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~ » oe ~ 7 reer JOHN EDGAR HOOVER ¢ . 2 . . ‘ , HU. S. Bureau of Inérstigation 7 Bepartment of Justice Bashington, B.C. January 7, 1933. I.C. #69-180 _ «4 ALPHCHSE CAPONE CONTH-PT CF COURT In the early part of 192%, in the United States Court for the Northern District of Illinois, Federal Judge James H. Wilkerson issued a subpoena for the eppearence of Alphonse Capone before the Federal Grand Jury at Chicago on March 12, 1929, tc testify in the case entitled UNITED STATES versus D'avICO, et el, Conspiracy to Violate the Natimal Prohibition Act. This subpoene was served on Capon= February 27, 1929, at his home on Palm Island, neer Binni, Florida. On March 11, 1929, Capone entered an appearance in the Federel Court at Chicago through his attomeys and petitioned for ® postponement of his appearance in response to the subpoena. With his petition for post- ponenent he submitted to the Court an affidevit executed March 5, 1929, at Miami, Florids, before John F. Spitler, United States Commissioner, for the Southern District of Florida, by s precticing physician of Miemi, Florida, formerly of Chicago. This affidavit stated that Capone had been ill and under the doctor's professional care since January 13, 1929, and had thereafter been confined to his bed with broncho-pneumonia for six weeks 4 L 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 7 C9 - 150 76