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Show LESSER GIL'.HGE TO BE FILED III IIEFfllEp CASE Woman Accuiedvof Kill-j ing Huiban v Relate Story of BeaVingt Lasting Last-ing Throughout Night ' Judg Pratt (Utad in hi sham- j bar Ihla aftarnaan ibal ha would ditmlM tha aaaa againat Mra. Maff nar. K waa Intimatad that a formal . rdar af diamlaaal waulrf ba antarad pan tha court', raaarda aithar lata thia atfrnn ar tamarraw. Mra. Ida Heftner. who told ho aaV 4rhai-ana.-abat--a4 4iiUaaV W hu.bmnd, Jullua A. HaMnar. at their homa i tha nlht of July M. In City Juda Nol S. Pratra court yeatcrday aftarnoon, will not hava to taoa trial In th dlatrlct court on a. chare of murdar tn tha flrat dacroa, Sha ralcht. howavar, ba haJd ta tha upper court on a leaaer charge. .... . - " That wilt ba determined thia afternoon aft-ernoon when Jude-e Pratt lra hi reaerred decision, wnleh he took under un-der advtaement laat nla-ht after ha had heard evidence at the preliminary prelimi-nary hearloa-. of which con-' con-' ' Tlncad him that tha a hooting waa not premeditated.. . After Asalatant County Attorney w.v a Mrf&rti called three wit- nee.ee. Dr. J. J. Oalllgan, who told of finding bruleea and abraslona on tha defendant' body, alleged to have been Inflicted by Heffner; Detective De-tective 'John Egbert, who with Detective De-tective Bergeent Leeter Wire ar reefed Mre. Heffner following the hooting, and Mlea Margaret Maack. 14 yeara of age. daughter of the de-" de-" fendant. the atata reated. . WIRl FAVORS DEFENSE. , ' Detective Wire, who had been i"l euhpoenaed by the etate. waa not ' called by the aeelstant county at-tomey. at-tomey. but waa a.ked to take the atand by the defenae. He related the reault of an lnveatlgation he lied made In connection with the family affaire of the Heffnera and gave teetlmnny which proved favorable fa-vorable to the defenaa. William Newton, oounael for Mra. Heffner. then called the aceuaed-1 woman to the eland and ahe told net atory. The courtroom, filled loj . the moat part with women, eobbee t through the defendant atory. Heffner. according to Mra Heffner. bad been beetlng her for aeveral deva In addition, he had accueed L her of Improper relatione with a po-Mlee po-Mlee officer, who had been aummoned aum-moned to the Heffner homo to help her aaln admittance to her house, -which had been locked and bolted . amln.t her by Heftner. ! Heffner waa deacrlbed a a man who drank heavily and resorted to the moat brutal forma of physical punishment on the body of hla wife. One Heffner trurk his wife in the face with hla flat and dislocated her Jaw, It waa aaid. BEAT HER ALL NIOMT. On one occasion he beat her until ahe fell exhauated and then admln-latered admln-latered reviving treatment only to resume hla attache after aha had come to. Thia mistreatment continued con-tinued from I o'clock one night until un-til t o'clock the next morning. He dealated only after ha hlmaelf became be-came fatigued and had to go to bed. It waa aaid. JMra. Heffner continued her atory between teara. Aa ah led her hearer hear-er through the event Juat prior to the fatal ehootlng bar voice often failed her and when ahe arrived at that point where ahe pulled the trigger ef tha ahotgun which killed her husband aha hesitated. It waa . mere than a minute before h waa ale to say, "And I must hava hit him." Bha went Into a partial col-lap col-lap and as ahe gathered etrenath X aha sobbed. "I didn't mean to kill him: I only wanted to ace re him; f I dldnt ae him when I pulled the trigger-Judge trigger-Judge Pratt aaid he did not think there waa evidence to enow that Mra Heffner had" deliberately planned to kill her husband and did . not believe that the teatlmony offered of-fered by the atata would Ju.llfy a aeelaion to hold the aceuaed to the district court on a charg of murder In th flret degree. The court then ordered Mra Heff- ner releaae4 evemlarht Into the cus-y cus-y tody of her attorney. He aaid he l erould take under advlaement " whether or not he would hold her for trial on a lesser crime. |