|
March
13, 1929.
In re: Al Capone.
The
Attorney General,
Washington,
D.C.
Sir:
Attention: Mrs.
Mabel Walker Willebrandt
I have the honor
to enclose copy of an affidavit presented to Judge Wilkerson of this
district
on March 12, 1929, wherein it is alleged by one Doctor Kenneth Phillips
that Al
Capone was confined to his bed on account of illness for a period of
six weeks
subsequent to January 13, 1929, at his home in Miami Beach, Florida.
It is the opinion
of this office that this affidavit is false. If
it can be proven to be false it seems to be that
both the doctor, who
executed the affidavit, and Al Capone, who was instrumental in having
it
presented to Judge Wilkerson for the purpose of obtaining a continuance
of his
response to a grand jury subpoena, can be punished for contempt of
court. Mr. A. P. Madden of the
Intelligence Unit
here in Chicago was requested to inquire into the truth of this
affidavit, but
reported today that it is not within the scope of his authority to do
so. He suggested, however, that the matter
be
taken up with you personally and you probably could arrange to have the
matter
investigated at once. If evidence could
be obtained from persons in Miami Beach, Florida, to the effect that Al
Capone
was not in bed during the six weeks in question, this office is
desirous of
availing itself of *** evidence for the purpose of instituting contempt
proceedings against Al Capone, as well as Doctor Kenneth Phillips, and
having
them properly punished. If this is to be
done it should be done immediately. I
shall be pleased to have you consider the matter at once.
Very
respectfully,
George
E.Q. Johnson,
United
States Attorney.
Affidavit
of
Dr. Kenneth Phillips
STATE
OF FLORIDA,
)
DADE
COUNTY,
)
CITY
OF MIAMI.
)
Before the
subscriber, a United States Commissioner is and for the Southern
District of
Florida, residing in the City of Miami, in said district, personally
appeared
DOCTOR KENNETH PHILLIPS, who being by me first sworn in the form of the
law,
says that he is a resident of the City of Miami, in Dade County,
Florida, where
his is engaged in the practice of medicine and surgery; that he is a
graduate
of Hush Medical College, Chicago, Illinois, and is a member of the Dade
County
Medical Society, and a fellow of the American Medical Association, and
is duly
licensed to practice medicine and surgery by the Board of Medical
Examiners of
the State of Florida; that he has been actively and continuously
engaged in the
practice of medicine and surgery in the City of Miami, Dade County,
Florida,
for the past eighteen months and that he was actively and continuously
engaged
in the practice of medicine and surgery in the City of Chicago, Cook
County,
State of Illinois, for four years before beginning of practice of
medicine and
surgery in the City of Miami; that he is personally acquainted with
ALPHONSE CAPONE,
who has a winter home on Palm Island, in Miami Beach, Dade County,
Florida, and
has been professionally attending the said Capone continuously since
January 13th,
and that the said Capone is now under professional treatment by the
affiant;
that since January 13, 1929, said Alphonse Capone has been suffering
with
bronchopneumonia pleuriacy with effusion of fluid into the chest
cavity, and
for six weeks was confined to his bed at his home on said Palm Island,
and has
not been out of bed only for ten days last past, but has not fully
recovered
from said disease; that, in the professional opinion of affiant, the
said
Capone’s physical condition is such at this time that it would be
dangerous for
him to leave the mild climate of southern Florida and go to the City of
Chicago, State of Illinois, and that to do so would, in the
professional
opinion of affiant, imperil the safety of the said Capone, and that
there would
be a very grave risk of collapse which might result in his death from a
recurrent pneumonia; that affiant strongly advises against the said
Alphonse
Capone being required to go at this time from Dade County, Florida, to
the City
of Chicago; that in the professional opinion of affiant, the said
Alphonse
Capone will, in from thirty to forty days from this date, be so far
recovered
that it would not then be inconsistent with his personal safety to go
to the
City of Chicago; that the opinion expressed by affiant in this
affidavit are
concurred in by three professional consultants of the City of Miami,
Florida,
namely: Doctor F. A. Gowdy, a surgeon; Doctor E. B. Maxwell, an
internal
medicine man; and Doctor Earl Pearson, an X-ray specialist, all of whom
may be
reached by addressing them at #120 Shoreland Arcade, in the City of
Miami, Dade
County, Florida; that the affiant is not related by blood or marriage
to the
said Alphonse Capone, and has no business connection with him whatever,
other
than that of physician and surgeon.
(signed)
KENNETH PHILLIPS M. D.
Sworn
to and subscribed before me this 5th day of
March, A.D. 1929
|
