The bookkeeper refered to will also testify that during the year 1924, Al Capone, Jack Guzik, Frank Nitto, Ralph Capone, Louis Alterie, Dion O'Banion, Louis La Cava, and Johnny Torrio, came to this gambling establishment and the operating manager requested the bookkeeper to step out, inasmuch as these men desired to discuss some confidential matters relating to the business. The bookkeeper will also testify that Al Capone was very frequently in the place and conversed with the two operating managers of the business, and on one occasion he heard Al Capone suggest to them that certain people be employed. On one occasion, Al Capone asked him what he, the bookkeeper, would do if he were held up some time on his way to the bank with the profits of the business, and he replied that he would do nothing, simply let them take the money. Al Capone answered that that would be the correct thing to do. On the occasion of a raid on Derby Day, May 17, 1925 which will be mentioned more fully later, Al Capone directed this bookkeeper to get the funds which were in the safe, which consisted of a rather large amount of money, the exact amount not determinable, and remove them from the place that was being raided
On the occasion of a raid which followed the murder of States' Attorney McSwiggan in 1926, this bookkeeper, at the direction of one of the operating managers of the business, removed some $84,000 from the safe of the gambling establishment and in company with this operating manager met Louis La Cave, Jack Guzik and Frank Nitto at the Atlantic Hotel and paid the money over to Louis La Cava. Just about two weeks prior to this payment, Al Capone and Louis La Cave had opened a Joint safe deposit vault which neither could open except in the presence of the other. This safe deposit vault was visited occasionally for a short time both before and after this payment by Al Capone, and Louis La Cava.
On Derby Day, May 17, 1925, this gambling establishment was raided by a posse of deputy sheriffs under the leadership of a minister and a group of other citizens constituting a citizen's welfare organization from the western part of Chicago. Then this raid had first started, Al Capone appeared on the scene unshaved, with his clothes drawn on hastily over his pajamas, and tried to secure admission. He was intercepted at the door and then made the statement that he was the owner
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