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. C O ' ta ' an affidavit was obtained from en officer of this same vessel to the effect thet Alphonse Capone and his party had seiled aboard his boat from Miami to Nassau on February 6, 1929, and had returned br the same boat from Nesseu on February 12, 1929, end thet on both trips Alphonse Capone eppeared to be in perfect health. Affidavits were obtained thet on February 14, 1929, Alphonse Capone had been questioned for tao hours by the County Solicitor for Dade County and ar Assistant District attorney of King's County, New York, in the office of the County Solicitor in the Court House at Miami, Florida, the questions und answers being taken dorn by e stenographer, and that upon this occasion Capone appeared to be in good health. The above affidavits, of course, esteblished the falsity of several statements in the affidavit presented to obtain ue postponement of Capone's appearance before the Grand Jury a* Chicago and served to dis prove his contention that he was sick in bed upon certain dates, ond was thus too 41] to appear in vnicago. On Harch 27, 1929, Capone mas cited in the Federal Court at Chicago for Contempt of Court for his failure to respond to the subposna served upon him in Florida ordering his appenrance before the Federal Grand Jury at Chicago, and on the same date he was arrested end released under 85,000 bond. On May 17, 1929, Capone was arrested in Philadelphia and charged with carrying concealed weapons. He ras convicted in the Per. ee Stete Court and sentenced to serve one year in the Eastern State Penitentinry, which sentence he served. at the expiration of this sentence he was erraigned in the Federal Court at Chicngo, February 25, 1931, entered o plea of not ~ Satan