On New Year's Day in 1912, Kiyoshk got into an argument with a man named Charles Nahdee, accusing him of courting his love interest, 15-year-old Flossie Williams.
Walter Rigsby, attorney R. V. LeSueur and interpreter Nicholas Plane began to actively pursue a new trial for Kiyoshk, firmly stating their belief in his innocence.
"[4] In April 1913, the Attorney General of Ontario, James Joseph Foy, announced that his office would withdraw all charges against Kiyoshk, effectively declaring him innocent of the double murder.
When they went to question him about the case, investigators noticed that he had an axe and wheelbarrow that could have been used by the killer, but more concerningly, Kiyoshk had what appeared to be a human bloodstain on his pants.
In contrast to this, the Crown attorneys claimed that Kiyoshk had murdered Blackbird, who had lived together with him and his wife for some time, in a jealous rage after learning that he had affectionate feelings towards Flossie.
[7] With his execution date set for November 26, 1940, multiple requests for a commutation of Kiyoshk's sentence were submitted to the Supreme Court of Ontario, with few believing that it would work out.
[8] To many's surprise, a last-minute reprieve was issued by Justice J. Gerald Kelly for Kiyoshk and his legal team to submit one final appeal, delaying his execution by 38 days.