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oe C ) an affidavit was obtained from en officer of this same vessel to the effect thet Alphonse Capone and his perty hai sailed aboard his boat fram Miami to Nassau on February 8, 1929, and had returned by the same boat from Nasseu on February 12, 1929, and thet on both trips Alphonse Capone eppeared to be in perfect health. Affidavits were obtained thet on February 14, 1929, Alphonse Capone had been questioned fo> to hours by the County Solicitor for Dade County and an Assistant District attorney of King's County, New York, in the office of the County Solicitor in the Court House at Miami, Florida, the questions and answers being taken dorm by e stenographer, end that upon this occasion Cepone appeared to be in good heelth. The above effidevite, of course, esteblished the falsity of several statements in the affidavit presented to obtain uw postponement of Capone's appearance before the Grand Jury a*% Chicago and served to disprove his contention that he was sick in bed upon certain dates, end was thus too 411 to appear in Unicapo. On Harch 27, 1929, Capone vas cited in the Federal Court at Chicago for Contempt of Court for his failure to respond to the subpoena served upon him tn Florida ordering his appearance before the Federal Grand Jury at Chicago, and on the same date he was arrested end released under $5,000 bond. On May 17, 1929, Capone was arrested in Philadelphis and charged with carrying concealed weapons. He ras convicted in the Pennsylvania Stete Court and sentenced to serve one year in the Eastern State Penitentinry, which sentence he served. At the expiration of this sentence he was erzeigned in the Federal Court at Chicago, February 25, 1931, entered o plea of not 5