Alva' First Homicide - 9 November 1910
Nelson L. Miller vs. State of Oklahoma - Death of Mabel Oakes
Chronology - Timetable
March 1909 - Mabel Oakes begins working in Nelson Miller's office at the Old Opera House as general office girl job at his office to learn typewriting, office work. Miss Oakes had worked at his office until about three weeks before her death with a couple of intermissions of about a month each time because of a couple of broken arms.
December 1909 - Mabel Oakes has first broken arm for which strychnine and morphine are prescribe for her by Dr. Elizabeth Grantham. She is laid off from work for a month. Miller stated that Mabel's first sinking spell started during this time and lasted about ten minutes or so.
24 January 1910 - Nelson & Rachel Miller are having financial problems. Standard Savings & Loan Assoc. of Michigan Loaned Nelson & Rachel Miller $1200, 24 Jan. 1910, Block 25, Lot 16, two-story house.
February or March 1910 - The second broken arm occurred and Miss Oakes was off about a month on each broken arm.
April & May 1910 - Mr. Miller had done some business with George Oakes. Miller loaned out some short time loans for Oakes on a commission.
27 June 1910 - Sheriff Hugh Martin, Jr. - Woods County Sheriff, filed a Petition for Injunction against Justice N. L. Miller & Constable N. J. Lewellen - a civil case concerning a confiscated barrel of Beer.
Summer of 1910 - About 9:00 to 10:00 p.m., Mr Miller had asked Hank W. Noah, Fred Frederickson and John E. Shaw to go up to the Oakes house to see if they couldn't catch the party that was delivering certain letters. Miller had mentioned that Mabel was up at the house and some other girl was with her. That neither the parents or brother were at home.
Summer of 1910 - Miller stated that Mabel first went to see Dr. Saffold for treatment of her sinking spells.
August 1910 - David Arndt experienced Mabel Oakes fainting spell in Miller's office the middle of August, 1910 Miss Oakes lying on the floor, unconscious.
August thru October 1910 - Dr. Saffold examined Mabel Oakes three times beginning in August thru October, 1910.
2 August 1910 - Dr. Saffold stated, "The first time that I saw Miss Oakes professionally was about the 1st of August. I think it was the second. I was called down and found her in almost an unconscious condition sitting in a chair. The first time, Miller asked me to go down to see her. The second time Miller asked me to call on her. The last time I saw Mabel, Miller came to me and asked me to produce an abortion. He came to me and asked me to examine her. He asked me if I would examine her."
Late August or 1 September 1910 - Mr. E. P. Weaver testified that he had seen Miss Oakes get into Mr. Miller's buggy the later part of August or the first of September, on a Friday evening. He also testified that it was NOT Mr. Miller. He was not certain, but he thought it was Dan Fletcher (a married man). Mr. Weaver knew it was not Mr. Miller because he had just left him at the Eagle Hall a few minutes before around nine o'clock p.m. The Eagle Hall was located on Second Street between Santa Fe and Flynn Avenue.
September 1910, Sunday - Miller hunted Mr. Oakes up downtown and took him back to Oakes residence in Miller's buggy when Mabel had one of her sinking spells.
October 1910 - George Parker had occasion to go over to Miller's office and he saw the back door to the back room open and noticed some one was laying on the floor -- it was Mabel Oakes. Miller was rubbing her hands and Emmet Nowel was at the side of her, rubbing her arms
17 October 1910 - The last time Dr. Safford examined Mabel Oakes. Prior to Mabel Oakes death in November, about three weeks, Dr Saffold examined Mabel Oakes. Safford testified in court that Miller ask Dr. Saffold to perform an abortion. Saffold refused.
5 or 6 November 1910 - H. M. Green noticed that Mabel had a very black left eye and the left side of her face was slightly bruised from her eye to her ear with abrasion of the skin between the eye and the ear. Mr. Green testified that he stood in the office doorway and talked to A. C. Grimes and Mr. Miller maybe three or four days before the election during the Fall of 1910.
