The Bismarck Tribune Newspaper, June 8, 1920, Page 6

PAGE SIX BEGIN ATTEMPT TO GAIN “PARDON FOR LAYER, (Continued trom page one) thte first degree, to-wit: the murder of Jacob Wolf, and,asks permission to file an information charging the said Henry Layer with such offense. Let the record show that the prayer of the State’s Attorney is granted. Let the Confession be filed, and the State’s Attorney is directed to file an inform- ation charging the said Henry Layer with the crime of murder in the first degree. BY THE COURT: Q, Of course, Mr. crime? A. Yes. Q. And that’ it is punishable by a very severe pe y, that is, the pun- ishment for that crime which is charg- ed against_you is a very heavy one? A. Yes, Offered a Lawyer Q. You understand also that you have a right to have a lawyer if you want one? A. Yes. Q. Do you want a lawyer? A. No. Q. You understand what a lawyer | ch the State’: i h WHO CLAIMS INNOCENCE which the ee 8 wea ney has just you desire to enter a plea of guilty to this charge? A. Yes. Q. You understood this paper read to you? Q. You understood what he charged ; against you in'that paper? A. What? Q. You understood what he said when he read that paper? A. Yes. Q. In that Information you are charged with the crime of murder in the first degree in that you killed Ja- cob Wolt in this county and state on the 22nd day of April, A. D. 1920. you understand that? A. Yes. «. As | understand it, you. want to enter a plea of guilty to that charge? A, Yes. Q. Do you want a lawyer? A. Do Q. You understand, of course, that crime charged against you? A. Yes. Understands Crime Q. You understand that it is pun- ishable by imprisonment in the state penitentiary for the rest of your nat- ural life? A. Yes. Q. And that if you plead guilty to this crime at this time, this ends the matter and you will have no further trial in the matter? A. Yes. Q. 1 want tw be sure, Mr. Layer, that you know what you are doing. is, don’t you, that he would appear for] Now, this is the time. if you don't you here? A. Yes. understand, to say so. If you think Q. And you don’t want one? A.| you will change your mind, now’ is No. Q. You have thot about the matter ured it out that you don’t A. Yes. . Let the records show’ THE COURT: that: the State's Attorney moves the arraignment of Henry Layer on a charge of murder in the first degree. The State’s Attorney will hand to the defendant a copy of the information, By the Court: Q. You say that your true and cor- rect name is Henry Layer? A. Yes. Court: Very well, under that name these proceedings will be conducted. State’s Attorney reads Criminal In- formation. COURT: Q. I understand, Mr. Layer, that _ Careful Finishing of shoes after repairing them in- sures you a first class, workman. ‘like job. Our repaired shoes have all the finish and appearance of new shoes fresh from the factory or shoe shop. so that the money you spend here to fix up your old. Shoes is tthe best shoe investment you could make. Try us next time. ‘ JOE CREWSKY SHOE SHOP 109 3rd St. Phone 898 NRG Transfer Co. | Sand, wood, hay and feed. All kinds of team work. Try us for Phone 818 service. USED CAR MART 1919 Chevrolet 490—as good as new. Extra tire, motom- eter, chaine, ete., 1915 Maxwell Roadster, good‘ tires, new battery and radia- |] tor. ‘Excellent $325. condition We ‘have many other’ bar- gains to show to interested buyers, 3 608 Main St. Phone 488, We shoulder the obligation of keeping your ice chest supplied during these summer months when you want cool drinks, your meat kept fresh, your veg- etables crisp and tasty and your butter, milk and eggs in good condition. Let us know when you want us to start de- livery. You can depend upon our regularity thereafter. i . se, . Layer, you un-} No. derstand that this crime of murder in P the, first, degree is a very serious{ this is a very bad the time to tell us. Q. You have heard the information as it was read to you by the State’s Attorney. How do you plead? A. Guilty. COURT: Let the plea of guilty be endorsed upon the back of the informa. tion and entered in the minutes of the Court. It is necessary that I pass sentence upon you as Judge of this Court. I presume that you would prefer to have sentence passed .immediately. A. Yes, Court: Very well. sentence I would ask you to sit down as I would like to ask you some ques- tions. You will understand, Mr. Layer, that it will not be necessary for you to answer unless you desire 80 to do. By the Court: Q. How old are you? A. ay