The Waterbury Democrat., 1934-10-10

gun, that other witnesses for the state as we'll as Colasanto said was used for protectionary pur- poses.
 He testified on questioning by Thomas R. Fitzsimmons, counsel for the accused, that he saw no one struck with 8 milk bottle or a crockery pitcher. Colasanto testi- fled that Spallone was struck with these articles in the course of the beating administered by the broth- CTS.
 He added that Frank Salinardi promised to give the gun back to Colasanto in two or three days and that the latter replied, 70. K." and walked out.
 Clerk George H. Freeman of the superior court took the stand to recite from the court records that Frank Salinardi was sentenced to three months in jail and fined $200 by Judge Edwin c. Dickenson June 9th but that the fine was remitted later.
 Chester Mitchell who was on the stand for 8 lengthy testimony yes- terday as a defense witness was subjected to a rigid cross examina- ton this morning by States Attor- ney Lawrence l.. Lewis. He re- iterated he saw no blood on Spal- lone or the Salinardi brothers aft CT the fight. lie said Spallone's eye was cut. He repeated that he saw Spallone trying to kick John Sali- nardi, when Frank and Tom Cola santo were engaged in exchanging the gun. He said he called a cab to take Spallone away from the tav- ern. He stated further that Cola santo did not protect Spallone with the gun.
 Visited Lawyer
 Mitchell admitted he went to At. torney Fitzsimmons' room at the Elton after court adjournment yes- terday afternoon and remained 20 minutes. Frank and John Salinardi were present. He was certain there was no blood on Franks clothes the night in the tavern.
 tCrap'' Game Mentioned.
 Yesterday afternoons session was made lively by testimony of several witnesses to "crap" game in Brooklyn in which the name of Spallone entered. Salvatore Appicel. II said on one occasion he broke the ''house" bank when he won $1 800 and an emergency call had to be sent out for more funds. He said he often saw large piles of money on the pool table upon which the game was played. Appicelli ad- mitted under cross examination that he has police record.
 Joseph Mecca also testified to the crap game stating he once won $38. He admitted he went to Spailone at the time the Salinardi brothers were bound over to su- perior court and tried to reason with him to negotiate a peaceful settlement of their difficulties. He said if the peaceful arrangement were not made, it probably would result in one of the brothers go- ing "gunning' after Spallone. He said on cross examination he did not believe his conference with Spallone could be construed as intimidation.
 Witnessed Fight. Chester Mitchell whose name name frequently came into the trial during the states presentation of witnesses took the stand as defense. witness. He said he witnessed part of the scrap in the Iavecchio Tav- ern last Aug. S1. He did not see the Salinardi brothers attack Spal- lone, but did see Thomas Colasanto threatening the brothers with. a gun, he said. He said ho overheard the conversation about money in which Spallone said he would try to pay $10 or $15 weekly to Frank Salinardi until $500 was paid. Mlt- chell said further he heard spal- lone say he was sorry he had framed" Frank Salinardi earlier in the spring when Frank was sen- fenced to Jail for three months. Mitchell. 10, high school graduate said he formerly was beer sales. man for Mecca.