Nelson L. Miller's Cross-examination
Cross Examination by Prosecution
(County Attorney Sandor Vigg, Mr. Tincher and Moman Pruiett)
Mr. Tincher, "You heard Dr. Saffold's testimony did you?"
Mr. Miller, "Yes sir."
Mr. Tincher, "You heard him state that you solicited him to ascertain whether she was pregnant?"
Mr. Miller, "I don't remember that he said 'solicited him to examine her as to pregnancy' but to examine her as to her trouble, is my recollection of his testimony."
Mr. Tincher, "You heard his testimony where he stated that within half an hour after he made that examination you came to his office?"
Mr. Miller, "Yes sir."
Mr. Tincher, "Do you know where his office is in the city of Alva?"
Mr. Miller, "Yes sir."
Mr. Tincher, "Did you go to his office?"
Mr. Miller, "Not at that time, no sir."
Mr. Tincher, "Did you ever go to his office concerning Mabel Oakes?"
Mr. Miller, "Yes sir, I went with her once."
Mr. Tincher, "Did you go to his office after he made the examination in which he ascertained that she was pregnant?"
Mr. Miller, "Not that examination no sir. Between the two examinations."
Mr. Tincher, "Did you, Mr. Miller, did he tell you at his office that Mabel Oakes was pregnant?"
Mr. Miller, "He told me that he had a very strong suspicion that she was pregnant."
Mr. Tincher, "You heard the doctor testify that you asked him to commit an abortion upon Mabel Oakes?"
Mr. Miller, "Yes sir."
Mr. Tincher, "You say that is false now do you?"
Mr. Swindall, "Objected to as incompetent, irrelevant and immaterial. Not proper cross-examination. One witness cannot pass judgment on another, that is for the jury."
Mr. Tincher, "Withdrawn. Did you say that to Doctor Saffold?"
Mr. Miller, "Say what?"
Mr. Tincher, "Solicit him to perform an abortion?"
Mr. Miller, "No sir."
Mr. Tincher, "Did you say to him that you had some experience in medicine and had studied medicine and if you had the instruments to perform an abortion that you could perform it yourself?"
Mr. Miller, "Not in so many words. He and I talked on the subject like this. I believe as near as I remember it. It was over a year ago that we had the conversation that led up to that."
Mr. Tincher, "Answer my question if you will?"
Mr. Miller, "What was your question?"
Mr. Tincher, "Did you say to Doctor Saffold that you had experience in medicine and had studied medicine and could have been admitted to the practice of medicine, and that if you had the instruments or tools that you could perform the abortion on Mabel Oakes, yourself?"
Mr. Miller, "No sir. I said part of that. If you will let me explain. I didn't say that I had studied, but I did say that I had studied medicine when I was a young man. In fact when I was a boy not over fifteen years old I commenced it. I did say to Doctor Saffold something about the tools to commit an abortion with. I am not sure what I said. I didn't say what he said, that is, if I had the tools I could produce it myself. I didn't say that, but we talked about the abortion at the same time that we talked about my studying medicine, and Doctor Saffold isn't very far wrong with his testimony only as to my asking him to produce an abortion."
Mr. Tincher, "Did you say anything to Doctor Saffold about having a friend at Wichita, Kansas that would produce an abortion?"
Mr. Miller, "I said if I had anything to do with sending her away I would send her to Wichita."
Mr. Tincher, "Didn't you say, 'I have a friend in Wichita that will produce the abortion'?"
Mr. Miller, "No sir, I said if I had anything to do with it that I had a friend there that I could rely on."
Mr. Tincher, "And you said that in connection with the conversation concerning the production of an abortion on Mabel Oakes, didn't you?"
Mr. Miller, "It was in relation to her in some parts of it. That was the only talk we had at that time, at that particular time."
Mr. Tincher, "Then you stated that you did say something to doctor Saffold about if you had the tools or instruments about your being able to perform an abortion, in connection with your conversation concerning an abortion on Mabel Oakes?"
Mr. Miller, "No sir."
Mr. Tincher, "Did you talk with him about an abortion with any other person?"
Mr. Miller, "No sir."
Mr. Tincher, "What abortion were you talking about then?"
Mr. Miller, "He was talking about the abortion; I hadn't a word to say about it."
Mr. Tincher, "Where was that?"
Mr. Miller, "In my office."
Mr. Tincher, "Why did Saffold mention the matter to you?"
Mr. Miller, "Because I had placed Mabel in his care as to her fainting troubles some two or three months before that and he had been tending her right along."
Mr. Tincher, "Where was Mabel when you last seen her alive?"
Mr. Miller, "Standing -- I can show you on the diagram there. Standing at this door right there, going through into that open space right here. With her arm up on the jam of the door and her head laying on her arm like this. With her back to me."
Mr. Tincher, "Which side of the door was she on?"
Mr. Miller, "The south side of the door."
Mr. Tincher, "What did you say to her when she was standing there?"
Mr. Miller, "I asked her if there was anything that I could do and she said "No." I says "Don't you want me to take you home in my buggy" and she said "No," she said she would be able to go home herself. She said she was feeling better already. That was after I had given her a little drink of whiskey."
Mr. Tincher, "How did you go to your office that morning?"
Mr. Miller, "I think the first time, going from home to the office, I took the horse and buggy, but I might have walked down and had the boys bring it. I often had them bring it down."
Mr. Tincher, "Did you go down on your bicycle?"
Mr. Miller, "I could have. I often rode a wheel."
Mr. Tincher, "What part of the opera house did you have wheel in that day?"
Mr. Miller, "That little place there in front. I had two wheels in there. This little place, right in there (Indicating on plat) was where I always kept them."
Mr. Tincher, "Your memory is good about what happened that day, isit Miller?"
Mr. Miller, "Yes sir, on most things."
Mr. Tincher, "Did you have your bicycle out of that place there on that day and riding it about town?"
Mr. Miller, "I was riding a bicycle, I don't know whether it was my own or not. I picked up one down town, I know. I seen a wheel laying there on the sidewalk and I wanted to take a ride and I done as I expected others to do by me or by my wheel. I took a ride and fetched it back and left it there."
Mr. Tincher, "Now... answer my question. I want to know if you had your bicycle out and riding it about town that day?"
Mr. Miller, "I couldn't say as to that. I have no definite recollection in regard to that. I know I was riding a wheel. I don't know whose it was."
Mr. Tincher, "Where do you remember riding a wheel?"
Mr. Miller, "From the republican headquarters down to Jackson's cigar store and back again."
Mr. Tincher, "Did you ride a wheel and other time that day?"
Mr. Miller, "I might have rode another time. I am not sure whether I did or not that day. I know right close to that time I rode out in the west part of town, but I don't know whether it was that day or not."
Mr. Tincher, "Don't you think if you taken your wheel out of that place there, that day that you would remember it?"
Mr. Miller, "I don't know why. I had it and used it almost every day of my life."
Mr. Tincher, "Did you have a guard on your pants when you discovered the body of Mabel Oakes?"
Mr. Miller, "I would presume that I had, I couldn't say as to that. I always had a guard in my pocket, in my coat pocket and I tore my pants several times getting on without the guard and I always carried it with me."
