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Al Capone — Part 26
Page 9
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eid he did not pay very close uttention to the affidavit
when it was dictated by the lawyer, There is no contention,
hovever, by tue respondent uere thet he cié@ not understand
the allegstions of the affidavit. He has not undertaken
to assert any lack of familiarity with the statements in
the affidavit, On tho contrary, he adopted it and sent it
to Chicazo to the cttarmeys to be used for the purpose
indicated. .
Aside from the opinion of the doctor as to what
wes the matter with the respondent, there were certain
averments of facts in the affidavit which could not heve
not escaped tie ettention of eny one who had given even a
slight consideration to the lenguege of the affidevit.
There is the positive statement of fect that the
respondent hn been confincd to his bed et his hame for a
period of six weeks after the 13th of January, ard there is
4 direct etuterent that he had been out of
the positive a
bed uuly Zor ten deve last poste |
Now the testinony offered by the respondent consisted
of the evidence of Drs. Phillips and Ones anc of the tro
nurses.
Dr. Phillips’ testimony, of course, muct be considered
in the light of the telesram which he sent to Lr. Omens in,
which he ckerecterized the sickness of the respondent as not
serious in its ckerecter. He has given en explanation for
thet, but without sey ing enything furthor concerning the
testimony of Pr. Paillips, I think cleurly that we must decide
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