rtys five, es Q. When is your next birthday? A. ‘1 will be thirty-six on the 19th day Be November, Born in Russia Q. Where were you born? Russia. Q. When did you come to this country? A. When | was about a year and a half old. ; Q. Did your people come to South Dakota? A. They came to North Da- Koa, Q. Have you lived in‘North Dakota all the time since? A. Yes. Q. Whereabouts? A. At Ashley. and Venturia. Q. How long have you lived in this country? A. Five years since 1 moved up here. 1 have been on the place four years where I live now. Q. Do you own your farm? ‘A. I bought the farm on crop payment. Q. Are yqu-a-married man?, A. Yes. ms Q. Is your wife living with you at this time? A... Yes. Q. Have you any children? A. Yés, Q. How old:is the oldest? A. Nine. . Had you ever been: in any. trouble with the law.at any time be: fore you.came up here? A. No. , Q. Had, on ever. been arrested be- fore? A. No. Q. How long had you known this, man Jacob Wolf that you say you killed? A. “Well, ‘it is about four years that I really knew him. I heard i1om him before, but did not live up there the first year [ was there. Q. How far do you live from Wolf's place? A. Well, across, it is about two miles, across field. Q. Do you belong to the same church? A. ‘Yes, we did not go to the same church. He went to the town and I went to the church in the school house. Q. Did you belong ‘to the same de- nomination? A. Yes. Q. You knew Wolf pretty well? A. Yes. “A. In Q. Had you visited with him and}‘ he with you at different times? A; Yes, before, that time. Trouble over Cattle Q. Had you ever had any difficulty. of any kind, that is, any trouble before this 22nd ‘day of April? A. Well, there was a little trouble about free range, about cattle.. He did not: want the stock to run on his hay land. Q. When was it that you had that trouble? A. This last winter, the first part of the winter. Q. You never had any other trouble than that? A. No. Q. Did you have any blows at all? A. No. Q. You call him names or he call you names? A. No, Q. Did he tell you he did not want your Cattle’ to run on his hay land}, A. Yes. Q. Did he threaten to sue you? A. Why no. LIFT OFF CORNS! ‘Freezone is magic! Corns lift off with fingers without pain Hurt? ‘No, not one bit! Just drop a little Freezone on that touchy corn, instantly it stops aching, then you lift that bothersome corn right off. Yes, magic! Costs only a few cents. Try Freezone! Your druggist sells a tiny bottle, sufficient to rid your feet of every hard corn, soft corn, or corn Wachter Transfer Co. PHONE 62 betwen the toes, and calluses, without one particle of pain, soreness or irrl+ tation. Freezone is the mysterious ius. BISMARCK DAILY: TRIBUNE Q. Did he tell you to keep them off more than once? A. Yes, I think it. was twice. Q. Did you tell him that ‘you would get even with him? A. No, Q. That Was the only time that you had any trouble until this time he was killed? A. Yes. . So there never had been any sericus trouble between you?, A. No. Q. Well, now, just what happened | on the 22nd day of April, the day he was killed? A. How is that? Q. What work had you:been doing en that morning? What were,you doing ‘on the morning he was killed? A. What do you mean? Q. Well, what were you working at around your place there? ;You did not go over to his place right:early in the morning did you? A,-No. Q. What had you been doing ‘be- fore you went over? A. .I think I was plowing. I am not sure, but I think I was plowing part of the time. Q. Then you went and unhitched a “where did "you ‘go ‘attér ‘shells? A. In the front:room, Q. In the place where you saw him get them? A. Yes, ‘ : Q. .How many did you take, all-of them? A. I took alll could see there, yes, Q. Were they in'a box? A. No, they were inthe corner there. Q, What did you-do with them? A. I put them in the gun, and started to shoot and turned crazy. Q. Yes, ubut it. was. only ‘a double- barreled shot gun. and you could put only two.shells in it? A, Yes, Q. Wellgwhat,did you'do with the Other shell? A. T had them ‘with me. 1 Put Shells in Coat, Q. Where did you put them? A. In my. coat pocket... .., Q. Did you have. a suit of overalls on when'you went . over'there? A. Yes. Q But you had a coat oyery AY Yes. Q. How many shells were there? and went to the house?, A.. Yes, 1 was working around home there. Q. What is the trouble, don’t you remember very well? A, I cannot just say really what it was I was doing. Q. Anyway, what time wag it when you went over to Wolf's?, ‘A... It was very close to noon, some- where between eleven and. twelve. Q. Where was Wolf when you got over there? .A. At home,. in the Before passing}, house. Q. He had come in to dinner? A. Yes, Q. Where was his wite ‘and where were the children and boy?.