The net profits established from this business for 1924 by the gambling book record, Exhibit No. 5, and by testimony of Mr. Shumway, was $300,250.94 and 41% of this amount or $123,102.89 was the net income of Al Capone from that source for that year. This amount was the net income set forth in the indictment covering the year 1924. No evidence was submitted by the defense to refute this income from the gambling business but the defense did produce witnesses to testify that the taxpayer suffered greet losses through bets on horse races with bookmakers at Chicago, Illinois, and Miami, Florida. These witnesses were called by Capone to his headquarters in the Lexington Hotel the night before they testified and their evidence consisted of oral testimony entirely unsupported by records of any nature. After the trial was over the court publicly charged that those witnesses were forced by Capone to give perjured testimony. This statement was made in open court by Federal Judge Wilkerson on October 27, 1931, when he sentenced Phillip D'Andrea, a bodyguard of Capone, to six months in the county jail for contempt of court committed during the Capone trial. The contempt case was developed by us during the trial from confidential information furnished on October 10, 1931 to Mr. Elmer L. Irey, Chief of the Intelligence Unit, that D'Andrea, the bodyguard who accompanied Capone to court each day, sitting at the counsel table with him, was carrying a loaded revolver into the court room in defiance of the order of the court that no one should carry fire arms into the court room. Mr. Irey conveyed this information to me during a court recess and I immediately took D'Andrea to the chambers of the Judge. Special Agents Sullivan, Malone and I found concealed on his person a loaded thirty-eight positive police Colt revolver and an extra round of ammunition. When the gun was taken from D'Andrea, I asked him why he carried it and he replied that he had authority to do so as he was a deputy municipal court bailiff of Chicago. I then took from him a bailiff's badge and appointment card. Upon investigation it was established that D'Andrea had not been employed in that capacity for several years and had no permit or justification for carrying the revolver. The matter was referred to the court. The judge held him for contempt of court remanding him to the custody of the United States Marshal without bail. He pleaded guilty and was sentenced on October 27th to six months in the Cook County Jail. In imposing the sentence the court referred to the perjured testimony of the defense witnesses in the Capone case stating as follows:
"THE COURT: The respondent here is charged with contempt of court. The specific act upon which the proceeding is based was that of coming before the court in company with the defendant in the case of United States vs. Capone with a revolver and ammunition in his pocket.
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