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JOHN EDGAR HOOVER IRECTOR UU. S. Bureau of Inbestigation Bepartment of Justice Hlashington, DB. C. January 7, 1953, I.C. 469-180 ALPHCNSE CAPCNE 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 UNI T=D STATES versus D'AMICO, et al, Conspiracy to Violate the Natimal Prohibition Act. This subpoena was served on Capone February 27, 1929, at his home on Palm Islend, neer hiiemi, Florida, On Mare wen MAT! 1 ii, 1929, Capone entered an appearance in the Federal Court at Chicago through his attomeys and petitioned for a postponement of his appearance in response to the subpoena, With his petition fo> post- Pponement he submitted to the Court an affidavit executed March 5, 1929, at Miami, Florids, before John F. Spitler, United Stetes Cormissioner, for the Southern District of Florida, by a practicing physician of Miemi, Florida, formerly of Chicago. This affidavit stated that Capone had been ill sand under the doctor's professional care since January 13, 1929, and had thereafter been confined to his bed with broncho-pneumonia for six weeke and hed been out of bed only ten days prior to March 5, 1929, and that therefore it would be dangerous to Capone's health for him to answer the ¥) oe