Direct examaination by Albert Fink:

Fink: Where do you live?
Gutter: The Sherman Hotel.
Fink: What is your business?
Gutter: I'm in the commission business, a broker. I handle sporting events, mostly horses.
Fink: During 1927 did you have any transactions with the defendant, Alphonse Capone?
Gutter: Yes, I laid off bets for him during the Chicago racing season.
Fink: Did he lose sometimes?
Gutter: Most of the time.
Fink: Can you state approximately how much he lost?
Gutter: About $60,000.

Cross-examination by Dwight Green:

Green: How did you remember that he lost $60,000?
Gutter: My ledger showed that at the end of the season.
Green: I thought you didn't keep any books?
Gutter: Well, I kept them from month to month so I could pay my income tax.
Green: Why didn't you keep them permanently?
Gutter: Well, it was an illegitimate business.
Green: Did you pay the defendant in checks or currency when he won?
Gutter: I always paid him in currency, because he requested that. I caned at the Metropole Hotel and paid him if he won or collected if he lost.


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