Page:North Dakota Reports (vol. 48).pdf/393

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STATE v. LAYER
369

the bodies were taken about 2 o’clock Sunday morning, and before the bodies had been disturbed. Thereafter the bodies were removed, a post mortem examination held, and they were prepared for burial.

Upon the discovery of the crimes above mentioned, O. H. Stefferud, the sheriff of McLean county, N. D., and his deputy, Emil Haas, certain detectives, and Chris Martineson, chief of police of Bismarck, began a systematic and searching investigation with the view of discovering and apprehending the person or persons who committed the crimes. They interviewed the neighbors in the vicinity of the crime, taking from them affidavits as to their whereabouts on the day of the crime, and as to any knowledge or information they possessed which might assist in the discovery of the criminals. This investigation continued until about May 11, 1920. About this time the defendant, who was a farmer living about two and three-fourths miles north and east of the Wolff farm, was taken into custody and confined in the county jail at Washburn, McLean county. About 8:30 o’clock p. m. on the 12th day of May the defendant was taken to the sheriff’s office, and there was questioned by two detectives, George D. McDowell, E. F. Hezner, Chris Martineson, chief of police of the city of Bismarck, and Sheriff Stefferud, of Mclean county, and Haas, his deputy, with reference to the murder. At about 11:30, the deputy sheriff and Hezner, one of the detectives, retired. Those remaining continued to question Layer, and confronted him with conflicting statements, claimed by them to have been made by him in response to their inquiries. He was there shown photographs of the dead bodies, and finally acknowledged his guilt. He related in detail the manner in which he committed the crime; in other words, he made a written confession of his guilt, of which the following is a copy:

“Washburn, North Dakota, May 13, 1920

“I, Henry Layer, being first duly sworn, depose and say, that I make this statement out of my own free will, without any promise whatsoever; that on Thursday, April 22d, I left my own house at about 11:00 o'clock a. m. and walked about one mile south, following the section line, and then walked from the north into Wolff’s farmyard, arriving there at about 11:30 a. m. I then walked into the house and there found Mr. Jacob Wolff, Mrs. Wolff, the five children, and the hired hand, Jacob Hofer. I began talking to Jacob Wolff, demanding damages for the injury done to my cow by Wolff’s dog. I told Wolff to come and look at the cow and see for himself how much damage the dog had done to