Direct examination by Dwight Green:
Green: I show you Government's Exhibit 14A which purports to be a money transfer dated July 2nd, 1928, addressed to Mr. Al Capone, Palm Island, Miami Beach, Florida, the sum of $1500, signed Sam Guzik, 301 East 24th Street, telephone Calumet 4100, and ask you if you have seen that before?
Fotre: Yes, sir, I have.
Green: Do you know who wrote, “Mr. Al Capone, Palm Island"?
Fotre: I take it the sender wrote it.
Green: Who was the sender?
Fotre: Sam Guzik.
Ahern: I move to strike out “I take it,” unless he knows.
Green: Do you know who sent that money transfer?
Fotre: No, I do not.
Court: Somebody sent the money?
Fotre: Yes, sir.
Court: And who sent it?
Fotre: I don't know.
Court: Well, did the person whose name appears on there as sender send the money?
Fotre: Not necessarily, Your Honor.
Court: Is there anything on that transfer to indicate where the money came from that you transmitted by wire? You did not send money that somebody did not give you, did you?
Fotre: No, sir, Your Honor, I did not.
Court: What you mean when you say you do not know who the sender was? Is it that you would not now be able to identify the sender, is that it?
Fotre: Well, I could not say whether Sam Guzik himself brought that in or not. That is what
I mean to say.
Court: Is there a Sam Guzik? Do you know who he is?
Fotre: I do not know; no, sir. I don't know him personally.
Court: Somebody brought it in and sent it in his name, is that it?
Fotre: [No answer].
Court: The jury, may retire. We will take a recess until tomorrow morning. You think this over.
[Counsel for Capone later stipulated that the transfers were sent when and where the Government contended.]