9 Dec. 1910,
Vol. 10, No. 4 - Renfrew's Record, Alva, Okla.
The N. L. Miller Preliminary - news article
The preliminary of Justice N. L. Miller, charged with the murder of Mabel Oakes, in the old opera house, November 9th, which had been set for 10 o'clock Thursday morning, December 1, was postponed until 2 o'clock p.m., Thursday, owing to the indisposition of County Judge Cameron. The Judge's condition had been so serious for some days preceding this date, that Attorney J. N. Tincher, of Medicine Lodge, employed by Mr. Oakes for the prosecution, had been notified that the preliminary could not possibly proceed and consequently he was not present in the morning.
Moman Pruiett, the celebrated criminal lawyer of Oklahoma City, who had been employed by the Law Enforcement League, for the prosecution arrived Wednesday afternoon and after looking over the case he insisted that Mr. Tincher should be present if possible. He was reached by phone Thursday morning and by making a trip by auto to Kiowa, he caught the one o'clock Santa Fe and arrived in good shape. Judge Cameron still felt unequal to the task of presiding and the preliminary was again postponed until nine o'clock Friday morning.
The preliminary was called Friday morning, with Judge Cameron on the bench, with County Attorney Claud McCrory, attorneys J. N. Tincher and Moman Pruiett for the prosecution and Attorneys Erskine W. Snoddy, Judge L. T. Wilson and C. H. Mauntel for the defense, all present. The accused, N. L. Miller, was also present and the court room was crowded with interested spectators.
On the opening of the preliminary, the attorneys for the defense announced that they would waive preliminary examination. The counsel for the state then announced that they wished to introduce and perpetuate the testimony of Dr. Saffold. The reasons assigned were that Dr. Saffold was a most important witness in the case, that he had removed his residence from the county, that he was now present in court and that by perpetuating his testimony it would not be necessary to require his attendance during the subsequent trial of the case.
The counsel for the defense objected to this proceeding as irregular on the grounds that when the defendant waived preliminary examination that no further proceedings in the case should be taken.
Judge Cameron over-ruled the objection of the counsel for the defense taking the position that he saw no reason why Dr. Saffold's testimony should not be taken.
The sparring between Judge Wilson and Attorney Prueitt in this preliminary tilt was interesting, but produced no serious results. Dr. Saffold was then sworn and testified substantially as follows: That Miller had some time ago, called upon him at the sanitarium and requested him to examine into Miss Oakes' physical condition, that he had done so and found her to be pregnant. That Miller then requested him to cause an abortion, which he refused to do. The Doctor testified that Miller then said that he himself would perform the operation if he had the instruments, as he had read or studied medicine, but the Doctor refused to loan him the instruments for this purpose.
The Doctor also stated that Miller called upon him on another occasion, accompanied by Miss Oakes and another lady and again requested him to perform the operation.
This in substance, was Dr. Saffold's testimony, which was very damaging to the defense.
Miller was then held without bail.
The causes leading to the arrest of Miller on the charge of murdering Mabel Oakes are well known, but we again publish the finding of the coroner's jury.
The strong array of legal talent on both sides will make this case one of the most interesting in the annals of western Oklahoma and it will be strongly contested till ended.
This is as it should be.
Too many murderers have gone practically free, not only in Woods county but in the other counties of the state for lack of energetic prosecution and it is about time that the public should wake up for its own protection.
If murder has been done in this case, as now appears probable, a thorough sifting of the evidence will develop the facts in the case so that justice may be done.
Coroner's Verdict
State of Oklahoma,
County of Woods, ss.
Before I. B. Lawhon, Justice of the Peace of the City of Alva, Woods County, Oklahoma, acting coroner:
We, the jury impaneled, charged and sworn to inquire into the cause of death of Mabel Oakes, do upon our oaths find that the said Mabel Oakes is dead, that she came to her death on the 9th day of November, 1910, in Woods County, Oklahoma, and that said death was caused by violence, to-wit: By strangulation, with a scarf in the hands of another person with intent to kill and murder the said Mabel Oakes, and from the evidence before us, we believe said person to be N. L. Miller.
Geo. W. Crowell, Foreman
J.T. Herold,
C.R. Moore,
T.B. Roby,
Wm. Goebel,
Russell Dugan.
Jurors
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