The Okie Legacy: Old Opera House Murder Moved To Woodward County (Case #714)

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Volume 2 , Issue 4

2000

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Old Opera House Murder Moved To Woodward County (Case #714)

Application for Transcript of Record at County's Expense
Defendant Miller asked the Judge of the Woodward District Court of the 20th Judicial District to make an order requiring the Stenographer of said court to make transcripts of such proceedings and charge the costs thereof to Woods county, state of Oklahoma. It was signed by N. L. Miller, 18 September 1911.

Order for Transcript of Record - 12 Sept. 1911, Motion for New trial overruled. Miller orders a transcript of stenographers notes and intends to appeal case for review by Criminal Court of appeals of State of Oklahoma. Ary Allen was the official reporter, Stenographer of the Court. It was ordered that a full and complete transcript of his (Ary Allen) notes taken in the trial be delivered to defendant's attorneys within the time fixed by the court for making and serving case-made in Case #714. The reporter did not have to make transcript containing the examination of the trial jury, and the challenges to the members of the panel of jurors. The costs of the transcript was charged to Woods County, Oklahoma. The Order was signed by James B. Cullison, Judge.

Order Overruling Motion for New Trial and Motion to Arrest Judgment and Sentence, extending time to make and serve case made -- Filed Dec. 30, 1911, Jerry Coover, clerk and signed by H. H. Alexander, Deputy.

Jury's Verdict, 12 Sept. 1911, Case #714, State of Oklahoma, Plaintiff, vs. N. L. Miller, Defendant, Dist. Court of Woodward County, Oklahoma, Filed Sept. 12, 1911 by Jerry Coover, Clerk.

"We, the jury duly empaneled and sworn to try the issues in the above entitled cause, do upon our oaths, find the defendant guilty as charged in the Information and assess his punishment at Life Imprisonment at hard labor. signed by Foreman, H. C. Thompson."
Motion of Defendant N. L. Miller - Arrest of Judgment & Sentence - 15 Sept. 1911
Final Judgment & Sentencing was on 15 Sept. 1911.

N. L. Miller was Transported to Prison, Oklahoma State Penitentiary, McAlester, Oklahoma, Sept. 19, 1911 -- "Received this commitment on the 15th day of September, 1911, and executed the same by delivery of the within named defendant, N. L. Miller to R. W. Dick, warden of the Oklahoma State Penitentiary, at McAlester, Oklahoma, as herein commanded, on September 19, 1911." signed by B. F. richards, sheriff of woodward County, Oklahoma.
Final Judgment and Commitment pronouncement of sentence in Case #714 -- "The said defendant is now informed by the above entitled court of the nature of the information against him, his arraignment thereon and his pleas of not guilty to the said information and of the verdict of the jury as aforesaid, and he, the said defendant is asked by the court whether he has any legal cause to show why judgment should not be pronounced against him, and no sufficient cause being alleged or shown by the said defendant or appearing to the said court why judgment should not be pronounced:

Thereupon it is now considered ordered and adjudged by the court that the said defendant, N. L. Miller, is guilty of the crime of murder as charged in the information in this cause....."

Miller was confined and imprisoned in the State Penitentiary of the State of Oklahoma, at hard labor, located at McAlester, State of Oklahoma, for and during the period of his natural life, from and after the date of his incarceration in the said State Penitentiary located at McAlester, Oklahoma. Miller was notified of his right to appeal to the Criminal Court of Appeals of the State of Oklahoma.

N. L. Miller filed a Motion of Arrest of Judgment & Sentence in Case #714, State of Oklahoma, by his attorney Charles J. Swindall. -- "The court having heard the argument of counsel in favor of and against said Motion and being fully advised in the premised both as to the law and the finds that said motion is not well taken and should be denied and refused to which said findings of the Court the defendant at the time excepted and saves an exception. It was ordered, adjudged by the court that the Motion to arrest of Judgment and sentence be overruled, denied and refused, to which said judgment order, ruling and decision of the court the defendant at the time excepted and saves an exception."

