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subpoena in person as required, Special Agents of the United States Puresu of Inves request, immediately began an investigation for the purpose of establishing the truth or falsity of the affidavit. This investigation disclosed that between Janunry 13 and March 5, 1929, Capone had freqently attended the races at the Miami Jockey Club, The Hialesh Race Track, Floride, and had freguently appeared in public in apparently good heal *h during the time wher the effidavit alleged he was in bed. The investigation revealed further that between January 15 and Merch 5, 1929, Capone, in addition to having attended the races regularly, hed made a trip by boat and ancther trip by aeroplane from Miami, Florida, to the Bahan. Isleads and return. Sretiel Arertse of the [nited States Bureau of Investigetion obtained affidavits from five police officisls and an employee at the race track to the effect that Capone had attended the races on a number of occasions betweer. January 13 and March 5, 1928, at which times he had appeared to be ir good health, 4&4 pilot for a flying service at Miami, Florida, made affidavit that on February 2, 192, he had piloted a certain ses plane from Miemi, Florida, to Bimini, Behema Islands, British West Indies, and return, carrying as passengers Al Capone and three other individuals, end that Capore appenred to be in good health during the entire trip. An affidavit was obtained from an officiel of a steamship line operating between Miami, Florida, erd Nassau, Pahama Islands, British West Indies, stating that on February 8, 1929, while checking the passenger lists of one of his company’s vessels, he personally observed Alphonse Capone, together with Alfred Capone und several other individuals on the deck of one y * ' of the compeny's boats as it departed for the Bahamas,