of the place, whereupon he was admitted. This statement was repeated before two reliable witnesses. On coming into the establishment where the raid was in progress, he turned to the minister and muttered a threat to the affect "This is the last raid you'll ever pull on me." He went over to the till and started stuffing money into his pockets and designated a certain employee there to take charge of the other money on hand. He also said, "What are you fellows always picking on me?" He then left and sometime later came back shaved, fully dressed, and in a pleasant humour. He asked the minister to step to one side and then said to him, "Can't we get together? If you'll let me alone here I'll withdraw from Stickney." (Stickney is a suburb where a house of prostitution had been operating and had been raided by the same organization. ) The minister indicated to him that he would not be able to get together on that basis. See Exhibit ). While the gambling apparatus was being removed, one of the managers of the place asked the officers if they couldn't take one or two small pieces as evidence and leave the rest. The minister said that could not be done. Al Capone then spoke up, and, pointing to a rather large and valuable piece of gambling paraphernalia, said, "Don't take that one, that belongs to me".
In the year 1927 a cashier's check in the amount of $2500 from he profits of the gambling establlstment at that time bears the endorsement of A1 Capone. (A1 Capone is the Second endorser on this check; the check made payable to J.C. Dunbar, who was cashier of the establishment and whose name appears as the first endorsement.) See Exhibit. I.
Various employees will testify that Al Capone was at the gambling establishment on different occasions throughout the years of its operation and when frequented the private office and private wire room where customers and employees were not allowed to go.
In he year 1924, the gambling profits were $350,250,95(See Exhibit A). Much conflicting testimony was given regarding the split for this year. See Exhibit B,C,D. However, in preparing the case for criminal prosecution, the Assistant United States Attorney handling the case requested internal revenue agents who were cooperating with them to investigate the statement of P. Penovich, Jr. to the effect that the distribution for the year 1924 was as follows:
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