Recording Final Judgment and Sentence; Recording Verdict; boarding Prisoner N. Miller. Nov. 7 1911 -- Filing Application for Extension of Time, June 2, 1918 -- Filing Mandate; Recording Mandate.
Witness Fees & mileage entered...
  • George Bell, 3 days, 56 miles
  • Dr. Elizabeth Grantham, 2 days, 58 miles
  • W. M. Bickel, 1 day, 112 miles
  • C. O. Green, 3 days, 56 miles
  • Kent Eubank, 5 days, 57 miles
  • Jeff Bower, 4 days, 57 miles
  • Dr. G. N. Bilby, 5 days, 57 miles
  • George Oakes, 7 days, 57 miles
  • T. W. Barnhause, 7 days, 69 miles
  • Mrs. Carrie Oakes, 7 days, 57 miles
  • N. J. Lewellen, 4 days, 57 miles
  • Mrs. J. L. Amis, 7 days, 57 miles
  • J. B. Lawhon, 5 days, 56 miles
  • Hugh Martin, 5 days,64 miles
  • George W. Crowell, 3 days, 57 miles
  • Dr. B. W. Saffold, 8 days, 128 miles
  • Hugh Martin, 1 day
  • Walter Rambo, 5 days, 57 miles
  • Chas. R. Wagner, 1 day, 37 miles
  • P. A. Monroe, 3 days, 57 miles
  • Dr. O. R. Gregg, 3 days, 57 miles
  • N. E. Turner, 5 days, 57 miles
  • Dr. O. E. Templin, 5 days, 114 miles
  • George W. Crowell, 1 day
  • N. J. Lewellen, 1 day
Boarding jury & Bailiff (234 meals @ 25 cents per meal)
  • The Court bailiff S. C. Chatmen, 8 days
  • O. B. Skidmore, Bailiff, 8 days
  • Bailiff, George Fowler, 5 days
  • Bailiff, S. A. Yerick, 11 days
Jurymen Fee Woodward Cty Docket sheet and some names were hard to read. I've put "???" where I wasn't sure or couldn't read the name.
  • J. A. Gerthell, 1 day, 30 miles
  • J. A. Secrest, 1 day
  • C. M. Bell, 1 day, 40 miles
  • Jacob Renner, 1 day 34 miles
  • Thomas Eades, 1 day, 44 miles
  • N. B. Ames, 1 day 30 miles
  • Levi Morgen, 1 day, 62 miles
  • J. A. Calloway, 1 day, 72 miles
  • ???Frank Allmes, 1 day, 70 miles
  • G. A. Jefft, 1 day, 44 miles
  • B. F. Wietrick, 1 day, 26 miles
  • Leroy Walker, 1 day
  • Chester Mortison, 1 day
  • C. A. Newcomb, 1 day 16 miles
  • Sam Huffman, 2 days, 65 miles
  • W. S. Murry, 2 days, 20 miles
  • Eugene Farrand, 2 days, 46 miles
  • ??? Ross Trumlee , 2 days
  • >R.D. Howden, 2 days
  • W. E. Bishop, 2 days
  • Del Carmen, 2 days 16 miles
  • C. A. Miller, 2 days, 56 miles
  • ??? F. E. Schilling, 2 days, 26 miles
  • S. B. Chambers, 2 days 40 miles
  • Charles S. Shepard, 2 days, 60 miles
  • ??? M. N. Gloves, 2 days, 26 miles
  • G. Coombs, 2 days, 30 miles
  • Guy M. Williams, 2 days, 30 miles
  • George Steller, 2 days
  • Blie White, 2 days, 12 miles
  • Alva Simms, 3 days, 12 miles
  • W. O. Murry, 1 day
  • L. O. Peyton, 3 days, 52 miles
  • Glen Dixon, 3 days
  • George Stingetmeyer, 3 days, 8 miles
  • J. E. Smith, 3 days
  • George Bachman, 3 days, 54 miles
  • Hugh Bingham, 4 dyas, 42 miles
  • George Steward, 4 days
  • M. C. Howell
  • W. Nobel, 4 days, 26 miles
  • J. C. Hampton, 8 days, 20 miles
  • Lewis M. Philips, 8 days, 20 miles
  • John Chamber, 8 days, 60 miles
  • E. A. Yeager, 8 days, 9 miles
  • ??? Staery McGriff, 8 days, 66 miles
  • George Welty, 8 days, 78 miles
  • ??? J. W. Rhucby, 8 dyas, 4 miles
  • M. B. Wellelee, 8 days, 44 miles
  • Earl McDowell, 8 days, 26 miles
  • Ray Halloway, 8 days, 64 miles
  • ??? J. T. Sreal, 8 days, 20 miles
  • H. C. Thompson, 8 days - ForemanĀ 
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