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Al Capone — Part 26
Page 9
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ne ee oe : . ao
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aeid he did not pay very close attention to the affidavit
when it wos dictated by the lawyer, There is no contention,
hovever, by tue respondent uere thet he cid not understand
the allegations of the affidcvit. He hes not undertaken
to assert any Jack of familiarity with the statements in
tke affidavit, On tho contrary, he adopted it and sent it
to Chicazo to the ettameys to be used for the purpose
indicated, :
Aside from the opinion of the doctor as to what
wes the matter with the respordent, there were certain
avernents of facts in the affidavit which could not heve
not escaped ti.e attention of eny one who had given even 4
slight consideration to the languege cf the effidevit.
There is the positive atatement of fect that the
respondent herd been confined to his bed at his bame for 6
period of six weeks after the 13th of January, ard there is
the positive and direct etutenent that he had been out of
ved uuly Zor ten deve last post.
Now the testimony offered by the respondent consisted
of the evidence of Drs. Phillips and (mens ant of the tro
Turses «
Dr. Phillips’ testimony, of course, must be considered
4n the ligut of the telesram which he sent to Lr. Omens in ,
which he cherecterized the sickness of the respondent as not
serious in its ckerecter. He has given &n exnlanation for
thet, but without saying enythiny, furthor cencerning the
. testimony of Dre Paillips, I think cleurly thet we must decide
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