January 28, 1921 . . . Judge William Nuessle, pictured below, filed an order today with the clerk of District Court for McLean County “denying the motion of defendant (Henry Layer) in all things.”

In his ruling, he made short work of the so-called “new evidence” found on the farm in November, questioning whether these items had actually been found or whether they had been placed there by someone long after the murders.

It didn’t make any difference, he explained, because such a discovery presented no inconsistency with the theory of the guilt of the defendant for the offenses charged.

Beyond that, the judge concluded that the only question of fact that needed to be considered was whether the defendant—at the time of his plea of guilty to the charge of murder in the first degree—did so “by reason of threats, duress or fear made, imposed or caused” by the officers who had him in charge.

That put the word of Henry Layer squarely against the word of the investigators.

Considering the various and conflicting affidavits, Judge Nuessle declared that “there can be no question as to where the truth lies” with respect to the matters touched upon in them.

He explained that the defendant was now confined in the State Penitentiary—surrounded by men experienced in crime—facing the knowledge that he would be there the rest of his life.

The sheriff and the state’s attorney, on the other hand, had no motive for falsifying the facts in the case, other than those that might arise out of the desire for self-glorification as public officials.

Finally, he made special reference to the officials in the case, especially former state’s attorney John Williams and Sheriff Ole Stefferud, both of whom he admitted knowing for a long time.

As a final aside, he said: “I must take into account the knowledge which I myself have of these officials and their general character and mental attitude which they have evidenced toward criminals and criminal matters generally. I know that they are honest, conscientious and humane.”

When Layer’s lawyers received official word of the judge’s decision, they took it pretty much in stride and began working on a schedule for filing their appeal with the North Dakota Supreme Court.