Old Opera House Murder

Old Opera House Mystery
9 November 1910 - Alva, Oklahoma

Dr. Edwin DeBarr - Expert Witness for the State

During this time - 1910... DeBarr resided in Norman, Oklahoma. He also held a Chair of Chemistry at Norman, Oklahoma's University for nineteen years. He was also a Graduate of Michigan State Agricultural College and Michigan State University. Dr. DeBarr also study at Chicago University.

Dr. DeBarr received only the stomach of Mabel Oakes from Dr. Bilby of Alva, Oklahoma, for the purpose of making an analysis of what was in it and its condition. DeBarr received the stomach by express, shipped by Wells Fargo & Company Express, that was shipped in a box containing the jar with Miss Oakes stomach.

Dr. DeBarr testified that he found 1/4 of a grain of strychnine and 3/4 of a grain of morphine. He testified that the quantity he found in the stomach was not sufficient to produce death. He also found all the inner coating of the stomach congested -- little spots, which the physicians call ecchymosis -- little ecchymotic spots where the blood had collected. There was also a slight odor of whiskey.

Mr. Pruiett (one of the State's prosecuting attorneys in the Miller Case) asks the courts permission to prepare and ask the doctor this hypothetical question....

"Doctor, take the body of a girl twenty-three years of age; robust girl, having a normal heart; the right heart being filled with blood of a dark color; liquid, dark liquid color; found in a room with the hands laying peacefully across the chest; the face very dark, in fact almost black, and the eyes slightly protruding; lips almost closed, slightly open; clear white part of the eyes bloodshotten in both eyes, and the lips protruding; tongue slightly protruding between the teeth; body found lying on her back, straightened out; the feet together; there was a white scarf -- this scarf was drawn very tight twice around the neck, very tight, and the ends turned back and resting beneath the head; the scarf being pressed deep into the skin, but it didn't cut the skin, but the skin was bulging out above the scarf; face contorted and discoloration above and below the scarf; the face and whole head was very livid, almost black, and the face and the neck; the flesh protruding out over the scarf and when the scarf came off it left the impression all round -- left the wrinkles in the skin -- there had been an evacuation of the kidneys; there had been a very slight evacuation of the bowels; Ecchymosis around under the neck and on the chest; there was ecchymosis or an ecchymotic condition both on the front part of the chest and on the back of the neck and around over the shoulder blades; the lungs were congested and the stomach containing an ecchymotic condition and a little bloody froth or mucous coming from out of the mouth and nose, as the body was turned over; finding a body in that condition as I have stated with the hands folded on the chest, from your experience as an expert and physician are you able to state what produced death?"

The Defense attorney, Mr. Swindall & Mr. Wilson -- Objected to as not the proper hypothetical question as containing statements that have not been shown to exist, in fact; and also as incompetent, irrelevant and immaterial, and for the further reason that the witness has not shown himself to be a physician and a doctor, and not qualified to speak on the subject, and as invading the province of the jury, being a question solely for them to answer, pass upon and determine. Mr. Wilson also stated, "And for the further reason that the question contains statements that are contradictory to the evidence in this case."

The Court -- Overruled. To which the ruling of the court the defendant then and there duly excepted at the time.

Dr. DeBarr -- Was able to state, but there was one statement in there -- that he said he was not a practicing physician -- That death was by strangulation. DeBarr testified that Mabel Oakes came to her death by strangulation by another person aside from herself.

Mr. Swindall Cross examines Dr. DeBarr...

Mr. Swindall asked Dr. DeBarr and DeBarr responded that he was not a physician and was never admitted to the practice of medicine. He testified that he was a Pharmacist and Toxicologist. He also testified that he had on occasion to examine a person in Michigan that met death by strangulation about twenty-five years before. He had seen about three or four strangled persons in the state since then.

Mr. Swindall put this question to Dr. DeBarr -- "Now taking this condition that has been described about this deceased, and say adding to it the further condition that the deceased had been afflicted with stomach trouble for a year or so and frequently had sinking spells and faint and be unconscious, and also taking into consideration the fact that she was tightly laced about the waist and wore a scarf rather tight about her neck, and she would fall in one of those spells, what would be the difference in the condition, her there by herself or strangled by another?"

Dr. DeBarr responded, "It would depend altogether on the position of the scarf, the manner in which it was tied."

