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owe \ JOHN EDGAR HOOVER © Q 7 UW. S. Bureau of Intestigation Bepartment of Justice Bashington, B.C. January 7, 1933, I.C. #69-180 ALPHCNSE CAPCNE 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 issued a subpoena for the appearance of Alphonse Capone before the Federal Grend Jury at Chicago on March 12, 1929, to testify in the case entitled UNITED STATES versus D'AMICO, et al, Conspiracy t Violate the Natioal Prohibition Act. This subpoene was served on Capone February 27, 1929, at his home on Palm Island, near Miami, Floride. On March 11, 1929, Capone entered an appearance in the Federal Court at Chicago through his attomeys and petitioned for # postponement of his appearance in response to the subpoena. With his petition for post- ponement he submitted to the Court an affidavit executed March 5, 1929, at Miami, Florida, before John F. Spitler, United States Cormissioner, for the . Southern District of Florida, by a practicing physician of Miemi, Florida, formerly of Chicago. This affidavit stated that Capone had been i11 and under the doctor's professional care since January 13, 1929, and had y thereafter been confined to his bed with broncho-pneumonia for six weeks { and had been out of bed only ten days prior to March 5, 1929, end that therefore it would be dangerous to Capone's health for him to answer the . NOL RECURRED 69-160 ene ee ne RN RT er ST ne i me a p ra