~ A. In the house. Q. What were they “doing when you arrived over there?,..A, They were standing ‘in the house in the kitchen. Q. Did you have a gun “or club or anything? A. No. Q....Who spoke first, Wolf or you? A. He asked me what I wanted. -Q. And ‘what, did you say? A. I tdld him to’¢ome over, and see about that cow. Q. Now what cow were you talk- Ing about? A. ‘His dogs chased a cow for me last winter once and. she got 80 lamed that-she could hardly go and shed her hoofs. Asked Damages Q. And you.told him that you bad come dyer ta see about damages?,, A. Yes. Q. And what did he say? told me to go away. Q. ,Get off the place? A. Yes. Q pina you. gone inside of the “In the ‘stormshed, yes, Q. ie: did you say when he told you that? ‘A. 1 told ‘him not. to get’ mad about it. m Q. Had you been -mad up to that A. He time? A. No. Qa ‘What; did he*do when ‘you told him that? ‘A. He went: arid’ got the gun. Q. .Where did he go to get the gun? A. Right in the room thereon the side in the parlor; I suppose you would cal it a.front‘room. Q. “Did.you see him going ‘after the | | I did not really know what igun?. A, he was ‘going after until: 1 saw. him have it. Qe poi you see him get any atielts? | se Where dia’ te' get’ the’ shells? A: In ‘the. cupboard. Q... Did: you see him load ‘the gun? A. Yes. .- Q. And you’ were standing there in} A. the storm shed all this time?’ A. Yes. |: _ oO. , and Mes, doors were open all the the rest of the family? “A. other room. : Q. I*suppose they were all wateh- ing or could-you see? A. I don't know. I could pot say. Q. Then, be came, out toward you with the gun? A. Yes. | Q. How did he hold:the gun : he came out toward you? A. He held it In his right Hand, in both hands kind of, the barrel ;was first. W: Qa ihe’ barrel up in the air or down towards the ground? A. Down, kind of. Q. Did you “notice whether it was cocked: or not? .A.,: I did not notice right away... Q. As-he came towards: you ‘dfd-he say anything? A. Yes. Threatened to Kill Him Q. What:did he say. he was going to; “kill me. 3 Q. You did not move to“get’ away from him? A. I stepped, to’ one side until he ,¢ame out’ and. I’ grabbed hold of the, gun. Q. ‘You ‘dia not" try to get out of the dogr and get away? ‘A.. No. . Why,not? “A. I did not think he would do° anything like that. Q .‘Well, when he got up close to you what ‘dtd he do? A. I grabbed hold of the-gun right away. when he! came out through the door. . Did he point it towards you? A. I did not give him time to'point it. Q. ‘Then what happened?; A. We monkeyed erin there and the gun went off, Q. You and tte were ‘fighting for the gun? A. Yes. Q. What did you do, raise it-up or: try to twist it out of his hands or]. what? “A...I tried to twist it out of; his hands. Q. Did you twist ‘it ‘out. of his hands? “A. Yes, I got it away from him. Q. And the gun went off while you “were fighting for.it? A. Yes. Q. Both barrels? A. Yes, first one and then the other. Q. Did you notice where his wife was? A. Yes, they were right in the other room, in the kitchen. Q. How many “doors are there to the house? .A. Two. ‘One to the front | room and one to the kitchen from that storm ‘shed. Q. ‘They did not try to get into that front room, the wife and the children? A. Not that I noticed. Q. What happened when the. gun Q. It hit some of them? A. I don’t know whether it was the Mrs. | or the boy or the biggedt,girl. I'am not sure of that. Q. Was ‘that when the first barrel went off or tthe “second? A ‘The first. Q. Did théy scream? A. Why they hollered in there. Q. That was when Wolf let go was it, when they hollered? A. No, when the next barrel went off. Q. :Then he let go? A. Yes. Q._ And after he let go what did he do? ‘A. I think he went outside then. ‘A.. He said Q. Didn't he go inside where the ‘not sure. } remernber A. I don’t know, Q. ‘But you took-ali there were and put them in your, pocket? A. Yes. ..Q. eAnd atter. you loaded tthe gun what did:you.do?, A, I .think J went after him. Q. Right away? A." Yes, I think BO, Q.’ Where was he? Ae He was out- side then. “ Q.. Where-abouta? “A, the barn. Q. Was he running? “A. »I couldn’t say whether he was running or walk- img. Q.. But. he’ was: going towards the barn? ‘A: Yes. , Q. How. far away.was he? A. Out from the house & little, way. Q. Well, how ‘far? “A, I couldn't say just exactly how. far.. Q.. Five or ten roda?., A. Well, the barn is not so very far away from the ypuse..... » ve Did you shoot at: him then? A. Towards en What ‘happened when you shot? A... He.dropped. ;. Q. . The first timg you shot? A I am not quite sure ‘when I dropped him. the first-or the second, Q.. You shot twica at him did you? A. Yes. Q. More than that? A. "No, ‘I don’t penta 80. Q. ‘Then what ‘did you do? A. Well, I don’t know: whether. I. went. in. the house or in. the barn then.. I cannot say that for sure. Q. Well, ‘when did’ you shoot the people in the house? A.’ That is what 1 say I don’t know, whether I went back to the houge-or in the barn. Q.. Well, when you shot, whom‘ did you shoot first in the housé? A. Iam I cannot say. whether it was the boy or the biggest girl. Q. Well, Mrs. Woif:was shot dead was ? She: was shot when the. gun went off? A. «Yes. Q. You are sure of that? ‘A. Yes. Q. Was she lying: on wed floor? -A. ‘Yes. Q. Was there any, one’ else lying 6n. he floor?’ A. One ot the others, ‘but One of: tlie ‘othera “and ‘Mrs, Woif had been shot when you: and iMr. Wolt. were wreatling for the gun? get away? A. could not ‘say. t gfememier ‘anything ‘that took place ‘after’ you ‘got excited. “|ithere? . A. I couldn't say anything for sure. .”. ,Q. Well, don't you Know what you i A.: Well, ‘they: were’ ‘all T suppose’ must-have. Put’ Bodies in Basement |. Q. Well, don’t you. know; jon’t" you “A. “No, Ido’ not‘ remem- ber. 'Q. “What'did you do with’ those’ péo- ee. who ‘wete'in there?’-A. “I put, them. down: in: the’ basement. Q. All'of'them? A. ‘Yes. Q. Why did you do that? -A. To; get them out of. the way I‘suppose.. , Q. ‘Did'you try to mop up the blood? A. Not that E:know of. Q. It seems that there were certain articlés dé¢ clothing ‘found ‘there sop- ped in’ blood. Did you take off your overalls ‘and eave ‘them thefe? “A. No, I ‘did not. Q. “Well, now,’ it has been reported to me that one of these’ children was killed ‘with a ‘hatchet? A. I. don’t know. I.can’t remember that: Q. When;you went out of the house where did you.find Wolf lying? A. In front of the: barn. Q. How far from the barn? A. It was'not very faraway. Just a. little ‘ways from the barn. Q, Were there others in the barn, some of the children? A.. ‘There'were two little girls. Q. Had they-been in the house do you know? They were in_the hoyse when I came. Afterwards I bread them in there. .Q@. They ran out when -you ‘and Wolf were fighting, is that, it? A. I don’t know -whether they ran: out then or-afterwards. | ... Q, You -killed, the little girls too, did you? “A. Yes. Q. Shot them?,“A.> Yes. . Do you remetiber that? “A. No, I don’t remember, ‘hut: they.;were there so,I.can kind of remember some of. it. iQ “What-did’ ‘you do with:the bodies Of.:the : little .girls ‘and Woif? ALi Sree: them with'hay in the barn there. ‘Q, Do. you -remember that? A.. I femember some Of that, yés. “ Q. Are -you the man “who found the shells in the hay folt? A. Yes. Q. Were you tthe man who put them:there? .A. -I'suppage "#0, ~ .Q. Don’t’ you remember? A 1 must -have, Well, yes. Q. When: did ‘you~ put‘ them ‘there, right at:that time? A. Yes.. :Q. “Why ‘did you do that?. A. I don’t know. I’suppose, to get them out of. the way. Q. :Do you remember ‘then about that? A: I remember about that... Q.. And :you « were. the man who teand ‘them thete afterwards? A. es. Q. How did you: happen to.find seine A.. They told me ‘to get some ‘ = Who told ‘you? A. ‘Jacob. Bos- se a ‘Then you told them ‘that you found them there? A. Yes. __. Thfew Gun "Away Q. ‘After you covered these bodies what did you do? A. 1 went home. Q. Directly home? A.” 1 went down along the.draw. TUESDAY, JUNE 8, 1920 INCE the discovery ‘of petroleiirn, ‘the per cap- ita production of wheat iin the’ United’ States ‘has increase. In 1850, 90 more than'doubled, and this ‘in-the: face of a constantly “ascreasing percent: farm population. ucts of petroleum have ‘been largely responsible ‘for the ge in our ‘he prod- percent of our:people lived on farms; ‘in 1919 ‘only 33 ‘percent of the population was ‘listed as tural, In 1850 the per capita production of wheat 'was 4.4 bushels, thile in 1919 it was: ‘almost 9 bushels. On the farms of the Middle West —the bread-basket of the nation— the gas engine is best known. And ‘here this engine is ‘plowing, séed- ‘ing, ‘and