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: uremt of Inhestigation B P.O. of Dnt woo, CHICASO, TL. Director, Bureau of Investigetion, Department of Justice, Fesbington, D.C. ° ALPHONSE CAPONE, KENNETHOPHILLIPS, M. D., CONT2PT OF COURT - PERJURY. Dear Sir:- JAN 2A 2924 As you know the above captioned matter was set for e hearing before Federal Judge Jemes H. Wilkerson on the loth instant, which date bad been previously set as a firm trial date in this matter. On the loth instant Federal Judge Filkerson continued the metter indefinitely because of tke crowded condition of his court calerdar, I conferred with Federal Judge Wilkerson on the loth inetant relative this matter and wes advised by him that two important and lengthy civil matters have precedence on his calendar and thet because of thet fect it wes not possible to proceed with the instant matter on the 19th instent. In this connection Federal Judge Wilkerson informed me thet be bas a definite underatanding with the attorneys representing Defendant Capone that the instant case is subject to call on forty-eight hours notice at the first opportunity which may affore itself during the pendency of the two civil matters which have priority on the calender. I have endeavored to keep in touch witk the situation from day to day in order that this office might be on notice as to the . probeble trial dste. My letest advice, obtained this morning, is that \ Judge Wilkerson is now confined to hia bome by {ilness and that it ia extremely doubtful if be will be able to vist his office during the prese:t \ \ week, The Secretary of Judge Wilkerson tells me, even though the Judge 2 \ 4s able to visit bis office during the present week it is a certeinty that he will not attempt to heer any matters whatsoever. <