The Waterbury Democrat., 1934-10-04

William Spallone, victim Of the beating at the hands of the salin- ardi brothers who are on trial in superior court on charges of as. sault, admitted under cross ex- animation today that he attempt- ed to have prosecution authorities in Waterbury throw the case out of court last spring when Frank Salinardi was being arraigned in city court for punching Spall6ne in front of the latter's pool-roon1. It was because of this attack that Frank Salinardi was sentenced to jail for three months.
 It is the states contention in the trial now in progress that it was Franks attack upon Spallone with the subsequent sentencing of the accused. that caused the bad blood between them and brought on the beating of Spallone on Aug. 31, this year, at the hands of Frank and his brother, John.
 Asked Summa
 Under examination by Attorney Thomas R. Fitzsimmons. counsel for the accused, Spallone said he called Prosecuting Attorney Charles R. Summa of the city court and asked him to throw out the case against Frank Salinardi. He said this was done at request of his wife who did not want any fur ther trouble.
 Frank was bound over to su- perior court as result of that att tack and later was sentenced to serve three months in the county jail. It was after his release that he and his brother, John. went to the restaurant on Aug. 31, and ad- ministered the beating upon Spai- lone for which the two brothers are now on tria..
 Spallone Admits
 Spallone added that he requested MT Summa to place Salinardi on probation if the case could not be thrown out of court.
 He denied he said he was sorry he sent Frank to jail by his testi- mony or that he agreed to reim- purse Frank for the money spent by Frank in hiring counsel to de- fend him.
 MT Fitzsimmons had brought the witness to the time just pre- ceding the attack. Spallone said he went to the Joe Lanecchio Tav- ern last August at request of Thomas Colasanto who was aet- ing in the role of peace maker. Frank and John were present and all shook hands.
 It WAS at this point that MT Fitz- simmons started his questioning the witness about the tavern cons versa ton. He denied he told any, body that he was sorry he had to name Frank Salinardi as his as- sailant in the pool room fight.
 Describes Attack
 He went into detail about the pool room incident. He was the owner of the pool room at the time. A message came to him that he was wanted outside. When he arrived on the sidewalk. two men grabbed him and held him while Frank Salinardi stepped from a car and punched him in the face, he said.
 He admitted that friend of his. Rocca Cappozzi, left the pool room after Spallone and when he saw Spallone being attacked he swung . pool cue he was carrying. break ing 1t over one of the heads of the men who were holding Spallone.
 SpalIone said he named Frank Salinardi because he was the only one he recognized in the darkness of the evening.
 Shakedown Alleged
 Going back to the incident of Aug 31. when he was beaten by both brothers in the tavern of Jo- Lavecchio, Spallone said Frank and Thomas Colasanto left the room to go outside, John, who re- mained, told Spallone he ought to pay the money" to avoid further trouble.
 Spallone said he was ignorant up to thts time that Frank was after money. Spallone said he construed Franks later demand for $500, as a shakedown and that he would not be shaken down for a nickel. He said Frank told him he had to spend that much money for lawyers and other necessities at the time of his arraignment in city court. Spallone testified Frank said he was not including in thu $500 demand the money he might have made had he not been in jail.
 "A Racket"
 Spallone said this was "extortion, blackmail or shake.down." He was asked by Mir Fitzsimmons fine considered thar racket.
 What do you mean, racket" queried Spallone.
 unfortunately, you are on the witness stand and I am asking the questions" MT Fitzsimmons par ried.
 Spallone said he might call 1t racket. He added that Frank told him he was letting Spallone off light with the $500 demand. He said Frank stated T had done him wrong."
 Spallone said he told Frank ''if you go around way-laying people and the court sends you to jail that's your fault, not mine."
 He denied he discussed paying any money at all. He admitted he conducted a crap game for awhile and that he had taken part in era? games.
 He denied however that he told Frank that ''buiness is not so good now" or that he agreed to pay Frank $15 weekly until business picked up and the entire amount paid.
 Judge John Rufus Booth and jury are hearing the case which be- gan Tuesday. States Attorney Law. renee L. Lewis is prosecuting the case for the state. It is expected the case will last until well into tho middle of next week.
 Only three witnesses in addition to Spallone, have testified so far.