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an affidavit was obtained from an officer of this same vessel to the effect that Alphonse Capone and his party had sailed aboard his boat fran Miami to Nassau on February 6, 1929, and had returned br the same boat from Nessau on February 12, 1929, end that on both trips Alphonse Capone uppeered to be in perfect health. Affidavits were obtained thet on February 14, 1929, Alphonse Capone had been questioned for tc hours by the County Solicitor for Dade County and an Assistant District At+orney of King's County, New York, in the office of the County Solicitor in the Court House at Miami, Florida, the questions und answers being taken down by a stenographer, and tha* upon this occasion Capone appeared to be in good health. The above affidavits, of course, established “he falsity of several statements in the affidavit presented to obtain e postponement of Capone's appearance before the Grand Jury at Chicago and served to dis prove his contention that he was sick in bed upon certain dates, end was thus too ill to Gppew dau Cuicagt. On Karch 27, 1929, Capone mas cited in the Federal Court et Chicago for Contempt of Court for his failure to respond to the subpoena served upon him in Floridea ordering his appearance before the Federal Grand Jury at Chicago, and on the same date he was arrested and released under $5,0C0 bond. On May 17, 1929, Capone was arrested in Philadelphia und charged with carrying concealed weapons. He ras convicted in the Pennsylvonin Stete Court and sentenced to serve one year in the Eastern State Penitentinry, which sentence he served. at the expiration of this sentence he was erraigned in the Federal Court at Chicago, February 25, 1931, entered o plea of not : \