Mr. Tincher, "Did you ride a wheel to the republican headquarters that day when you went there from your office?"
Mr. Miller, "I don't think so. I am not positive about that. For the reason that I so often ride a wheel, and I cannot distinguish that day from any other."
Mr. Tincher, "You remember going to the republican headquarters don't you?"
Mr. Miller, "A good many times."
Mr. Tincher, "Before you saw Mr. Mauntell?"
Mr. Miller, "Yes sir, several times."
Mr. Tincher, "Do you know how you went there when you went from your office, whether you rode your wheel?"
Mr. Miller, "I know I rode a wheel away from there but I don't remember, --- I don't believe I had my wheel there at that time. That is my recollection. I am not positive about that."
Mr. Tincher, "Did you have your wheel guard on your pants when you were talking to Mauntell?"
Mr. Miller, "I might have had it on. I often left it on two or three hours, because I would forget to take it off. I don't know whether I did or not."
Mr. Tincher, "You say Mr. Snoddy was with you when you saw Mabel that last time that you saw her alive?"
Mr. Miller, "I don't know that it was at that time. He was there when she was there. I know he was there when she was there and I know we passed on out of the office into the back room together to get a drink of whiskey because he objected to the front for some cause, he didn't want to drink in her presence. He objected to drinking in her presence."
Mr. Tincher, "You didn't, though, did you?"
Mr. Miller, "Not particularly, although, I walked out."
Mr. Tincher, "Where was your whiskey that you and Snoddy drank out of when you came back from the trip you made up to your house?"
Mr. Miller, "In my pocket at the time."
Mr. Tincher, "In your pocket at that time? When you saw Mabel standing there which way did you go; standing in that little room where you last saw her alive?"
Mr. Miller, "I came into the room and saw her there and went back out into the main office and left her standing there."
Mr. Tincher, "And you had the whiskey in your pocket then did you?"
Mr. Miller, "I didn't at that time. I don't know whether it was that time or the time previous to it. I had been back and forth there two or three times."
Mr. Tincher, "How long was it after that time that you saw Mabel Oakes there alive that you went into the opera house and came out that front door and fastened the front door?"
Mr. Miller, "She was standing there at the time I did that."
Mr. Tincher, "Didn't you say on direct examination that was just when you and Mr. Snoddy returned from the trip up to your house?"
Mr. Miller, "Immediately afterwards."
Mr. Tincher, "And you returned that trip about twelve-twenty?"
Mr. Miller, "I fixed the time as I remember it as about the time that Mrs. Amis went along there the last time. I have no way of knowing exactly."
Mr. Tincher, "Do you say that Mr. Snoddy was in your office when you locked the front door of that opera house?"
Mr. Miller, "No sir, I think he had went out then."
Mr. Tincher, "Did you say that Mabel Oakes was then standing in that little room when you locked that door?"
Mr. Miller, "Yes sir."
Mr. Tincher, "You left her standing by that door jam did you?"
Mr. Miller, "Yes sir."
Mr. Tincher, "Was she standing there when you went out and locked the front door of the opera house?"
Mr. Miller, "Yes sir."
Mr. Tincher, "And you state now will you that you went around to get some whiskey, in the ticket office?"
Mr. Miller, "Yes sir."
Mr. Tincher, "And that you had a bottle of whiskey in your pocket when you and Snoddy were inside?"
Mr. Miller, "When I went through there I put the bottle of whiskey in that box where I drank it afterwards."
Mr. Tincher, "Oh, you left that bottle in the box?"
Mr. Miller, "Yes sir, part of a bottle. I think there was a little in it."
Mr. Tincher, "And you went on by where Mabel Oakes was standing and passed through that little opening and went into the opera house and into the ticket office?"
Mr. Miller, "Yes sir."
Mr. Tincher, "And got another bottle of whiskey and took a drink out of it?"
Mr. Miller, "Yes sir, and left it right there."
Mr. Tincher, "Then you went out at the front door of the opera house and locked it?"
Mr. Miller, "Yes sir."
Mr. Tincher, "And went back and stepped into the front door of the office?"
Mr. Miller, "Yes sir."
Mr. Tincher, "Did you see Mabel Oakes at that time?"
Mr. Miller, "No, sir, she was standing in the next room that was the outside door."
Mr. Tincher, "She wasn't in your sight at that time?"
Mr. Miller, "No sir."
Mr. Tincher, "How long did you stay in that office at that time?"
Mr. Miller, "I don't believe I can remember. I don't think I can refresh my memory any way as to the exact time. It was just a very short time I know that."
Mr. Tincher, "How much whiskey did you leave in that bottle in the ticket office when you took that drink?"
Mr. Miller, "I think I drank the last there was in the bottle."
Mr. Tincher, "But just before you had put a bottle of whiskey in this box in there?"
Mr. Miller, "I think that is the time, I am not sure. It was when I and Mr. Snoddy took the drink and after we had done that he wanted the balance that was left in that bottle and I went back in there and got it and gave it to him and he took it away with him."
Mr. Tincher, "Where did you see Snoddy after you came by Mabel standing here in the door and came out through here and got the bottle?"
Mr. Miller, "I don't know that I ever seen him after that. I am not sure which trip it was. Mr. Snoddy and I separated and I gave him the bottle out of the box and I am not sure whether it was that time or some other time. We had been in there two or three times, that is, I had, after we seen her standing at the door he wouldn't go back in that room again."
Mr. Tincher, "When you were out to your house with Mr. Snoddy you had a bottle in your pocket did you?"
Mr. Miller, "Yes sir. When I came back to the office."
Mr. Tincher, "Didn't you have it when you started to your house?"
Mr. Miller, "No sir."
Mr. Tincher, "Where did you get that bottle of whiskey?"
Mr. Miller, "Well I got it."
Mr. Tincher, "do you remember where you got it?"
Mr. Miller, "Yes sir. I believe I have a constitutional right to refuse to say."
Mr. Tincher, "do you want to refuse to say where you got that bottle of whiskey?"
Mr. Miller, "I want to if Mr. Vigg as County Attorney is going to use it as evidence against me in the future at any time for transporting."
Mr. Vigg, "I will not use it."
Mr. Miller, "All right I will tell you all about it. I don't propose that that man shall take advantage of me."
The Court, "You don't have to answer unless you want to."
Mr. Miller, "I am willing to answer. I got that bottle of whiskey at my house."
Mr. Tincher, "Was it a full bottle when you got it at your house?"
Mr. Miller, "Full or nearly so."
Mr. Tincher, "What size bottle was that?"
Mr. Miller, "Pint."
Mr. Tincher, "Where did you and Snoddy go from there?"
Mr. Miller, "To my office."
Mr. Tincher, "And then when you and Mr. Snoddy got there you left Mr. Snoddy standing in front of your office and you went in and found Mabel Oakes leaning against the door jam?"
Mr. Miller, "Now there is where that point comes in again. I am not clear yet as to which trip it was I went in that back room from the office that Mr. Snoddy went up to the door and seen Mabel and refused to go back in that room again in her presence."
Mr. Tincher, "About how many trips did you make to that back room while Mabel was leaning against that door jam?"
Mr. Miller, "I couldn't say."
Mr. Tincher, "Do you say that you made more than one?"
