CLAIM DEVINE SHOT SPOUSE DURING FIGHTALBANY, 'Dec. 10.—Defense of Albert Devine, beld for the hammer murder of his wife will probably be that she was shot by a revolver during a struggle with him for its possession, it was indicated today by his attorney.As a result the district attorney will undoubtedly order a new autopsy on the body of Mrs. Devine, the first resulting in ajfinding that death was caused by *a fractured)skull. !♦According to the statement of j Devine issued through his attorney, his mind was somewhat *'va-guc,T after the woman’s death and that he thoucht of giving himself up to the police or committing suicide. He did neither, however,