The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1920-08-09
JUDGE is HELD
ENTIRELY FAIR
IN LAYER CASE
Nuessle Gave Man Who Admit
ted Turtle Lake Murders
Fair Trial, Lawyer Says,
NEW THEORY is ADVANCED
Murders Committed at Differ
ent Times, Possibly by Two
! Men, Is Suggestion

Reports that political enemies OF
Judge w. L. Nuessle, of district court,
were stirring agitation in behalf Of
Henry Layer, serving life term sen.
tence in the state penitentiary for
effort to get the jurist, were given
a blow today by James Morris, of the
firm of Kelly and Morris, Of Caring
ton, retained by Layers relatives and
friends to seek new trial for him.
"An examination of the records in
the case and investigation shows that
Judge Nuessle discharged his func
tions as Judge in the case fairly and
according to law said Mr.. Morris.
Judge Nuessle's actions in the case
are beyond reprOach and his treat
ment of Layer was entirely fair, it
appears from my investigation"
Mr.. Morris came to Bismarck after
spending some time at Turtle Lake,
going over the records, the scene OF
the horrible crime in which the fam
lily of Jacob Wolf, except for baby,
was wiped out and chore boy kill
ed. He talked to Layer in the state
penitentiary here yesterday.
States No Conclusions
Having not completed his investi-
cations, Mr.. Morris would state no
conclusions in the matter. He said
the relatives and friends Of Layer
who retained his firm to act in the
case said that they wanted to clear
a doubt existing in their minds and
OF many other people that Layer was
guilty. His firm is interested only
in getting at the absolute truth in
the case, he added
If motion for new trial is filed
If probably will be filed at Wash
burn in district court, where Layer
was sentenced. There is believed to
he no similar case in North Dakota
judicial history in which a man sen
fenced to life Imprisonment for MUIR
der. asked a new trial after beginning
his sentence, but there are said to
be precedents in other states, Mr..
Morris said that he was not IN
position Just now to state what ac-
ton might be taken. The basis for
a plea for a new trial probably would
be on the grounds of newly discover
ed evidence.
we have Layers present story,
the story of other people and the cir
cumstances in the case to consider,
as against the confession and the
story Of the officer" said Mr. NOR
,is, "The two stories are opposite.
Describes Convict
"Mr. Layer says that he made the
confession under duress, ,and that ne
rleaded guilty and accepted his SEN
tence because he feared further III
treatment at the hands OF the OF
ficers. In prison saw him for the
first time, and found him apparent
" a mild-mannered farmer with
nothing of the criminal in his appear
ance."
One of the claims that Layer now
makes is that he was taken at one
time quickly from his cell anu
rushed by a rear stairway INTO
room in the courthouse by offlcers
who said a mob was after him. ne
represents that he feared for his
life and believed the only safe place
would be in prison. He claims to
have been given the third degree
in the Washburn jail.
The theory now taken by the
friends of Layer is that two people
committed the horrible crime. Flr'
ing was heard by neighbors at apout
A. m. and IL noon on April ~,
thev saw. Wolf it is claimed, was
in the fields during the morning with
one daughter and the chore boy HUI
er.
New Theory in Case
According to the new theory the
fiendish murderer killed five people
about q a. m, and waited until the
three others came in from the flelds
at high noon and killed them. Inc
theory is advanced that there may
have been two people who commltteo
the crime on the basis for this the
ory being that all of the people were
killed with double-barrel shotgun
charges, and that one man would
have had to reload the gun severai
times, Wolf was shot twice
The new theory also brings in the
question OF motive Layer, in his
confession, said that the trouble
arose over VOLTS dog attacking q
COW of Layers. Mr. Morris says this
trouble occurred last October and that
the COW could not have been badly
injured because it was sold the otnef
day for good price.
Officers Deny "Third Degree"
If the murderers were committed
by one or two men who killed five
people at one time and then waited
for thee others, the immediate cause,
it is said, was not quarrel, and the
criminal must nave premeditated the
act and planned it long before.
On the other hand, officers in the
case declare that certain details OF
the crime were not established until
after Layer had told them in his
confession, and that the subsequent-
ly were verified. This fact alone,
they claim shows that Layer was the
criminal. They also Indignantly de-
~, thot tho athird 6aprpeo was used.