Mr. Miller, "Yes sir. I made more than one. Maybe not more than twice. I couldn't say as to that."
Mr. Tincher, "When you left that bottle of whiskey in that box it only had a little in it?"
Mr. Miller, "About two inches I think."
Mr. Tincher, "And it was when you left that bottle that you passed Mabel and went through to this other bottle and emptied it, wasn't it?"
Mr. Miller, "I wouldn't say when I left that bottle; it was close to that time. It was one of those trips out of the front of the office. I don't know which trip it was."
Mr. Tincher, "Didn't you describe to Judge Lawhon that the last time you saw Mabel she walked toward that door of the office?"
Mr. Miller, "No sir. All I said to him was with reference to this door here."
Mr. Tincher, "Is that a door or window right there? (Indicating)"
Mr. Miller, "That is a window."
Mr. Tincher, "Then you never walked into your office and through a door because there isn't a door there, did you?"
Mr. Miller, "No, sir, that is a window. I will say now that you have brought that up about Judge Lawhon, that I think he had reference to ....."
Mr. Tincher, "Just wait, Miller. I haven't asked you that."
Mr. Miller, "Well. I would like to say it. The Judge and I were talking about where I last seen her and what condition she was in? That question came up. I don't know how it came up. It may be just as he says. I haven't a very distinct recollection of what did happen. When I told him that she was staggering toward the back door, she staggered to that door and stopped there."
Mr. Tincher, "You have told the jury about her going through that door there and through to this door and stopped did you see her do that?"
Mr. Miller, "Yes sir."Mr. Tincher, "Haven't you stated to this jury that the first you knew of her being in there was when you and Mr. Snoddy came back from the trip to your house and you discovered her there?"
Mr. Miller, "If I said that, I didn't mean to. I know that is not right."
Mr. Tincher, "Where did you leave her when you and Mr. Snoddy started on the trip to your house?"
Mr. Miller, "Standing at that back door."
Mr. Tincher, "At that door jam?"
Mr. Miller, "yes sir."Mr. Tincher, "And when you came back from your house she was still standing there was she?"
Mr. Miller, "Yes sir."
Mr. Tincher, "You didn't leave her in the front office when you started on that trip to your house?"
Mr. Miller, "No sir. I believe during the interval I did see in my office. Either before or just after I got back."
Mr. Tincher, "didn't you tell the Judge, Judge Lawhon that you missed her by reason of the tag on your door?"
Mr. Miller, "No sir."
Mr. Tincher, "Are you sure you didn't say that?"
Mr. Miller, "Yes sir."
Mr. Tincher, "That you missed her and went back and went to hunting for her and found her in that room?"
Mr. Miller, "Yes sir. I am very sure that that is not the circumstance under which I found her at all."
Mr. Tincher, "You found her when you got back after you went home and got that bottle of whiskey?"
Mr. Miller, "No. I found her when I went in that room after a bottle of whiskey."
Mr. Tincher, "Oh yes, you were going back to the stage to get a bottle of whiskey?"
Mr. Miller, "Yes sir."
Mr. Tincher, "Did you walk into that office at the time that you found her and walk straight through and back after that whiskey?"
Mr. Miller, "Yes sir."
Mr. Tincher, "How long did you sit down in the office?"
Mr. Miller, "Just a few minutes."
Mr. Tincher, "You sat down at your desk a few minutes did you?"
Mr. Miller, "Yes sir."
Mr. Tincher, "And you didn't go right through that room and on back then?"
Mr. Miller, "No sir."
Mr. Tincher, "When you saw her laying dead you went on and got your whiskey just the same didn't you, Miller?"
Mr. Miller, "After a little while. Not right immediately."
Mr. Tincher, "what did you do with that bottle of whiskey?"
Mr. Miller, "I took it back in the front so as to have it handy."
Mr. Tincher, "Where did you put it?"
Mr. Miller, "I think in a box there."
Mr. Tincher, "Mr. Miller had you been corresponding with Mabel Oakes right up to the time of her death?"
Mr. Miller, "Not to amount to anything."
Mr. Tincher, "Hadn't you sent her special delivery letters?"
Mr. Miller, "I have no recollection of ever sending special delivery letters. I might have."
Mr. Tincher, "Isn't that your envelope? (Handing witness paper)"
Mr. Miller, "Yes sir, that is the kind I use in my office."
Mr. Tincher, "Didn't you mail that to her?"
Mr. Miller, "I couldn't say. I don't think so though. I have no recollection of ever mailing that to her, that is, a letter in that condition."
Mr. Tincher, "Isn't that an envelope of yours?"
Mr. Miller, "It looks like my writing is all I can say."
Mr. Tincher, "You know your writing don't you?"
Mr. Miller, "Yes sir."
Mr. Tincher, "Isn't that your writing?"
Mr. Miller, "To the best of my knowledge that is my writing."
Mr. Tincher, "What is the date on the back of that envelope?"
Mr. Miller, "I don't see any."
Mr. Tincher, "Here, the postmark on the front of it?"
Mr. Swindall, "Objected to the instrument is the best evidence."
The Court, "Overruled. To which ruling of the court the defendant then and there duly excepted at the time."
Mr. Tincher, "State the date?"
Mr. Miller, "There is two dates. Oct. 22, 1911."
Mr. Tincher, "What is the date on that?"
Mr. Miller, "It is blotted."
Mr. Tincher, "You don't mean 1911 do you?"
Mr. Miller, "I mean 1910."
Mr. Tincher, "do you know Mabel Oakes handwriting?"
Mr. Miller, "Yes sir."
Mr. Tincher, "Examine that letter and I will ask you if that is not a letter that Mabel wrote you in answer to this letter of October 23rd?"
Mr. Swindall, "Objected to. I object to the form of the question"
The Court, "Overruled. To which ruling of the court the defendant then and there duly excepted at the time."
Mr. Miller, "Before I answer that question I want to read all this letter. I don't know what it refers to until I read it."
(Here witness reads the letter)
Mr. Tincher, "isn't that a letter from Mabel Oakes to you in the handwriting of Mabel Oakes?"
Mr. Miller, "This letter is in the handwriting of Mabel Oakes."
Mr. Tincher, "And it is to you is it not?"
Mr. Miller, "I couldn't say."
Mr. Swindall, "I object to it as not the best evidence."
Mr. Tincher, "Didn't you receive that letter from Mabel Oakes?"
Mr. Miller, "Not that I have any knowledge of."
Mr. Tincher, "Isn't that in answer to a letter that was enclosed in that envelope, from you to Mabel Oakes?"
Mr. Miller, "I don't know anything at all about that."
Mr. Tincher, "You don't remember putting special delivery stamps on the letter that you mailed to her do you? "
Mr. Miller, "No sir."
Mr. Tincher, "You don't remember ever mailing her a letter with a special delivery stamp on it?"
Mr. Miller, "No sir. I might have and I might not. I have no recollection of it."
Mr. Tincher, "but you are quite sure that that is your handwriting?"
Mr. Miller, "Yes sir."
Mr. Tincher, "You may tell the jury --- do you mean to tell the jury that you don't remember ever writing a letter to Mabel Oakes with a special delivery stamp on it?"
Mr. Miller, "Yes sir."
