The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1921-01-29
LAYER PETITION
FOR new DAY IN
COURT REFUSED
Judge Nuessle Finds Nothing in
Petition in Murder Case to
Warrant Action
NOW IN STATE PRISON
Confessed to Numbering Eight
Persons Near Turtle Lake,
Alleges Third Degree
NOW IN STATE PRISON

Henry Layer, confessed murderer
of eight persons near Turtle Lake
last April, is denied a new day in
court by Judge w. l.. Nuessle, Of dis
trict court, in an order handed down
today.
In reaching his conclusion, after
a considerable period Of study of the
case. Judge Nuessle holds there is
nothing in the showing made by Lay
er's attorneys in presenting their Pc
tition for a trial by jury to justify
such action. ..' : >.....
The decision puts at rest, unless
there is an appeal to the supreme
court or aehe pardon board, the agita-
tion begun by Layers friends imme-
diately shortly after he, pleaded gull
ty in district court at Washburn and
was brought to the penitentiary to
serve d life term.
~ have carefully considered the
showing as made by the respective
parties and the proposition of law
advanced by them, and it seems to
me that the only question OF fact that
need be considered at this time is as
to whether the defendant, at the
time that he entered his plea to this
charge of murder in the first degree,
did so by reason of threats, duress or
fear made, imposed or caused by the
conduct of the officers having the de-
fendant in charge at and prior to the
time Of the making and entering or
such plea of guilty" says the memor'
andum in the matter.
Alleged mask discovery
One of the matters raised in the
af'idavits filed b. Layers attorneys
was the alleged finding OF some
masks on the Wolf farm near Turtle
Lake. The order dismissed the mat
ter, saying: 1T would seem to me
that the discovery of the masks and
shell in question, II there were such
q discovery on the premises, can
mean but very little one way, or"Ahe
other for the reason that no inconsis'
tency arises on account Of that with
the theory of the guilt of the defend
ant Of the offense charged. The find
ing of such articles is open to the
further question as to whether or not'
if they were found there, they were
placed on the premises at a time long
after the commission OF the crime IN
question"
Judge ;Nuessle refers to the officials
in the case, especially to former
states attorney John Williams, OF NC
Lean county, and Sheriff Ole SteHe'
rud. whom he has known for long
time.
Refers to officials
TT seems to me that, considering
these various affidavits, there can De
no question as to where the truth
lies with reference to the matters andI
things touched upon in them. On lhe
one hand the defendant must no"
disaffirm and deny all the things
which he set out in his various VIII.
ten confessions and in the statement
which he made to the court at the
time of entering his plea and recelV.
ing sentence And in addition it must
(he borne in mind that he is now con
fined in the state penitentlary VIII
a knowledge of that which confronts
him for the rest of his life, surround.
ed by men experienced in crime ana
aided by the knowledge and ASSIST,
ance which invariably one crlmlnal
imparts to another and gives to MS
fellows. The sheriff and states> al
torney, on the other hand, can nave
no motive in falsifying the facts WIN
reference to the occurrences leadlns
M to the sentencing of the defendant
other than those which might arise
on account of desire for selt-glorlh.
cation as public officials. l might sa!
in passing upon and in considering
these afidavits I must take into &C.
count the knowledge which mysell
have of these officials and their gen
eral character and mental attltuoe
which they have evidenced toward
criminals and criminal matters gen
~erally. 1 know that they are hohes''
conscientious and humane"
Wanted to 90 home -,
II was pointed out in the order tnat
after Layer confessed to the murder
and was sentenced he asked permls-
sion to return to his home and per
sonal matters and road matters.~ ne
being a road official. 1t was pointed
out to him that there might pe d
stronr feeling of the neighbofaooal
against him if the people learned OF
his guilty plea, and when informed OF
NJ