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- + > en ~ " 7 7 JOHN EDGAR HOOVER ¢ . .) ° . ; 1. S. Bureau of Inbestigation Bepartment of Justice ; Mashington, B. C. January 7, 1933. f I.C. #69-180 _ @ ALPHCNSE CAPONE 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 iesued a subpoena for the eanpearance of Alphonse Capone before the Federal Grand cury at Chicago on March 12, 1929, tc testify in the case entitled UNIT=D STATES versus D'AMICO, et al, Conspiracy to Violate the National Prohibition Act. This subpoene was served on Capone February 27, 1929, at his home on Palm Island, neer Minni, Florida. On March 11, 192%, Capone entered an appearance in the Federel Court at Chicago through his attorneys and petitioned for ® postponemen t of his appearance in response to the subpoena. With his petition for post- ponenent he submitted to the Court an atfidevit executed March 5, 1929, at Miami, Florids, before John F. Spitler, United States Commissioner, for the Southern District of Florida, by = practicing physicien of Mismi, Florida, formerly of Chicago. This affidavit stated that Capone had been ill snd under the doctor's professional care since Januory 13, 1929, and had thereafter been confined to his bed with broncho-pneumonia for six weeks _ 4 and had been out of bed only ten days prior to March 5, 1929, and that a therefore it would be dangerous to Cuponets health for him to answer the , C9 -+5t~ SE