Show LOWER CHARGE IS SOUGHT IN SLAYING Ar Arguments I in support of Holding Gustav Gallo alleged sl slayer er of William Civish 72 shoemaker to the district court on a charge of second degree murder instead of a first degree homicide will be submitted submitted sub sub- to the court Sa Saturday urda This was permitted permUted by City Judge N. N H. H Tanner Wednesday followIng following follow follow- ing lug the completion of testimony atthe at atthe atthe the preliminary hearing Dr John J. J final witness witness witness wit wit- ness for the state told of examining the body of Civish at at atthe the mortuary mortuary mortuary ary ary and of finding a contusion near the left temple lacerations about the face and head and four tour perforations perforations of ot the body by two bullets I In th the opinion of Dr Galligan I the bullet hullet which entered the mouth and came out through the skull caused the fatal wound I Following the conclusion of Dr Galligan's test Deputy County Coun Coun- ty Attorney Raymond R. R Brady Brad rested the case for the th state defense counsel Cliff Dalby an and Golden Robbins asked that i If the court held Gallo to the district court court- that the charge be reduced to second degree murder on the the- ground the evidence did not support support support sup sup- port a a. first degree charge S Mr Dalby was granted until Saturday Saturday Saturday Sat Sat- to prepare prepare a brief and make argument Gallo went ent to the shoe shop of Civish under the influence of ot li liquor Ii- Ii quor and struck the latter with a ahammer ahammer hammer Ernest Erest Martinez testified at the to the preliminary hearing of Galho Gallo Gallo Gal Gal- lo ho Tuesday afternoon I Martinez claims to have witnessed witnessed sed the striking of the shoemaker At the time he was struck Civish had a a. shoe In h hs hIs s hand said tho the witness ess |