5-7 November 1910 - Mr. D. R. Frazier testified that he had seen Miss Oakes in Miller's office with a black eye, cheek a few days before the Fall election.
7 November 1910 - Between the hour of twelve and one o'clock. Mr. Charles Wagner spoke with Ms. Oakes as he walked into Miller's office and asked her where Mr. Miller was. Mr. Wagner testified that Ms. Oakes raised her face up and looked like she had been crying. Ms. Oakes mentioned to him that Mr. Miller was in the rear room.
7 - 8 November 1910 - few days before election (Nov. 8), Mabel Oakes was in Miller's office when A. C. Grimes noticed that Miss Oakes was black along the left side of her face and it ran back to about her ear. She also had a black eye on the left side of her face.
8 November 1910 - George Oakes did not see his daughter before she went downtown the morning on election day. He only saw her at bedtime.
9 November 1910, Wednesday - Mabel Oakes left home about ten o'clock in the morning and was found dead in a portion of the building in which Miller's office was located about three o'clock in the afternoon.
10 November 1910 - Information Filing - State of Oklahoma, County of Woods, vs. N. L. Miller -- "That in the County of Woods, State of Oklahoma, on the 9th day of November 1910, N. L. Miller did then and there, willfully, purposely, without authority of law, feloniously, with malice of aforethought, and with the premeditated design to effect the death of another human being to-wit: Mabel Oakes, by means of a scarf which he the said N. L. Miller then and there held in his hands, which he placed and wound around the neck of her, the said Mabel Oakes, choke and strangle her until she died, as was intended by said N. L. Miller that she should do and that therefore by the manner and means aforesaid, at said time and place he the said N. L. Miller did kill and murder her the said Mabel Oakes." It shows the witnesses for the State: George W. Oakes, Hugh Martin, Dr. Templin, Dr. E. Grantham, Dr. G. N. Bilby, Hugh Martin, George Crowell, Mrs. Carrie Oakes, Dr. Saffold, Dr. Gregg, C. O. Green and Kent Eubank. It was signed and dated November 10, 1910 by in front of the clerk of the county court by George W. Oakes who being of lawful age and first duly sworn on his oath says that he has read and knows the statements and allegations contained in the within information and that the same are true.
10 November 1910 - The following is a list of the coroner's jury impaneled by Judge Lawhon, acting coroner: T. B. Roby, J. T. Herold, G. W. Crowell, R.B. Dugan, C. R. Moore, W. M. Goebel. The jury adjourned until nine o'clock, Thursday morning, November 10, 1910, to await the report of the physicians.
10 November 1910 - Funeral services for Mabel Oakes were held at the Renfrew-Howerton undertaking rooms at three o'clock, 10 November 1910, Thursday afternoon, conducted by the Reverend G. W. McQuiddy
10 November 1910 - Oklahoma City Times, Thursday, Nov. 10, 1910, frontpage -- News Article - Alva Girl Murdered - One Arrest - Alva, Okla.,"With the finding of the dead body of pretty Mabel Oakes, 23-year-old daughter of a well-to-do family here, in the rear of the old opera house block, with a silk scarf tightly wound about the neck late Wednesday, the most sensational murder in recent months was uncovered. The girl had been employed for several months as a clerk in the office of N. L. Miller, justice of the peace. Miller's office is in the front part of the building in which the body was discovered. The girl had failed to go home for noonday lunch, and late in the afternoon the father had started for Miller's office to ascertain the cause of her absence. He was met at the door by Miller, who, with ashen face, told him he had just discovered the body. The police were immediately notified and Miller was arrested and lodged in jail. Miller denies all knowledge of the crime or that he had ever had improper relations with her. At the inquest Thursday physicians testified that death was due to strangulation."