harvesting by the square mile instead of by the acre, and it ‘is doing the work ‘better, quicker, ‘and cheaper than it could be‘done by horse-power. These engines must have gasoline, and they must have oil, both Products of petroleum. ‘That is why the U. S. Government declares that “petroleum :is‘a basic necessity, as much 80 as wool or wheat”. The manufacture and distribution of gasoline, lubricating ‘oils, and ‘other petroleum products, have ‘been developed to a high degree ‘of ‘efficiency by the Standard Oil Company (Indiana). ed organization, trained by years pared conditions, has been able to-foresee and prepare ‘to ‘meet ‘problems, which, unsolved, might ‘have proved disastrous. Even transportation and other ‘troubles in allied industries ‘have failed ‘to make an appreciable in- terruption in the steady flow of products from the refineries:of the ‘Standard Oil Company (Indiana) ‘to the consumers of the Middle West. ‘Standard Oil Company 910 S. Mic! (Indiana) Ave., Chicago, Ml. . Q. You ‘knew the lake was over there, did ‘you? A. Ye ‘And you went: around there so that you could throw it-in there? A; I did not think of. throwing it in there until Lcame down. Q. Youdid not think, of throwing it inthere until you came’by?: A.-No. Q. But you don’t have to go by:that water’ to"get home “do you?: “A. -No, but I-went down there. °Q. ‘Did ‘you: throw “away ‘all ‘the Leroy “were ‘loaded? Q.’Did you throw°any empty shells inthe ‘water? “A. “Empty shells? ‘Yes, Ithink I did. Q. How thany times ‘did ‘you ‘load the gum?’ A.'I "don’t know. °L cant Bay. ‘Q. When you' loaded it” “each ‘time you put ‘the empty ‘shells ‘into ‘yotr pocket did‘you? A. Yes, + Q. 1s! there ‘an‘ ejector in that gun, sothething to'throw the shellsout of the parrets whee. you ‘bredk we A. No. : Do! you think of arly ‘more to tell. -ine ‘that “you “hévén't’ told ‘that ‘would throw’ ay light on what you did there? A. No. @ ‘Did-you tell your® wile what you had done? . A. No. Q. Did she ask wheFe “you “had been? A. “No. 0. How long ‘Was. it troin the tinte you left home: until. ‘you got back again? A. About two or a little af- ter when I got home. __ Q = And you eet ai deca red eleven? A. 2Yes, somewhere @ yeu were hot MPddi a that day? A. No. Q, Had you been drinking? A. No. Q. You'have.told me the truth-as you remember. it have yqu?. A: As much as I can, yes. But what you have told is what you. remember of what took-place? A. Yes, @.. You are sure that’you did this as;much as you told me? A: Yes, as much as Iremember. Q... You do remember of having the quarrel -with Wolf and the gun went off-and sothieboay: ‘was shot there? A. Yes: Q And’ ‘you rémember that you shot Wolt? A. Yes. . @. And he fell after you show? A. Yus. T doit remember whether it wes the’ first or Lecchd. Q. But you Filled him? <A. Yes. ). And you .remember killing the gitls in the barn? A. Yes. Q. And covering them up with hay? A. Yes. Q. What.did you do with the gun? ‘A. I threw it away. | Q. Why did y i take it apart? -A. ry family were hiding? A. I don’t know. ter sliells then. I don’t know: took it apart, but ether discovery of a Cincinnati gen-| 1 could not say, because I went in af-)I-took it apart, and threw it in the lake. there. Q And you remember of «putting the bodies of those ip-the hase in the basement? A. Yes. Is there anything else” fat you A. ‘Tethink| = The Court: Mr. Layer you have en-} tered your plea of guilty to th:s charge} of murder in the first degree. It is row my duty as judge of this court to pass sentence upon you. Under the law there is no discretion vested in me. The penalty which I must impose is fixed by the law and, as I have told you several. times since you have been in here, it is“a severe one. ‘The! judgmentand sentence of this 1 Court is that you, Henry Layer, be confined at hard labor in the State Penitentiary at Bismarck, Nortn'Da- kota, for the remainder of your natur- al life, and that you stand’ committed until this sentence’is completed, and the order of the court is that this de- fendant be immediately convéyéd to the State ‘Penitentiary at Bismarck, North Dakota. The court will stand adjourned. “="CAR WASHING cor yin MOTOR ce. Select a Certain Day Départment' to make a to GROW. recali that you;haven’t told me? A. No, ‘ in this sectio of. every week on which to call at our Savings deposit. ‘With the amount decided upon that yon will gave weekly and the day set’for depositing your ‘savings. your ‘account here at’4 per ¢ent-is‘sure of the State