Mr. Tincher, "That letter that you got in Mabel Oakes handwriting was in answer to your special delivery letter wasn't it?"
Mr. Swindall, "Objected to as not the best evidence."
The Court, "Sustained."
Mr. Tincher, "Can you tell from the letter that you hold in your hand that it is in answer to a letter that you wrote her on October 23rd?"
Mr. Swindall, "Objected to. An attempt to get the contents of a written instrument before the jury and not the best evidence."
The Court, "I think you propounded that question to him in proper form a moment ago. I will permit him to answer it again if he has not."
To which ruling of the court the defendant then and there duly excepted at the time.
Mr. Tincher, "Didn't you receive an answer to your special delivery letter of October 23rd or October 22nd?"
Mr. Miller, "I don't know what you mean. Didn't I receive an answer to my special delivery letter? I don't know that I ever had a special delivery letter. I am not positive one way or the other."
Mr. Tincher, "Well that is yours isn't it?"
Mr. Miller, "That is my handwriting that is all I know about that letter, Mr. Tincher."
Mr. Tincher, "You wouldn't address and envelope to Mabel Oakes and then not write anything would you?"
Mr. Miller, "I don't know but what I addressed that up at my office and left it laying there."
Mr. Tincher, "What would be the idea in that?"
Mr. Miller, "I have no idea."
Mr. Swindall, "I object to this argument."
The Court, "Sustained."
Mr. Tincher, "Do you say that you have no recollection of mailing that letter? (Hands witness letter)"
Mr. Miller, "Yes sir. That is what I say, exactly."
Mr. Tincher, "That is your stationery?"
Mr. Miller, "Yes sir."
Mr. Tincher, "And that has a special delivery stamp on it?"
Mr. Miller, "Yes sir."
Mr. Tincher, "What date is that?"
Mr. Swindall, "Objected to as calling for the contents of a written instrument?"
Mr. Tincher, "I will withdraw that question. I here hand the reporter two papers and ask that they be marked Sates Exhibits "Z" and "Y"."
And now at this time the said exhibits are presented to the attorneys for defendant for examination.
Mr. Swindall, "Objected to as incompetent, irrelevant and immaterial. Not cross-examination and wholly foreign to any issues in this case."
The Court, "All he has asked is that they be permitted to have them marked for identification."
Mr. Tincher, "The State now offers in evidence Exhibits "Z" and "Y"."
Mr. Swindall, "Objected to as incompetent, irrelevant and immaterial. Not in any way tending to prove any issue in this case and improper cross-examination."
Mr. Pruiett, "The envelope, if the court please, there might be some doubt about the envelope, Exhibit "Z", as Mr. Miller says he has no recollection of ever mailing that to her, but the envelope marked exhibit "Y" he identifies positively as his handwriting. It is an envelope addressed to Mabel Oakes."
Mr. Swindall, "I object to the statement of the contents of that as not the best evidence."
Mr. Pruiett, "The defendant, if the court please, himself has testified that is his handwriting. Any instrument in writing, anything, any communication or any act upon the part of the defendant or any other fact of intimate relationship between the defendant and the deceased is competent to go to this jury; prior to the death of the deceased. If the deceased lived there in town within a few blocks of the defendant and they were corresponding or communication with each other it is competent to go to this jury. That throws light upon the relationship between him and the deceased. The defendant has testified to certain things, without my presenting that in the presence of the jury if the court please, and I say that this envelope address as his handwriting. I will not say to the court, -- I say we will attempt later on to make the connection, and without stating anything here in the presence of the jury, it is in his handwriting and addressed to Mabel Oakes. If the Court please, here we have this envelope identified by him, addressed to Mabel Oakes, and the postmark shows the date of October 22nd. A special delivery stamp, and we expect to tender to this jury a letter in answer to that in the handwriting of Mabel Oakes in which she answers that, and in an envelope addressed to N. L. Miller. Your letter of special delivery of the 22nd at hand--- "
Mr. Swindall, "I object to the contents of that letter."
The Court, "Gentlemen, you have not come within the rules yet. The objection will be sustained."
Mr. Pruiett, "If we proved that these were addressed to N. L. Miller -- "
The Court, "I don't want to argue with you at all."
Mr. Pruiett, "Very well."
Mr. Tincher, "Mr. Miller, what records were you going to fix up at the courthouse for Mabel Oakes?"
Mr. Miller, "I had no court house records to fix up for Mabel."
Mr. Tincher, "What records was it that you told Mr. Oakes and Mabel you would fix up?"
Mr. Swindall, "Objected assuming something not in evidence."
The Court, "Sustained."
Mr. Tincher, "You were not getting along with Mrs. Miller up until about three or four weeks before the death of Mabel were you?"
Mr. Swindall, "Objected to as not cross-examination."
The Court, "I will permit that question to be answered but I will not permit any examination or anything to be said in regard to their family relations."
Mr. Pruiett, "They brought out the testimony as to him and his family and counsel for the defendant went ahead and said 'Mr. Miller, what do you mean by that?' Mr. Miller then hesitated and counsel insisted on it, and they went so far as to ask him whether it was in reference to Mabel Oakes etc."
The Court, "I will permit you to cross-examine him that far and no further."
Mr. Tincher, "My question is at the time you fixed up your relations with your family, when was that with reference to the death of Mabel Oakes?"
Mr. Miller, "Is that the whole question? Well the time that me and my wife agreed that we couldn't have a divorce at that time was the last day of district court at Alva. And it was in the neighborhood of the 15th of October. 25th or 18th."
Mr. Tincher, "You agreed that you wouldn't have a divorce?"
Mr. Miller, "That we couldn't until the February term of court, court adjourned on that day."
Mr. Tincher, "Do you remember having a conversation with Mr. Lewellen and telling him that, about that agreement and having fixed it up with your wife?"
Mr. Miller, "What do you mean by fixing it up with my wife? That agreement of making the agreement that we couldn't get a divorce then, or the making up with my wife? I want to know which you mean?"
Mr. Tincher, "I don't know which you did. I don't want to go into your personal relations any more than I have to, when you fixed it up with your wife or had the agreement? I want to know if you told Mr. Lewellen about that?"
Mr. Swindall, "Objected to as to what he told Mr. Lewellen as wholly immaterial. And for the further reason that it is intended to impeach and no proper foundation has been laid."
Mr. Tincher, "Why I am not trying to impeach Mr. Lewellen."
The Court, "Overruled."
To which ruling of the court the defendant then and there duly excepted at the time.
Mr. Tincher, (Read)
Mr. Miller, "What I did tell him was, -- I told him enough to make him understand that I and my wife had kinder fixed things up for the immediate present. Or something to that effect, and I couldn't be governed at all by his testimony because, --- "
Mr. Tincher, "Now I didn't ask you that. I asked you to tell the jury the facts."
Mr. Miller, "That is what I am trying to do as far as I can."
Mr. Tincher, "Mabel Oakes had not worked in your office, for you since you had this understanding with our wife had she?"
Mr. Miller, "I couldn't say as to that. I don't remember the exact time that I discharged Mabel Oakes."
Mr. Tincher, "You didn't discharge Mabel did you?"
Mr. Miller, "Yes sir, at her father's request. If you want to know more about it."