10 November 1910, Friday - Coroner's Inquest
11 November 1910, Friday - Inquest Being Held - news article - Indications Are That Mabel Oakes Was Cruelly Murdered - "Judge Lawhon impaneled a jury this morning for the purpose of holding an inquest upon the dead body of Mabel Oakes, who yesterday was found in a room at the back end of the old opera house, which is directly connected with the office of N. L. Miller, lying upon her back, with her hands carefully folded across her breast, and with every appearance of having died at peace with mankind. Had not she been found in that little back room, where evidences of midnight revels appeared on every side, no great suspicion would have been aroused. Sheriff Martin immediately took charge of the body, placed Miller under arrest and in jail, and this morning the wheels of retributive justice commenced to turn."
11 November 1910 - Renfrew's Record, Alva, Wds Cty, OK - Nov. 11, 1910 - Tragedy In Old Opera House - news article - " Miller's connection with the affair was so plain that Judge Lawhon told him that he would either set a guard to watch him or send him to jail for safe keeping, and Miller said he preferred to go to jail. His request was granted and Sheriff Hugh Martin placed him behind the bars, where he remains at present.
12 November 1910 - The Daily Oklahoman, Saturday, 12 November 1910, pg. 2, Official Accused of Slaying Girl, Inquest Shows Alva Girl Was Choked to Death With Own Scarf, Evidence is Strong, Married Man - Who Employed Her, is Held as Murderer.
12 November 1910 - Oklahoman News article stated, "Accused to Solve Mystery of Death, Oklahoman article - Alva, Okla., Nov. 12 -- N. L. Miller, the justice of the peace who is in jail charged with the murder of Miss Mabel Oakes, announced today that when he was called to trial he would be able to produce the man responsible for the girl's condition. Miller admits he was in love with the girl and says he intended to get a divorce and marry her. Around the neck of the girl when her body was found was a light scarf which was not wound tightly, but which the coroner's jury says caused her death. The jury found that she was strangled. Miller could easily have removed the scarf had he strangled her with it and few of those in Alva who saw the body believe the girl came to her death in that way."
16 November 1910 - N. L. Miller, justice of the peace, in jail charged with the murder of Mabel Oakes. Miller refused bail, he feared the people of the town would attack him if he appeared on the streets. Miller's bail was fixed at $5,000.
16 November 1910 -- Wichita Beacon - Justice of Peace Miller Dares Not Leave Jail on Bail and Remains. "Alva, Okla., Nov. 16. -- N. L. Miller, justice of the peace, in jail here charged with the murder of Mabel Oakes refused bail, today, saying he feared the people of the town would attack him if he appeared on the streets. Miller's bail was fixed at $5,000."
24 November 1910 - Preliminary hearing scheduled, but postponed to December 1, 1910.
25 November 1910, Friday - Alva Pioneer - stated that the Wichita Beacon news article was without foundation, and a lie on its face. The designing writer was condemned by Alva people. The Pioneer reported to keep the public posted on the procedure of this case, and it was their aim to give a full and true account of the evidence as the testimony is taken. - Alva Man Fears Violence - news article dated 25 Nov. 1910
30 November 1910, Wednesday - Attorney Moman Pruiett arrived Wednesday and remained a couple of days visiting the family of his father-in-law, Hon. August T. Sniggs. J. N. Tincher (hired by George Oakes) arrives that afternoon.
1 December 1910, Thursday - Preliminary rescheduled for 10 o'clock, Thursday morning before County Judge R. A. Cameron. Serious illness of County Judge Cameron, the preliminary was been postponed to 2:00 p.m. -- Judge Cameron unable because of alleged illness.
2 December 1910 - Filing - Before R. A. Cameron, County Judge of Woods County, State of Oklahoma. Now on this 2nd day of December, 1910, the case of the State of Oklahoma vs. N. L. Miller, coming on to be heard before the said R. A. Cameron, County Judge, upon Information of the County Attorney, said cause having been continued to this date by agreement of counsel , the following proceedings were had: The defendant N. L. Miller, being present in court in person, and represented by counsel, L. T. Wilson, E. W. Snoddy, and J. P. Grove, waived the reading of the Information, and entered a pleas of not guilty, and waived preliminary examination. Whereupon the Court ordered that the defendant, N. L. Miller, be held in the jail of Woods County, Oklahoma, without bail, to answer the charge contained in said Information, to-wit: Murder in the first degree. -- signed by R. A. Cameron, County Judge.
