Direct
examaination by Albert Fink:
Fink: Where do you live?
Gutter: The Sherman Hotel.
Fink: What is your business?
Gutter: I'm in
the
commission business, a broker. I handle sporting events, mostly horses.
Fink:
During 1927 did you have any
transactions with the defendant, Alphonse Capone?
Gutter: Yes, I laid off bets for
him during the Chicago racing season.
Fink: Did
he lose sometimes?
Gutter: Most of the
time.
Fink: Can
you state approximately how much he
lost?
Gutter: About $60,000.
Cross-examination
by Dwight Green:
Green: How
did you remember that he lost
$60,000?
Gutter: My
ledger showed that at the end of the season.
Green: I
thought you didn't keep any books?
Gutter:
Well, I kept them from month to month so I could pay my income tax.
Green: Why
didn't you keep them permanently?
Gutter:
Well, it was an illegitimate business.
Green: Did
you pay the defendant in checks or
currency when he won?
Gutter: I always
paid him in currency, because he requested
that. I caned at the Metropole Hotel and paid him if he won or
collected if he
lost.
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