Mr. Tincher, "And you went to Mr. Lewellen's house and called Mabel up the night before her death, over the phone?"
Mr. Miller, "Yes sir that I called for her at a neighbors phone."
Mr. Tincher, "And had her come to that telephone and talk with you?"
Mr. Miller, "Yes sir."
Mr. Tincher, "And in that conversation did you arrange with her to see her the next day?"
Mr. Miller, "She told me that she would call the next morning."
Mr. Tincher, "You called her instead of sending her a note didn't you?"
Mr. Miller, "Yes sir."
Mr. Tincher, "And she had sent you a note that day?"
Mr. Miller, "yes sir. She had got word to me some way."
Mr. Tincher, "Do you remember that day of sending her a note?"
Mr. Miller, "I did not."
Mr. Tincher, "Did you write her a note that day?"
Mr. Miller, "Not that I remember of."
Mr. Tincher, "Did you the day before that?"
Mr. Miller, "I couldn't say. I sent her several notes. I couldn't say when that was."
Mr. Tincher, "Who took the notes for you to her?"
Mr. Miller, "Some times by her little brother and sometimes by mail and once or twice by mail, and I am not sure but what I sent one by her father."
Mr. Tincher, "Do you say that you did send a note to her by her father?"
Mr. Miller, "I am not positive. I rather think I did. He and I talked about whether he objected to me sending Mabel notes."
Mr. Tincher, "What were you sending her notes about Mr. Miller?"
Mr. Swindall, "Objected to as not the best evidence."
The Court, "Overruled. To which ruling of the court the defendant then and there duly excepted at the time."
Mr. Miller, "Well part of the time about the money that I owed her and about that trip that she was fixing to go on; either to Oklahoma City or Enid, and I don't think now of any other subject."
Mr. Tincher, "What was that trip to be for?"
Mr. Miller, "I couldn't say."
Mr. Tincher, "Don't you know what she wanted to take that trip for?"
Mr. Miller, "No sir. I will tell you why she was going on that trip for. Her parents forbade her working for me and she told me she couldn't get employment and that she was going to some larger place to either buy, or establish, or learn the clothes cleaning business."
Mr. Tincher, "What were you a married man corresponding with her about that trip for if that is all the interest you had it?"
Mr. Miller, "Well I had quite a good deal of interest in Mabel Oakes."
Mr. Tincher, "You were in love with her?"
Mr. Miller, "Well I don't know what that means. I cannot pass on that as an expert. If you will qualify it so I know what you mean, I will answer you."
Mr. Tincher, "Well I mean its common meaning. You are in love with your wife?"
Mr. Miller, "Yes sir."
Mr. Tincher, "Were you in love with Mabel Oakes?"
Mr. Miller, "I had very high estimation of her."
Mr. Tincher, "And you know Miller that she was going down there to have an abortion committed, don't you?"
Mr. Miller, "No sir."
Mr. Tincher, "That didn't enter into the deal at all?"
Mr. Miller, "No sir."
Mr. Tincher, "Why, you knew that she was pregnant at that time didn't you?"
Mr. Miller, "Yes sir."
Mr. Tincher, "And you were not taking that into consideration in this correspondence with her at all?"
Mr. Miller, "Not in the way of an abortion. No sir."
Mr. Tincher, "do you say that you were not the father of her child?"
Mr. Miller, "I was not."
Mr. Tincher, "You had absolutely nothing to do with that?"
Mr. Miller, "No sir."
Mr. Tincher, "Still you knew the condition she was in?"
Mr. Miller, "Yes sir."
Mr. Tincher, "And yet you had that high estimation that you have admitted in your testimony that you had, and you went ahead corresponding with her?"
Mr. Miller, "Yes sir."
Mr. Tincher, "Is that what you want this jury to understand?"
Mr. Miller, "I want to make an explanation. I want to explain how I became cognizant that Mabel was pregnant and I also want to explain why I still retained a high estimation of her. Her father told me that she was pregnant. That was the first intimation that I ever had of it. And while he was telling it to me and shaking his finger at me and he said 'I would rather see that girl in her grave than in the condition that she is in,' and right then she stepped into the front door of my office, while he was making that declaration. I said, 'Mr. Oakes you wrong me wonderfully, and you have told me something that I didn't know before. And I want to ask you now in the presence of your daughter Mabel to repeat what you have told me, every word.' And he said, 'I will do it.' I said, 'Mabel, sit down and listen to what your father has got to say.' She sat down and he told practically the same story that he had told me. He said he had known for some time that Mabel was in trouble and a very deep trouble and he said, 'I don't have to go any further than to look at your countenance, Mabel, to know that you are in trouble.' I said, 'Go ahead and tell her all of it.' He said, 'I accuse that man, N. L. Miller, right there, of being the author of your trouble.' I say, 'Mabel, what do you say to that.' I say, 'your father accuses you of being pregnant and he accuses me of being the author of your pregnancy,' And she turned at him and said, 'That is not true, and you know that it is not true.' And Mr. Oakes said back to that 'Mabel, you don't need to go to getting mad and trying to create any more hard feelings than already exist,' or something to that effect and he says 'You and Miller make a clean breast of this matter and admit everything and you will find me the same forgiving father and the same loving father that I once was to you.' I say, 'Mabel, what do you say to that.' 'Why,' she said, 'I have nothing to admit as far as you are concerned. I know he has accused you wrongfully.' I say 'I know so to,' and I said, 'Mr. Oakes, I have nothing to admit, only that I think a great deal of Mabel.' That is as near as I can tell it in answer to your question."
Mr. Tincher, "Mr. Miller what did you mean when Oakes said 'Mabel, you and Miller make a clean breast of this matter,' what did you mean by turning to Mabel and saying 'Mabel what do you say to that?'"
Mr. Miller, "I meant that if she said I was guilty I was man enough to not deny it."
Mr. Tincher, "Even if you were not guilty you would not deny it?"
Mr. Miller, "No sir, I wouldn't if she said I was guilty. If she was living today and said I was guilty I wouldn't deny it, because I know she wouldn't say it, that's why."
Mr. Tincher, "But if she would say it you wouldn't deny it would you?"
Mr. Miller, "No sir. I know what the law is on the question. She did deny it; right there to her father and that gave me a chance to say what I did to her."
Mr. Tincher, "During that conversation by you and Mabel Oakes and her father, there wasn't anything said about you not living with your wife, and that you were not getting along will with your wife, and about getting a divorce was there?"
Mr. Miller, "Not a that time."
Mr. Tincher, "When was that?"
Mr. Miller, "That was prior to that time. I would think, I don't know exactly when that was. I think about two months prior to that time, I think."
Mr. Tincher, "That you were talking of getting a divorce and marrying Mabel Oakes?"
Mr. Miller, "I told Mr. Oakes that I had figured that if my wife would accept a proposition of getting a divorce because it was settled that whiskey had separated us, and that I had drank until I felt as if I couldn't do without the whiskey, and that I thought a great deal of Mabel and I told Mr. Oakes so. I said, 'The chances are that I and Mabel will want to get married.' My wife was to get a divorce that was my intention. To let my wife get a divorce and get it by agreement both of us signing affidavits to that effect."
