Pueblo chieftain., 1921-12-14

The Bacchanalian brawl which
caused bullet to be fired thru the
body of John Masciotra in the morning
of August 25. and Fl. A. Tabor to at
this time he on trial In the district
court on charge with assault to mur-
Ia years in the state penitentfary, be-
gan in the Ruby rooming house the
evening before, and had it's moonshine
climax load at Weiner Martel's Jockey
Club road house. between the Rose
lawn cemetery gate and the village of
Blende it is said.
The second day Of the trial ended at
8 o'clock last evening when a recess
was taken until 10 this morning.
But one of the members of the
special venire was called to the Jury
box yesterday morning; then the
twelve men in the box were accepted
by both sides and the trial began.
The proprietor of the Jockey Club
was first called to the stand and he
told of taking possession of Taber g
gun which the defense claims he fired
off in the back yard of the club to at
tract attention leading to getting a
doctor for Taber's wife, who later tes-
tilted that drinking "moonshine" whis-
ky in the soft drink parlor.
A later witness called Toncy, spoke
of the room In which tho drinking was
done as the "barroom."
|. Masciotra, the man who was shot,
testified at length and was crossex-
amined quito rigidly. At length he
related the trip to town with the two
women who had become so fully
moonshined' at the road house; with
Taber and the man named Searl. He
said Taber kept abusing the "Dagos"
whom he charged with taking away
his gun at the club, and threatening
TO shoot Taber as soon as they reached
the city. He kept the muzzlc of the
gun pushed an inch into the flesh of
my side every second of the way from
the Roselawn gate until we arrived at
Santa Fe and Hobson avenues, and
then he shot me and l was paralyzed
from tho waist down." He said that
he sat there In the sedan seat behind
the wheel shot in his tracks" he
heard Tabor and the women whisper
ing and heard the word knife clearly
spoken: then the gun and knife were
thrown down on the floor of the sedan
road house at 3:2o in the morning and
he was shot about $3.50.
District Attorney Hughes had Mas
ciotra strip to the waist and hobble
before the jury TO show his wounds.
The entering scar. very plain even at
distance. was about inches below
the arm on the right side: the exit
posite under the left arm. but about
one inch lower OH the body.
He was In the hospital about weeks.
and says he is still partially paralyzed
below the waist line.
DIR. II. SB. Killough testified to the
nature of the wounds.
Col. Rice w. Means, having deferred
his statement to the jury at the OPEN
Ing of the case. proceeded to do 20 at
the close of the states evidence and
before opening that OF the defense. lie
said Tabor had been in the army ser
vice in France, had been several times
wounded and had been gassed. with
the result that he Is now but a ply
sical wreck. whose months OF life had
been numbered by physicians. As in
timated in his questioning or Jurors.
he now made plain that self defense
would be the line OF procedure OF tho
defendants case.
He took tho position that the shot
was not fired by Tabor. but by Joint
action OF the defendant and the chief
prosecuting witness. while Masciotra
was striking back or sidewise at Tabor
who had the gSn in his hand. the blow
discharging the weapon. He said 1t