As to Mr. Lewellen's testimony that Miller stated to him that he (Miller) went out driving with Mabel on one occasion and that it took Miller an hour and a half to accomplish the act of sexual intercourse with her at that time.... Miller stated that was never said to Lewellen. 

The circumstances (as explained by Miller) relative to that conversation of what did occur and the statements about her going with you to the country and about her crying the next day went something like this... "Well we went to the country on Saturday, -- I couldn't what month it was. It was along in the fore part of the Spring of 1910. There was some clients of mine came to me at my office and wanted me to arbitrate as a Justice of the Peace, in a matter of a division fence. The object of the arbitration and to get the fence moved was to get room for a public road splitting a section of land in halves, and they both contended that this fence was on the line, but the line to the other quarter on the other side of the section, the west side, lacked about six feet of being in line with this fence that they came to me about. I don't remember their names now, it was immediately west of Alva. Exactly six miles to the first corner that goes west from the Normal School at Alva; striking the southeast corner of the section that I refer to. In order to know the situation I had to go out there. I was very busy at the time and I selected the next day, Sunday, to go out and view the situation. They were to meet me on the ground at a certain hour, three o'clock in the afternoon, and I would ride through on the line, clear through in my buggy and place myself in possession of the facts as they both contended, so that I could properly arbitrate that line fence. They had entered into an agreement, verbal, in my presence to both stand by my decision, and Mabel Oakes was in the office and knew all about that conversation, and when she got ready to go home that night she said to me, 'You will not be down to the office tomorrow afternoon?'" 

Miller said, "No. I am thinking of going out in the county," 

Mabel said, "Will you be in the office in the forenoon?" 

Miller said, "I don't know whether I will or not." I usually sleep late on Sunday morning and go to the post office and if I don't get any important mail I generally go to the river or some place else for a little outing. That was about the only time I had to get out of the office. 

Mabel said, "I wanted to write some letters and I thought I should come down and write some letters and I thought I would come down and write them on the typewriter."

Miller said, "You have got a key, come down any time you please." Then Miller mentioned that Mabel wanted to know if it would be all right if she went out in the country with him. She said she had been housed up all summer up to that time and had not been out of town in fact.

Miller says, " I hardly think it would do," Miller's explanation that Mabel was a very innocent girl, apparently wanted to do the right thing at all times.

Mr. Miller mentioned that the trip was in the "fore part of the summer or spring. It might have been as early as March, 1910. I couldn't say exactly as to the date. My office was turned bottom side up when I was arrested and I know very little about what happened only what I remember. " 

It was the next day that Mabel came down to the office the next morning late, and explained when she came in why she was crying? Miller explained to the court and jury that Mabel.... "Came in late, I think as late as nine o'clock, maybe half past. I know it was later than usual. I want to say in explanation that she wasn't working full time for me at that time. She was only working part of the time. her arm was still in the sling and she couldn't very well use but one hand.

Miller mentioned that he had seen there was something on her mind that showed on her face... "She wasn't exactly crying. I seen she looked sad. What I term distracted about something. I asked her what was the matter."

Mabel said, "My arm pains me very bad and I had a little experience down town that made me feel bad. I had to go down to the drugstore to get some morphine tablets to alleviate the pain."

Mabel told Miller that when she had gone into Mr. Greenlee's drug store to get some morphine tablets, he called her down very roughly and insulted her about her being out riding in the country with Mr. Miller. Mabel didn't think it would do any hurt." 

Miller said, "It has not done any hurt, but it causes people to think less of you, that's all." That is when Mabel began to cry. Miller said that Mabel would cry off and on all day. There were tears in her eyes. She was naturally very tender hearted, and either that evening or the next evening, she met Miller in front of a place that he was operating called the Electric Theatre, where he spent his evenings. That is when Mabel said, "If you mean to I wish you would go down and talk to Mr. Greenlee about his calling me down about riding with you." 

During the day (9 November 1910), Miller stated that he made several trips between his office and the republican, democrat headquarters checking on the general election returns. He also mentioned that he made a few trips with friends to his house and the pool hall (the pool hall was across the street west of the Republican headquarters on the north side of the square). The Republican headquarters, north side of the square, east of the center street of the square, the first building over a bank (Union State Bank). To get to the Democrats headquarters you go a block west -- cross the street, (eighty feet) and a block (400 feet) -- cross another eighty foot street to the corner of the square -- turn south cross an eighty foot street, and nearly across the block going south to the Democrats Headquarters (Jackson's Cigar store). 

The distance from the republican headquarters to the democratic headquarters was estimated by Miller in his testimony being between nine hundred and a thousand feet. 

The day of the Old Opera House Murder... Mr. Miller mentioned that Mabel came to his office around eleven or twelve o'clock, 9 November 1910. Miller also mentioned that S. B. Share was there about the noon hour concerning some court business that Miller had on his docket. J. C. Snoddy was there talking over the election news with Miller.

Mr. Miller stated that he had gone over to the republican headquarters about twelve o'clock on that day. Miller also remembered two, three times going over to the republican headquarters to check on election returns.

Mr. Miller's story was, "Well I would think about half past twelve just as near as I have any way of knowing exactly, Cook Snoddy drove up to my office and got out and came into the office and we talked a little while and we went out and got in his buggy and drove up to my house. I would say probably we stayed there five or ten minutes and, --- drove up to my house and I went in the house and came back out and got in the buggy and drove back to my office again, and went back into the office and when we left the office Mabel Oakes set in the chair at the typewriter. When we came back she wasn't in the office but was standing in the door (Indicating). This door right here, and that partition going through from the back room from the office to the little open room that had no roof on it. She was right here at this wall standing leaning up against the door. I went up to her, Mr. Snoddy following me and he followed as far as that door, and I seen that somebody else was there that I don't know who it was, I don't know whether I knew who it was then or not. I never spoke to him nor seen him since that time."

The post office lays from the Old Opera House... Two blocks and a half west, a block north. 

This is just a slight summary of what Mr. Miller's testimony held. To get the full testimony Click on Miller's Testimony to read more about the Prosecuting attorneys cross-examination of N. L. Miller.