Mr. Tincher, "And when was it Miller that you told Mabel that you wouldn't do that?"
Mr. Miller, "What?"
Mr. Tincher, "That you would not get a divorce from your wife and marry her?"
Mr. Miller, "I never did."
Mr. Tincher, "You never did up to her dying day?"
Mr. Miller, "No sir. The fact is this, that Mabel Oakes died with the belief that I would eventually be her husband, to the best of my knowledge."
Mr. Tincher, "You kept it from her up to her dying day, that you had made up with our wife and didn't intend to marry her?"
Mr. Miller, "No sir."
Mr. Tincher, "What? You didn't intend to marry her did you?"
Mr. Miller, "Yes sir."
Mr. Tincher, "After you made up with your wife, do you mean to tell this jury, that you still intended to marry Mabel Oakes?"
Mr. Miller, "I meant to do just what I said. I didn't tell her about my making up with my wife."
Mr. Tincher, "Mr. Miller, do you mean to tell this jury, now, that you intended to marry a girl that you knew to be pregnant by another man?"
Mr. Miller, "As far as anything I ever said to Mabel Oakes that is true. Mabel died with the belief that eventually I would be her husband."
Mr. Tincher, "Yes, Miller, that is up to within a few moments of her death."
Mr. Miller, "I -- said she died --- with that belief as far as I know."
Mr. Tincher, "Did you tell Mr. Lewellen after you had made this arrangement with your wife that you wasn't going to marry Mabel Oakes?"
Mr. Miller, "No sir, I never told anybody that."
Mr. Tincher, "Mr. Miller, do you say that you didn't have a conversation with Mr. Lewellen the next day after that trip that you described to the jury, that you took her to the country and told him of your efforts of having sexual intercourse with her and how long it took you, do you say that you didn't say anything in that conversation about how long it took you?"
Mr. Miller, "I most assuredly do."
Mr. Tincher, "Who were the parties that you were arbitrating that fence for on that trip?"
Mr. Miller, "I don't remember the names."
Mr. Tincher, "How long have you lived at Alva?"
Mr. Miller, "About fourteen years."
Mr. Tincher, "And those people lived within six miles of there?"
Mr. Miller, "Yes sir."
Mr. Tincher, "And they thought enough of you that both sides agreed to let you arbitrate that matter for them, is that right?"
Mr. Miller, "They both knew me. Not any more, though, than knowing that I was Justice of the Peace and probably they had been directed there by someone else."
Mr. Tincher, "Well did they meet with you out there that day to view the fence?"
Mr. Miller, "One of them did, I don't believe they both did."
Mr. Tincher, "Who was he?"
Mr. Miller, "I don't know."
Mr. Tincher, "What kind of a looking man was he?"
Mr. Miller, "I don't know. He was a man that lived on one of these quarter sections; I wasn't acquainted with these people."
Mr. Tincher, "Do you know the section and number of that land?"
Mr. Miller, "No sir."
Mr. Tincher, "Have you made any effort to have either of those men here?"
Mr. Miller, "No sir."
Mr. Tincher, "You know the location of the country out there do you?"
Mr. Miller, "Yes sir. It is right where I located it in the testimony."
Mr. Tincher, "Which direction was that from Alva?"
Mr. Miller, "That is according to the direction you go -- to go out there. It is six miles due west of the street that passes the Normal School, which is a section line. That section line strikes the southeast corner of the section on which this division fence ran through, and the division fence ran east and west."
Mr. Tincher, "Who gave you those directions?"
Mr. Miller, "The men that were talking to me?"
Mr. Tincher, "Did he have whiskers or not?"
Mr. Miller, "I couldn't say."
Mr. Tincher, "Did they ever pay you for your services?"
Mr. Miller, "No sir."
Mr. Tincher, "They never have paid you?"
Mr. Miller, "No sir."
Mr. Tincher, "Did you ever make any record of those services?"
Mr. Miller, "Yes sir."
Mr. Tincher, "Who did you charge it to?"
Mr. Miller, "No one. It was merely a docket entry to keep a record of the fees."
Mr. Tincher, "Don't that docket show the names of those parties and the location of that fence?"
Mr. Miller, "I think it shows the location."
Mr. Tincher, "Doesn't it show their names?"
Mr. Miller, "I couldn't say."
Mr. Tincher, "Where is that docket?"
Mr. Miller, "I have never seen it since I was arrested."
Mr. Tincher, "You say you made an entry on that docket of that arbitration?"
Mr. Miller, "It wasn't on the court docket. That wasn't any court record."
Mr. Tincher, "It was in the same book wasn't it that you kept your court records in?"
Mr. Miller, "No sir."
Mr. Tincher, "What kind of a book was it?"
Mr. Miller, "It was what would be called a daybook."
Mr. Tincher, "And you entered it on that so as to arrive at your fees?"
Mr. Miller, "Yes sir there was an agreed amount. I was to have five dollars."
Mr. Tincher, "Have you ever asked those people for that five dollars?"
Mr. Miller, "No sir."
Mr. Tincher, "Have you ever sought to find out who those people were in any way shape or form?"
Mr. Miller, "I frankly admit I never have. I have about five hundred of those things."
Mr. Tincher, "Now that was in the spring before Mabel Oakes death in the fall?"
Mr. Miller, "Yes sir?"
Mr. Tincher, "What time of night did you get back from out there?"
Mr. Miller, "Near sundown, sundown."
Mr. Tincher, "Mabel Oakes' father and mother were not a home at that time were they?"
Mr. Miller, "I don't remember as to that."
Mr. Tincher, "Did you take her to her home when you got back that night?"
Mr. Miller, "I don't remember. I have no way of refreshing my memory as to that."
Mr. Tincher, "You don't remember about that? Is it not a fact Mr. Miller that the next morning she came into your office crying?"
Mr. Miller, "Yes sir. She showed indications of having been crying."
Mr. Tincher, "Didn't you learn when you went to that druggists that Mabel had been there that morning seeking employment?"
Mr. Miller, "No sir."
Mr. Tincher, "You knew that she went there and asked for employment to learn pharmacy?"
Mr. Miller, "I never did until Mr. Greenlee came on the stand."
Mr. Tincher, "And he said 'no, Mabel.' and told her of her conduct with you, and that is what insulted her?"
Mr. Miller, "I knew nothing about that until Mr. Greenlee came on the stand."
Mr. Tincher, "And you didn't tell Mr. Lewellen that she cried all the next day then?"
Mr. Miller, "I might have. I don't know. He may have seen her crying and asked me what she was crying about. I have no recollection of that subject."
Mr. Tincher, "And did you not after that say to him 'If I told you that bout Mabel, I must have been drunk'?"
Mr. Miller, "No sir."
Mr. Tincher, "You didn't do that?"
Mr. Miller, "No sir, I never was so drunk that I didn't know what I was doing."
Mr. Tincher, "You are not claiming to be excused for anything you have done by reason of your drunkenness are you?"
Mr. Miller, "No sir, nothing whatever."
Mr. Tincher, "When did Mable Oakes first commence working for you?"
Mr. Miller, "In the spring or summer of 1909."
Mr. Tincher, "How long did she work for you in 1909?"
Mr. Miller, "I couldn't say how long. Up until the time she got her arm broken."