Mr. Swindall then asked, "The scarf was not tied at all, just drawn tightly about her neck, wrapped twice around her neck and the ends back under the head, and she laying down with her head down, taking a patient having those conditions; that had those fainting spells, that she had to be revived frequently, and had that stomach trouble, with a scarf wrapped about the neck as though starting home on a kind of November day, would fall back in one of those fainting spells, what would be the difference in that and being strangled by some one else."

Dr. DeBarr replied, "That would be strangulation under those conditions and she couldn't strangle herself under those conditions."

Swindall then asked, "If she would go sit down and fall, fall back on a cot or a bed or something in one of those fainting spells, wouldn't the scarf tend to cut off the circulation and respiration?"

DeBarr's response, "If she tied it tight enough to imbed it in the skin and shut off all access of the air, but it would be impossible for the patient to get the scarf in the position of the hypothetical question. That is, in the position stated in the hypothetical question."

When asked what is the difference in her appearance or condition if she were to strangle herself or if someone else strangled her, Dr. DeBarr said, "Not any necessarily, if she strangled herself, but the conditions of the hypothetical question preclude her doing that.

The scarf as described to DeBarr was twice around the neck and the ends resting back of her neck, tucked in behind and she was found with her hands resting on her chest.

After much discussion about how the scarf was placed and worn about the neck, Dr. DeBarr did not think it would be possible for her to fall and strangle herself. Even if that scarf was drawn tightly below the hyoid bone, drawn tightly that way, and brought over and crossed again, brought back and crossed as tight as you could and would then faint or fall over.

BUT... DeBarr did say, "It would strangle her it it was drawn tight enough, but not the way you are describing. There is no known instance of that kind."

As to the strychnine... How much does it take to produce death?

Dr. DeBarr responded, "The smallest known dose, even with children, is one-half a grain; three-fourths of a grain is the smallest generally recorded, there is one exception to it."

When asked if he (DeBarr) examined any other organs except the stomach, DeBarr replied, "No sir."

Swindall brought out to the jury's attention and DeBarr substantiated it that, All the strychnine taken in a dose doesn't remain in the stomach. It goes to the liver and the kidneys also. You wouldn't know how much strychnine there was in the whole body if you only examined the stomach?

Swindall asked Dr. DeBarr, "Would it go to any other organs besides the kidneys and the liver?

DeBarr responded, Morphine does. Yes sir if you waited long enough it would go to all the organs of the body."

When asked how much morphine does it take to produce death, DeBarr replied, "About the smallest dose to produce death is three grains."

Dr. DeBarr also testified that strychnine tends to excite a person or stimulates them. It is given in very small dose. As to a person that has strychnine in their system being harder to strangle than a person that didn't have it in their system -- It depends upon how much they had. DeBarr did not think a fourth of a grain would produce any effect. It would be modified by the morphine that was in there. The 1/4 of a grain of strychnine and 3/4 of a grain of morphine would tend to change the physical strength of the body -- It would very materially lessen the activity.

Dr. DeBarr did not know why they didn't send the heart along with the stomach for him to examine.

Swindall asked DeBarr, "Now in case that a person had strangled and that the cord was drawn tight as explained to you in the hypothetical question, below the Adams Apple, or the hyoid bone, what effect would that produce on the tongue and the eyes?"

DeBarr's response was, "It would tend to cause a bulging out of the eyes and a little protruding of the tongue." He also said there would not necessarily be an extensive bulging out of the eyes. Not so much as it would if placed up higher. The features would become distorted.

Swindall asked DeBarr, "Supposing that a party had stomach trouble and had fainting spells and had indigestion to such an extent that lacing and indigestion caused these fainting spells -- would that produce any organic change in the heart?"

DeBarr respond, "Not necessarily, no sir. There is a certain sympathy between the heart, lungs and stomach all the time but not specially because the stomach is deranged." DeBarr also stated that the action of the stomach on the heart causing the sinking spells -- The pressure upon the heart, the pressure of the stomach upwards could cause the sinking spells.

Under Direct examination by Mr. Pruiett -- DeBarr testified that taking strychnine and morphine and whiskey in moderate doses as found in Miss Oakes stomach would produce a stupor in a very short time.

Carrie (Howard) Oakes Testimony