16 December 1910 - Paul Grove, Jr., has been appointed a justice of the peace, the vacancy occurring on account of the resignation of N. L. Miller.
6 January 1911 - File and enter Information Oath, certificate and seal Recording Information, Woods County Case #612.
9 January 1911 - County Attorney Claud McCrory resigned as prosecuting attorney when public sentiment had arisen that he was stalling. McCrory had to do one or the other ... resign or prosecute Nelson Miller for the death of Mabel Oakes. McCrory resigned and vanished, with the Law Enforcement League send out detectives to find him at no avail.
12 January 1911 - George W. Oakes (Plaintiff) vs. N. L. Miller & N J Lewellen (defendants) "Abstract of Judgement", $79.92, judgement rendered by I. B. Lawhon, justice of peace, filed 18 January 1911.
21 January 1911 - File and enter affidavit, Oath, certificate and seal, File and enter Praecipe (sic) for subpoena Issuing.
27 January 1911 -- The case was entered on Bar Docket. Assignment of case for Trial.
30 January 1911 - File and enter Returned Subpoena.
6 February 1911 -- Served all of the named witnesses personally, except C. O. Green & Hugh Martin by leaving copy at residence. Enter sheriff's fees - Walter Rambo.
8 February 1911 - Enter arraignment of Defendant. Enter order giving defendant 1 day to plead.
9 February 1911 - File and enter Demurrer to Information. Enter on Motion Docket. Enter order overruling defendants Demurrer to Information. Enter Order giving State permission to endorse names of H. F. Ketcham, S. B. Share, Geo. Bell, Ray Close, Geo. Dexter, Claud McCrory as witnesses for State. File and enter Praecipe for Subpoena Issuing. File and enter Receipt of names of Additional witnesses and list of Witnesses in Chief.
15 February 1911 - File and enter Returned Criminal subpoena served on all witnesses in person, except Ray Close (not found). Enter Sheriff's fees - Walter Rambo.
16 February 1911 - File and enter Returned Subpoena served on Dr. B. W. Safford in person. Enter sheriffs fees - J. T. Lamison, Grant County, Oklahoma.
27 February 1911 -- File and enter petition for Change of Venue, Oath, certificate and seal. File and Notice of Application for Change of Venue. File and enter affidavit of N. L. Miller. File and enter Affidavitt of E. P Weaver, E. Westling, Geo. S. Parker, J. D Scott, J. H. Gilmore, E. d. Drake, J. P. Renfrew, Harry E. Mason, J. G. Bittner, D. C. Green, Benj. Dunning, J. M Free, J. F. Bolte, L. W. Bevis, John Luse, C. J. French, J. W. McWilliams, T. J. Dyer, M. T. Wilson, W. W. Hiatt. Enter Order granting change of Venue to Woodward County.
February 28, 1911 -- Enter arraignment of Defendant and an Order giving defendant one day to plead.
February 29,1911 -- Order overruling defendants Demurrer to Information. There were also witnesses for the State added to the list... H. F. Ketchen, S. B. Share, Geo. Bell, Ray Close, Geo. Dexter, Claud McCrory.
1 March 1911 - Henry L. Noah loaned Nelson & Rachel Miller $300, at 10% per annum.
8 May 1911 - File and enter Praecipe for copy of Information making certified copy of Information.
9 May 1911 - Making transcript and certifying same to District Court of Woodward County, including certificates and seals.
11 May 1911 - Filing Dates for Woodward Appearance Docket - The Woodward County filings begins with the filing of transcript,
12 May 1911 - a complete transcript of all the proceedings including all the pleadings and the information in the case was duly filed in the office of the Clerk of the District Court of Woodward County, State of Oklahoma, together with the order granting the change of venue to the said court of Woodward County.
