia and given a one year sentence for carrying concealed weapons, On February 25, 1921, he pleaded not guilty to the contempt charge in Federal Court at Chicago, was tried and convicted and on March 2, 1931, was sentenced to serve six months in the Cook County Jail. The United States Circuit Court of Appeals dismissed his appeal on motion of his counsel and the Federal Judge of the United States District Court at Chicago in sentencing Capone on October 24, 1931, for violation of the Income Tax laws, provided that Capone's sentence for contempt of court should be served concurrently with that imposed for violation of the Income Tax laws. 2 ened GB . my TT y L. ...