The Preliminary - November 24, December 2, December 8, 1910
The Prosecution...
The Defense...
The County Judge...
Filings...
Old Opera House Murder - The Preliminary...
(left - Judge R. A. Cameron)
The Prosecution in the Woods County Case #612 consisted of: J. N. Tincher - Medicine Lodge, Kansas, leading Attorney hired by George; Claud McCrory, County Attorney, until January 9, 1911 because of pressure from outlying sources calling for him to resign or prosecute; Moman Pruiett, son-in-law of the Hon. August T. Sniggs of Alva, Oklahoma, Oklahoma City criminal lawyer engaged by the Law Enforcement League to help prosecute the case for a sum of $3,000.
As we already know, the Law Enforcement League was established, funded with the purpose of enforcing local moral standards, whether they dealt with booze, kissing in motion pictures, separation of races, or investigating the backgrounds of newcomers to be sure they were morally and socially acceptable to the town fathers. Also, the Law Enforcement League was a chief heckler of Moman Pruiett, because Pruiett usually would be on the Defenses' side of the table and would win his cases while making the League look bad. The League spent money, hours and detectives looking for Claud McCrory in order to subpoena McCrory as a State witness.
The Defense side of the table consisted of: Erskine W. Snoddy, Judge L. T. Wilson and Chris H. Mauntel.
The preliminary hearing was originally scheduled for Nov. 24, 1910, but by mutual consent of attorneys it was postponed until December 1, 1910, Thursday, 10 o'clock a.m. County Judge Cameron came down with a serious illness and the 10 o'clock a.m. hearing had to be postponed until 2:00 p.m. By the time 2:00 p.m. rolled around Judge Cameron still felt unequal to the task of presiding and the preliminary was again postponed until 9 a.m., Friday, December 2, 1910. due to Judge Cameron's ill health.
Moman Pruiett, a celebrated criminal lawyer of Oklahoma City , employed by the Law Enforcement League for the prosecution, arrived in Alva, Wednesday November 30, 1910, in the afternoon. After looking over the case he insisted that Mr. Tincher should be present if possible. Tincher was reached by phone Thursday morning and made a trip by auto to Kiowa, Kansas where he caught the one o'clock Santa Fe and arrived in Alva that afternoon.
The preliminary hearing scheduled for December 1, 1910, Thursday, 10:00 a.m. because of Judge Cameron's serious illness, was postponed until 2:00 p.m. By the time 2:00 p.m. rolled around Judge Cameron still felt unequal to the task of presiding and the preliminary was again postponed until 9:00 a.m., Friday, December 2, 1910.
On December 2, 1910, the following filing was filed 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 Judgeî
December 8, 1910 came around 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 Chris H. Mauntel for the Defense. The accused N. L. Miller was also present and the court room was crowded with spectators, except for the students of the Normal school.
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, 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.
This introduction of testimony of Dr. Saffold brought an objection to the proceeding from the defense counsel 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.
There was sparring between Judge L. T. Wilson and Attorney Moman Pruiett in the preliminary, but the local newspapers reported that it produced no serious results.
Dr. Saffold was sworn and testified, ìMiller 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. 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.î Dr. Saffold's testimony was very damaging to the defense and Miller was then held without bail.
The local newspapers reported, "The strong array of legal talent on both sides of this case was promising to make this case one of the most interesting in the annals of western Oklahoma and it will be strongly contested till ended.î
According to Renfrew's Record, Vol. 10 No. 4... "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 sequently he was not present in the morning."
There was a full account of the case including findings of the impaneled jury at the Coroner's Inquest.
Chapter IV - Change of Venue
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