24 June 1911 - File and enter Order Granting Change of Venue. Recording Order Granting Change of Venue. Making 3 certified copies of Order and sent one to District Clerk Woodward County. Walter Rambo, sheriff of Woods County, received an order granting change of venue.
26 June 1911 - Order granting change of venue.
28 June 1911 - Woods County sheriff, Walter Rambo, executed and delivered defendant Miller to the sheriff of Woodward County, Oklahoma, in the city of Woodward.
1 July 1911 - Filing agreement to continue.
7 August 1911 - Filing of Notice of Hearing.
22 August 1911 - File and enter Returned Order Granting Change of Venue. Served by delivering Defendant Miller to Sheriff of Woodward County.
Summer 1911 - Carrie Oakes had typhoid fever. Under oath George Oakes testified when asked he remembered his wife being sick having typhoid fever this Summer. Mr. Wilson asked Mr. Oakes, "Well this summer, didn't she (Carrie) say to you on that occasion. 'George, I know that you killed Mabel and if you will confess it I will have no less respect for you than I do now.'? Didn't she say that to you in substance?"
Mr. Oakes answered, "No sir. Not concerning Mabel, there was no conversation of the kind."
Mr. Wilson asked Mr. Oakes, "Isn't it a fact that after you suspected that Mabel was pregnant that you said that you intended to kill her if she didn't get rid of the child?"
Mr. Oakes testified, "No sir, I never did." Mr. Wilson then asks, "State whether or not you ever shot at Mabel?" Mr. Oakes answered, "No sir, I didn't." Mr. Wilson then asks, "State whether or if you ever shot at Mabel through the door, or partitions or walls of that office?" Mr. Oakes replied, "No sir. I never did." Mr. Wilson then asks Oakes, "Now Mr. Oakes I will give you to refresh your memory, and state whether Mabel did not say in the the presence of you and Miller at Miller's office that Miller was not responsible for her condition?" Mr. Oakes testified that he couldn't remember Mabel saying that to him.
2 September 1911 -- Filing receipt of said N. L. Miller for copy of Information; list of witnesses in Chief; Application to endorse names of additional witnesses; receipt of additional list of witnesses.
4 September 1911 -- There was a drawing from 60 jurymen; issuing summons to draw jury; Filing stated depositions taken by W. M. Bickel, Alva, Oklahoma; Filing of Order to deliver Miller to Woodward >County.
5 September 1911 -- Filing of subpoena of Dr. B. W. Saffold.
5 thru 12 September 1911 - State's Rebuttal Witnesses were heard after the Defense produce it's witnesses.
6 September 1911 -- The empanelling of a jury of the peers of the said defendant was begun and completed on the 7th day of September, 1911.
6 - 7 September 1911 - Jury picked to hear the murder case of N. L. Miller. Jurors: H. C. Thompson (foreman), George B. Welty, J. A. Rhudy, Lewis (Louis) M. Philips, E. A. Yeager, Ray (Roy) Halloway, Earl McDowell, M. B. Wallace, J. T. Israel, Harry McGriff, J. A. Hampton, John Chambers.
8 September 1911 -- Swearing fifty-two jurors; swearing twelve witnesses; swearing the empanelled jury and twenty one witnesses.
12 September 1911 - Instructions to the jury were filed in the District Court of Woodward County, Oklahoma. Filing Instructions, Motion and Special request for instructions. After a full, complete hearing of the evidence in Case #714 and the instructions of the court, the argument of counsel the case was submitted to the jury and the jury found a verdict and brought it into open court.
12 September 1911 - Jurors Verdict was filed in the District Court of Woodward County, Oklahoma
13 September 1911 - a Motion for New Trial was filed in the District Court of Woodward County, State of Oklahoma.File and enter Order served by delivering the body of N. L. Miller to the Sheriff of Woodward County (4 September 1911).
15 September 1911 - Final Judgment and Sentence was filed in the Distrtict Court of Woodward county, Oklahoma. Motion and Arrest of Judgment was filed in the District Court of Woodward County, Oklahoma. Order Extending Time To Prepare and Serve Case Made, upon the application and request of Defendant N. L. Miller, made in open court for an extension of time within which to prepare and serve a case to appeal to the Criminal Court of Appeals of the State of Oklahoma.
