The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1920-11-27
LAYERS EFFORT
TO CHANGE PLEA
IN COURT HERE
Finding of Bloody Cap on Wolf
Farm Is Brought Up by
Attorneys
LAYER MOTION RESISTED
Guards at Penitentiary Declare
There We're No Marks
on His Body

The discovery of package con
tanning a woman's dust cap on which
there was blood, one real mask and {
piece of material which might have
been used as mask, bound in OF
cloth and resting under a piece O.
card board was advanced today by
Attorney Kelly, of Kelly and Morris
Of Darlington, as having an import
ant bearing on the discussions as tt
whether Henry Layer shall be allowed
TO withdraw his plea of guilty to the
murder of Mr.. and Mrs. Jacob VOL
and six others near Turtle Lake an(
have "a trial.
The package, Mr.. Kelly said he was
informed, was found by little girl
who now lives on the Wolf farm. Il
was presented during his presentation
to Judge Nuessle in district court to-
day Of motion on behalf Of Layer
for new trial.
"This might be evidence that Layei
had some help and that it was a wo
man who helped him." said MI
Kelly.
Resist the Motion
States Attorney John Williams, OIL
Mclean county, who, with Attorney.
General LANCER, resisted the motion
of Layer, said that there was ques-
ton as to whether or not the pack
age was found. He said that when he
heard of the matter he investigated
and that he got possession Of a wo-
mans cap, bloody inside; that one OF
the so-called masks was a piece OF
underclothing which was saturated
with stove-blackening-
The little girl he said, played with
the cap for few days before the par
ents noticed and asked where she
found it, -fe..
'It is strange itwasn't found be-
FORE" said Williams.
Hundreds of people searched over
every foot of the Wolf farm after the
murder. 1T is said that a real mask
also was found. The package was
said to have been wrapped in oil
cloth but this was wrinkled, and did
not have the appearance as having
been wrapped around anything"
He said the little girl said she
found the package in some brush.
Layers Affidavit
The affidavits on which Mr.. Kelly
based his plea for a new trial were
made by Layer himself to the effect
that he was told he must confess or
that mob on the outside of the
Washburn Jail would get him and that
he was questioned and beaten.
Myrle Cook, prison barber, said he
shaved Layer the day after he arrived
in the penitentiary and noticed that
he appeared badly beaten up on both
sides of the face. DR.. c. E. Stack
house said in an affidavit he found
LAYER in normal condition on Nov. Is
and that he had two bruises, one over
\ each cheek.
Counter-affidavits by NJ Tellefspn,
clerk of the Mclean county (court;
John E. Williams, states attorney;
former warden of the prison, Charles
Mcdonald; Felix Smith, dog-trainer
at the prison; Richard Wildes, guard
at the prison, Sheriff Stefferud of Nc
Lean county, Chief of Police Maritime
son of Bismarck, and Emil Haas, VINO
roomed at the Washburn jail. Sail
ent points in them were:
Wanted to Go Home
That Layer asked Judge
Nuessle for permission to go to
his home after he was sentenced,
showing he did not fear mob vlo-
lence.
That he was examined at the
prisonn and had no marks on him.
That he appeared nervous Gbe-
fore he confessed but that he ap-
peared calm afterward and i'm
mediately went to sleep.
That he made his statement OF
the crime to State1 Attorney Will
lams before Williams saw the
signed confession.
During the preliminary discussion
Judge Nuessle remarked that he had
been told, though it was, only hearsay,
that Layer, while suffering from
carbuncle in the prison hospital, said
that "it was punishment visited on
him for his crime The Judge said
;Continued on Page Three