Direct examination by Jacob
Grossman:
Grossman:
Who were
the managers of the place?
Shumway: Mr. Penovich and Mr. Pope.
Grossman: And just
what kind of a place was that gambling establishment, what did they
have there? Shumway: Well, they
had the horses, and all kinds of gambling games, a wheel, craps,
“21”, bird cage.
Grossman: Was it a
pretty complete gambling establishment?
Shumway: Why, yes,
it, I should say so.
Grossman: What were
your duties at that place?
Shumway: I was figuring sheets.
Grossman: Sheets on what?
Shumway: The horses.
Fink: You were what?
Grossman: He figured the sheets on horses.
Shumway: Figured the sheets on the bets.
Grossman: Well, did you do anything other than figure sheets
before you became a cashier?
Shumway: Yes, sir, I used to help Mr. Penovich figure up.
Grossman: Figure?
Shumway: Figure up the day's business.
Grossman: Tell us what that consisted of.
Shumway: Well, that was held on one sheet....
[Grossman
picks up the 34-page ledger discovered by agent Frank Wilson and asks a
series of questions about the entries on a number of pages.]
Grossman: I notice at
the top left hand corner of each page, for instance, on page 12,
“bank,”
$12,000.” What does that mean?
Shumway: That was
the bank roll that we started with.
Grossman: Started at
the beginning of the month?
Shumway: Yes, sir.
Grossman: In other
words that was the capital of the business?
Shumway: Yes, sir.
Grossman: Now you
stated a little while ago that Mr. Pope and Mr. Penovich were the
managers? Shumway: Yes, sir.
Grossman: They were
sort of bosses right over you?
Shumway: Yes, sir.
Grossman: Who was the
boss over them?
Fink: If there was one.
Grossman: If there was one.
Fink: And he knows. That is really a conclusion, if Your Honor
please.
Judge: It may or may not be. It may be a fact if he knows.
Fink: My point is this: There may have been things done and said from
which he would draw one conclusion and Your Honor would draw another.
Judge: You have the right to cross-examine him on that. I say
that is a fact as the question is put.
Judge (to
witness):
Do you know who the owner of the place was?
Shumway: Not
definitely...Well, from hearsay, or what I was told.
[The Court
sustains the defense objection.]
Grossman: Now, did
you at any time see the defendant, Alphonse Capone, in that
establishment? Shumway:
Yes, sir, I have seen him in there.
Grossman: Where did
you
see him?
Shumway: Well, it
would be in the office, because I would never be anywhere
else.
Grossman: Did you see
Al make any bets in that establishment on horses?
Shumway: No., sir.
Grossman: Do you know
whether he ever made any bets there?
Shumway: Well, he
has made some over the wire, but he didn't make any in the
establishment.
Grossman: Did you
ever see Al Capone's name on the wire record as having made bets over
the wire?
Shumway: Yes, sir.
Grossman: Now, where
did the place move from, how many did you operate in, do you remember? Shumway: Yes,
I
say five or six. I don't know.
Grossman: Right in
the immediate neighborhood there, is right?
Shumway: Yes, all
around within a couple
of blocks.
Grossman: Well, where
was the money kept?
Shumway: The money
was kept in a big safe in a nearby vacant
building....
Grossman: Was there
any question about it?
Shumway: Yes, I had
a conversation with Frankie Pope.
Grossman: All right,
tell us what it was?
Shumway: I told
Frankie I didn't like the idea of going down
there with the guard because if anything happened, why I would be the
henchman
that was right in the middle. And I asked him to get someone else to
take it
down.
Grossman: And then
what happened?
Shumway: Well, he
said, “Oh it is all right, then go ahead without the
guards.”
Grossman: Did you any
time after that have any conversation with Al Capone about carrying
money over
there?
Shumway: It was
some time later that Al asked me what I would do if I got stuck
up, and I told him, I says, “I would just let them take it,” and he
says, “That
is right.”
Grossman: He said,
“That is right"?
Shumway: Yes,
sir.... |