18 September 1911 - Defendant filed Application for transcript of Record at County's expense.
26 September 1911 -- Recording Final Judgment and Sentence; Recording Verdict; boarding Prisoner N. Miller.
7 November 1911 - Application for Extension of Time was filed in the District Court of Woodward County, Oklahoma
19 February 1912 - Petition In Error filed with W. H. L. Campbell, Clerk, In the Criminal Court of Appeals State of Oklahoma), Appeal - No. A-1618, N. L. Miller - Plaintiff in Error vs. The State of Oklahoma, Defendant in Error. Nelson L. Miller's prison for Life began.
15 March - 18 May 1912 - Error From the District Court of Woodward County (filed with W. H. L. Campbell, Clerk,In the Criminal Court of Appeals State of Oklahoma) Appeal - No. A-1618, N. L. Miller - Plaintiff in Error vs. The State of Oklahoma, Defendant in Error
29 June 1912 - Brief of Plaintiff In Error, signed by charles West, Attorney General - signed by Matson), Appeal - No. A-1618, N. L. Miller - Plaintiff in Error vs. The State of Oklahoma, Defendant in Error
20 July 1912 - Brief of Defendant in Error (filed with W. H. L. Campbell, Clerk, In the Criminal Court of Appeals State of Oklahoma) Appeal - No. A-1618, N. L. Miller - Plaintiff in Error vs. The State of Oklahoma, Defendant in Error
6 February 1913 - Motion to Advance On Docket filed with W. H. L. Campbell, Clerk, In the Criminal Court of Appeals State of Oklahoma), Appeal - No. A-1618,N. L. Miller - Plaintiff in Error vs. The State of Oklahoma, Defendant in Error
7 March 1913 - 17 July 1912 Letter from Sandor J. Vigg, county Attorney To Charles West, Attorney General, Okla. City, OK, Hon. Charles West, Attorney General, Oklahoma City, OK, filed with W. H. L. Campbell, Clerk, In the Criminal Court of Appeals State of Oklahoma Appeal - No. A-1618
3 May 1913 - Petition For Rehearing filed with W. L. Campbell, Clerk In the Criminal Court of Appeals State of Oklahoma), Appeal - No. A-1618,N. L. Miller - Plaintiff in Error vs. The State of Oklahoma, Defendant in Error.
22 July 1916 - Defendant Nelson Miller makes a voluntary appearance , but reserves until the 1st day of August 1916 in which to plead further in his divorce case.
24 July 1916 - Rachel B. Miller files petition for divorce from Nelson L. Miller. Their four children at this time were Eva & Minta (of age), Lavern (Bert L., 19 years), and George A. Miller (13 years).
4 November 1916 - Journal Entry - Rachel & Nelson Miller's divorce came for hearing and trial. A. G. Sutton represented Rachel Miller. Nelson Miller did not appear either by attorney or himself. Divorce Granted.
9 September 1921 to 9 December 1921 - Nelson Miller's prison card showed: L/A. What is L/A (Leave of Absence)?
23 December 1922 to 23 March 1923 - NelsonMiller's prison card showed: L/A.
23 March 1923 to 23 May 1923 - NelsonMiller's prison card showed: L/A.
23 May 1923 to 23 November 1923 - NelsonMiller's prison card showed: L/A.
14 November 1923 - NelsonMiller's prison card showed: Paroled.
18 December 1929 - NelsonMiller's prison card showed: Citizenship paid.
9 August 1934 - Rachel B. Miller died, Woods County, Oklahoma. Her four children were: Eva Hofer (widow), living in Los Angeles, California; Minta L. Couch (husband Morrison R. Couch), living in Longview, Washington; Bert L. "Lavern" Miller, (wife Elvira Miller) living in Los Angeles, California; and George A. Miller (wife, Jennette Miller) living in Colorado Springs, Colorado.
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