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— C O JOHN EDGAR HOOVER UU. S. Bureau of Inbestigation Bepartment of Justice Mashington, B.C. January 7, 1933, I.C. #69-180 ALPHONSE CAPCNE CCONTE<PT CF COURT In the early part of 1929, in the United States Court for the Northern District of Illinois, Federal Judge Jemes 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 UNIT=D STATES versus D'AJICO, et al, Conspiracy to Violate the National Prohibition Act. This subpoena was served on Capone February 27, 1929, at his home on Palm Islend, necr Niemi, Florida. On March if, 1929, Capone entered an appearance in the Federal Court at Chicago through his attommeys and petitioned for e postponement of his appearance in response to the subpoena. With his petition for post- ponenent 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 Miemmi, Floride, formerly of Chicago. This affidavit stated that Capone had been ill snd under the doctor's professional care since January 13, 1929, and had thereafter been confined to his bed with broncho-pneumont a for six weeke and had been out of bed only ten days prior to March 5, 1929, and that therefore it would be dangerous to Capone's health for him to answer the | 3