The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1921-01-10
LAYER IN NEW
FREEDOM PLEA:
CLAIM REFUTED
Man Serving Time for Murder
Explains Why He Sought
to Go Home
NJ ASK FINDING UP
Discovery by Children Is Sub.
ject of Affidavits Filed by
State


serving life sentence in the state
penitentiary for the murder OF eight
persons near Turtle Lake on April
22 last, for trial is made in a new
affidavit filed in district court in
Wasiburn. With Layers affidavit
there are filed altidavits of his wife
and others bearing on the case.
Atfidavits for the consideration of
Judge w. l.. Nuessle, of district court,
also are filed by the states attorney.
These attidavits particularly attack
the story told of the finding Of masks
on the farm on which Jacob Wolf, six
other members of his family and a
chorc boy were killed.
Stress was laid by attorneys for
Layer on the finding of these masks
on the farm by children Of Emanuel
Hofer, who Is in charge Of the es-
tate. Both had been made from un-
derwear One of them was blackened
and slits had been cut In it so that
the person using it could see The
ether was of similar shape, but there
were no holes in it. 1t was claimed
the children also found an empty
shotgun shell.
Sherih's Views
Sheriff Stetferud, Of Mclean cOun.
ty, said that the whole farm had
been searched by many people at the
time Of the discovery OF the murder,
and that the little girl, Martha Hof-
er, when asked to show the place
where She had found the masks, led
him and other members of the
family to an entirely different place
tran first pointed out by her. The
sheriff expresses the conviction that
these so-called masks or the cap
could not have been in that location
on the day following the discovery OF
the murder and not be discovered"
The states atlantis are Matthias
kiemele, who said he had fixed
fence within few feet of where the
children are supposed to have found
the masks and dusting cap, and
that he had been on the farm fire.
quently, and had noticed nothing Of
the kind; Edward Hoter, 14-year-old
boy, Emanuel Hofer and Sheriff
Stetferud.
What Boy Says
Edward Hofer states that he
found one OF the masks five or six
days before his father saw the two
smaller boys playing with the masks;
that the mask which he found was
the blacker one of the two without
the holes cut into it, that he gave no
thought to it until later he heard his
father say that it might be mask
and that he is positive that it was
after he found this mask in the pas
ture that the two smaller boys were
seen playing with this mask and an
other one; that he also Is positive
that it was after he found this mask
in the pasture that the little girl
found the cap referred to by his faith
er in his affidavit.
Magdalena H0fer, making AZ affi-
davit for Layers attorneys, says
that it was while she was away from
home that the children found the
masks and that her younger son
showed her the clump Of bushes in
which he said he found them. John
Hofer says that it was about No
vcmber rs that his little daughter,
Martha, about years old, came run.
ming up to him, holding In her hand
a IL guagc block shotgun shell and
a womans dusting cap. She had
found them in the Clump Of bushes,
she said. Two days later, he says,
he saw the children playing with the
masks and he learned tney were
found in the same place as the dust
ing cap and shell.
Layers Explanation
Layer attempts to explain one OF
the states most vigorously pressed
points against his claim that he con-
fessed to the murder after being beat
en- and that lie was threatened with
mob violence. After he was sentcnc
ed he asked the Judge to permit him
to visit home. He now says that he
did this because he felt that if he
could get back among his friends he
would be safe.
HARDING VOTE