Mr. Tincher, "Did you point to Mabel Oakes and tell Hugh Martin 'That is just the way I found her,'" when she was laying there a corpse?"
Mr. Miller, "I think my exact words were about this 'There she lays, that is about as I found her,' I don't know whether I said, 'There she lays just as I found her'? I don't know which. I knew that I had stooped down and felt of her pulse, and I knew that at the time I found her hand was laying across her face, and I didn't mean as to little things like that."
Mr. Tincher, "You moved her hand from across her face did you?"
Mr. Miller, "Yes sir."
Mr. Tincher, "What did you do with that hand?"
Mr. Miller, "Just let loose of it and let it go."
Mr. Tincher, "Did you see it then when it was laying this way (Indicating on breast) after that?"
Mr. Miller, "I don't have any recollection about that."
Mr. Tincher, "Did you move her feet any when you went in there?"
Mr. Miller, "No sir."
Mr. Tincher, "Did you remove her drawers?"
Mr. Miller, "No sir."
Mr. Tincher, "Did you tuck that carpet under her head?"
Mr. Miller, "No sir."
Mr. Tincher, "With reference to the right hand, what was in it when you picked it up?"
Mr. Miller, "I don't know."
Mr. Tincher, "Didn't you notice it?"
Mr. Miller, "No sir."
Mr. Tincher, "Did you say to Judge Lawhon, 'hat is just the way I found her.'?"
Mr. Miller, "I might have said that just as I said it to Mr. Martin. 'That was the way I found her,' or something to that effect. I was so done up I am not positive but I didn't say anything that would mean that was exactly the way I found her."
Mr. Tincher, "When did you move her hand, before you went back for the whiskey or after?"
Mr. Miller, "Before."
Mr. Tincher, "Did you touch her after you came back after getting the whiskey?"
Mr. Miller, "No sir, I did not."
Mr. Tincher, "How long did you stay back on the stage when you went back there after that whiskey?'
Mr. Miller, "Not to exceed one minute. Just a moment. Just long enough to go back there and reach down and pull out that bottle of whiskey and go right back through past her to the front."
Mr. Tincher, "Did you during the fall of 1910 order an instrument from a wholesale house in Wichita, used in performing an abortion?"
Mr. Miller, "I did not order an instrument for that purpose."
Mr. Tincher, "What was that instrument?"
Mr. Miller, "Which one?"
Mr. Tincher, "The one that came by mistake to Claude McCrory?"
Mr. Miller, "I don't know the name of it."
Mr. Tincher, "Isn't it a vaginal instrument of some kind?"
Mr. Miller, "That was an instrument for expanding the mouth of the vagina. That is what I ordered. For the purpose of treating disease or any purpose."
Mr. Tincher, "What did you order that instrument for?"
Mr. Miller, "Because I wanted it."
Mr. Tincher, "What for?"
Mr. Miller, "Because I wanted it and had a right to have it."
Mr. Tincher, "Who did you want to use that instrument on?"
Mr. Miller, "No one, in truth, at all."
Mr. Tincher, "At that time that you ordered that instrument you knew that Mabel Oakes was in a family way, didn't you?"
Mr. Miller, "No sir."
Mr. Tincher, "Didn't you receive that instrument, Mr. Miller?"
Mr. Miller, "No sir. Receive it? Yes, I got it."
Mr. Tincher, "What month was it that you ordered that instrument?"
Mr. Miller, "I don't know. It was during the summer that is all I know."
Mr. Tincher, "Was it during the fall?"
Mr. Miller, "No sir."
Mr. Tincher, "It was during the summer of 1910?"
Mr. Miller, "Yes sir."
Mr. Tincher, "Then if Mabel Oakes was carrying a child five and a half months old at the time of her death in November it was during the time that she was carrying that child that you ordered that instrument, wasn't it?"
Mr. Miller, "I couldn't say as to that."
Mr. Tincher, "What did you do with that instrument?"
Mr. Miller, "I got it yet."
Mr. Tincher, "What, --- When did you take it home?"
Mr. Miller, "At the time I got it."
Mr. Tincher, "Did you take it to your house?"
Mr. Miller, "Yes sir."
Mr. Tincher, "You just got that instrument because you wanted it and had a right to have it, did you?"
Mr. Miller, "I would have to make a further explanation there. I would have to tell you all about it."
The Court, "If it was connected with your own family, Mr. Miller, we would rather you would not tell it."
Mr. Pruiett, "I don't think that statement ought to be made, unless it comes from the defendant."
Mr. Miller, "I stated before that I didn't want to tell why I ordered that instrument nor why I have got it yet. But it had nothing whatever to do with Mabel Oakes, I will say that much, nor never did have."
Mr. Tincher, "You are not a practicing physician are you?"
Mr. Miller, "No sir. I understand quite a good deal about medicine. That is, of long standing. I am not up to date. I don't make any such claims as that. I do a great deal of practicing in my own family."
Mr. Tincher, "That is all."
Mr. Pruiett, "We understood that there was several other witnesses and didn't expect the defendant to take the stand as soon as he did. We want the opportunity of calling this witness back later on for further cross-examination. We may want to lay some predicates later on."
The Court, "Have you any further direct examination gentlemen?"
Mr. Wilson, "No sir. We want them to finish their cross-examination before we redirect."
The Court, "Gentlemen of the jury we will adjourn until Monday morning a nine o'clock. The Court admonishes you to have no conversation with anyone regarding this matter and do not permit anyone to converse with you or within your hearing. If anyone seeks to talk to you inform them that you are a juror and request them to leave. If they persist and insist upon talking to you, walk away and inform your bailiff or the sheriff and have them reported to the Court. Have no conversation among yourselves regarding this matter until it is finally submitted to you, and again I admonish you not to read the papers, county or others until this matter is finally determined. I again admonish you to stay together and do not separate. You have no right to separate. You will be kept in the care, custody and control at all times of the bailiff and return again to our places Monday morning at nine o'clock, or a few minutes before that time."
"Mr. Bailiff, the Court admonishes you to have no conversation with this jury or any of the members of it regarding this case, or any other case that might be appearing i this court. Do not permit any person to converse with this jury or any member of this jury on any proposition or subject whatever. Connected with the case or otherwise without an order from this court permitting them to do so. Keep them together and return them again into court Monday morning at Nine O'clock."
And now court is adjourned until Monday morning at hour of 9 o'clock A.M.
Monday, 11 September 1911...
And now on the 11th day of September, A. D. 1911, at the appointed time, all parties being present in Court, and the defendant being present in person, the following proceedings are had:
The Court, "Call the Jury."
And thereupon the clerk called the roll of the jury and announced the jury all-present.
N. L. Miller having been recalled for further cross-examination testified as follows:
Mr. Tincher, "Mr. Miller you have recited to the jury a number of times that Mabel Oakes had fainting spells in your presence?"
Mr. Miller, "yes sir."
Mr. Tincher, "I will ask you if she ever had a fainting spell in the presence of anyone else besides you before she became pregnant?"
Mr. Miller, "I couldn't say."
Mr. Tincher, "You have no one in your mind now that she had one of those spells in the presence of before she became pregnant?"
Mr. Miller, "I don't know when she became pregnant."
