Johnson's letter, and his enclosed affidavit, indicates that Capone might committed perjury
Mugshot of Alphonse Capone following his 1930 arrest on charges of tax evasion
March 13, 1929.
In re: Al Capone.
The Attorney General,
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.
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