Mr. Tincher, "Well, say she became pregnant four and a half months before the time of her death?"
Mr. Miller, "I couldn't say because I have no way of calling to my mind any occasion."
Mr. Tincher, "You say you stayed all night one night at Mr. Oakes House?"
Mr. Miller, "yes sir."
Mr. Tincher, "Mr. Oakes and his wife were away from home at that time were they not?"
Mr. Miller, "Yes sir."
Mr. Tincher, "No one there except Mabel and her little brother and yourself?"
Mr. Miller, "And those that went with me."
Mr. Tincher, "Who were they?"
Mr. Miller, "Hank Noah, Fred Frederickson and John Shaw."
Mr. Tincher, "Hank Noah and John Shaw didn't remain there that night did they?"
Mr. Miller, "I have learned since that they didn't."
Mr. Tincher, "As a matter of fact, those anonymous letters that you produced here and which we have heard talked about were gotten up between you and Mabel Oakes for an excuse for you to go to the house, or have been gotten up by you since this occurrence have they not?"
Mr. Miller, "No sir that is not a fact."
Mr. Tincher, "Did she bring all her anonymous letters and give them to you?"
Mr. Miller, "I don't know whether she brought all of them or not."
Mr. Tincher, "Mr. Miller when you and Mr. Oakes were there in the opera house you stated that you used the telephone, after you and Mr. Oakes went back to that little room?"
Mr. Miller, "No sir, only to try to get the sheriff's office."
Mr. Tincher, "Yes. And you didn't get central did you?"
Mr. Miller, "I couldn't say now."
Mr. Tincher, "Did anyone answer you?"
Mr. Miller, "I couldn't say. I don't remember anything about whether they did or not. I know that I didn't get any answer that I was looking for."
Mr. Tincher, "Who were you trying to call?"
Mr. Miller, "The sheriff's office."
Mr. Tincher, "Now you did use that telephone didn't you before that?"
Mr. Miller, "I might have used it a good many times."
Mr. Tincher, "Didn't you call Dr. Saffold some time from about two-twenty to two-thirty-five that day on that telephone?"
Mr. Miller, "I called Dr. Saffold and Dr. Herod. My recollection is I got Dr. Saffold and didn't get Dr. Herod."
Mr. Tincher, "Wasn't it about an hour or an hour and a half before that time that you and Oakes were there?"
Mr. Miller, "No sir."
Mr. Tincher, "Was it over an hour before, was it over a half hour before?"
Mr. Miller, "It would be about three o'clock in my estimation."
Mr. Tincher, "Was that before the time that you came from the republican headquarters that you told the jury about and found Mabel Oakes?"
Mr. Miller, "No sir."
Mr. Tincher, "Was it before you went to the republican headquarters?"
Mr. Miller, "No sir."
Mr. Tincher, "Isn't it a fact that about two-twenty or about two-thirty-five you called Dr. Saffold over the phone and had a conversation with him?"
Mr. Miller, "I will tell you now, I have refreshed my memory, and I remember distinctly now of a matter that I had entirely forgotten until I think of it right now. I called Dr. Saffold and I called Dr. Herod, and I got Dr. Saffold and I didn't get Dr. Herod, and my recollection is to the best of my recollection is that Saffold said that he was sick and couldn't come over, and I got no response at all from Herod's office."
Mr. Tincher, "What did you say to Dr. Saffold at that time?"
Mr. Miller, "I don't know now, I said something about coming over, I don't know what."
Mr. Tincher, "Did you say that it was anything concerning Mabel Oakes?"
Mr. Miller, "I don't know. I absolutely don't know."
Mr. Tincher, "What were you calling him for, Miller?"
Mr. Miller, "Well the fact of the matter is I don't know. I have told you, Mr. Tincher, before that I was so excited and so beside myself that I absolutely don't know what happened or what I was doing. In fact, when I went to talk at times my voice failed me absolutely, and it may have been the same thing over the telephone. Maybe everyone I spoke to didn't understand me. That is all the explanation I can give, I was so absolutely done up."
Mr. Tincher, "You claim that you don't know whether you had found Mabel Oakes at the time you called Dr. Saffold or not do you?"
Mr. Miller, "I claim that I had found her before that time."
Mr. Tincher, "You claim that you don't know whether you told him that she was dead or not do you?"
Mr. Miller, "No sir, I don't know."
Mr. Tincher, "Are you sure you had found Mabel Oakes before you called Dr. Saffold?"
Mr. Miller, "Yes sir. I am most emphatically sure. Because, well I don't know as it is necessary to explain it. I had learned that in heart failure, in what studies I had, that in heart failure there was a chance for resuscitating a person after they had apparently lost life. And that was the object I had in mind."
Mr. Tincher, "Don't you think it is rather peculiar that you can remember the very object for which you called him and cannot remember the time it was?"
Mr. Swindall, "Objected to as argumentive."
Mr. Tincher; Why is it, Mr. Miller, that you can remember why you called Dr. Saffold and your purpose in calling him and you cannot remember what you said to him or the time that you called him?"
Mr. Miller, "For the simple reason that I want to tell everything I know about this matter and I admit and I have admitted all the way through that there are things that I can't remember, because I was so excited after her death."
Mr. Tincher, "Didn't you say Saturday on direct examination and also in cross-examination that your first thought was to get out and get help, and you rushed out and hollered for help?"
Mr. Miller, "Yes sir."
Mr. Tincher, "And you hailed the first person that you saw."
Mr. Miller, "Yes sir."
Mr. Tincher, "Purely the only reason that you called George Oakes instead of some other person was because he was the first person that you saw?"
Mr. Miller, "Yes sir."
Mr. Tincher, "If anyone else had been closer than this man, you would have called them?"
Mr. Miller, "Yes sir."
Mr. Tincher, "Then you were mistaken Saturday were you when you said that the first thing you did was go for help?"
Mr. Miller, "No sir."
Mr. Tincher, "You want to say now that was the first thing that you did?"
Mr. Miller, "I said on direct testimony the way I remember it, and the way I intended to say it, that I had but one object in view and that was to notify someone as to the death of Mabel Oakes, and my stopping at the telephone, well I think it occurred to my mind as I was passing through my office. I got no reply and consequently I didn't call anyone to her assistance or my assistance, until I saw Mr. Oakes."
Mr. Tincher, "Isn't it a fact that you stated to Dr. Saffold over that telephone, that Mabel Oakes was dead?"
Mr. Miller, "I couldn't say. I don't remember a thing about what I said to Dr. Saffold or Herod or the sheriff's office."
Mr. Tincher, "How old are your children Mr. Miller, what age?"
Mr. Miller, "As near as I remember the youngest is eight years old a boy, and a boy fourteen or about fourteen, and a daughter that is 19 and a daughter between 20 and 21, and I will say further that if you want to know anything more about my family, --- "
Mr. Tincher, "I haven't asked you about it."
Mr. Miller, "Well, I didn't know."
Mr. Tincher, "That is all."
Mr. Wilson, "That is all at this time."
Mr. Swindall, "The defendant rests."
The Court, "Have you any rebuttal."
Mr. Tincher, "Yes sir. Mr. Oakes take the stand.
George W. Oakes Rebuttall by State
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