Old Opera House Mystery

Chapter VIII 

(The Rest of the Story - Part I)

By - L. K. McGill Wagner, OkieLegacy

The last we left you hanging in suspense when Justice of the Peace Nelson L. Miller found Mabel Oakes body in the Old Opera House around 3:00 p.m., November 9, 1910, in Alva, Oklahoma. Sheriff Martin and Justice Lawhon were gathering people off the street for a late afternoon coroner's inquest on that same day for an inquiry into the death of our young, 23 year old, single woman, whom was allegedly strangled in the dusty, back room of the Old Opera House. This was to be known as the blackest day in history for this western Oklahoma community. 

Later that afternoon, George Oakes filed a Warrant dated 9 November 1910, executed on the 11 November and an Information filing dated 10 November 1910, both of which were signed under oath by George Oakes showing reasonable grounds for the authorities to investigate the mysterious death of his daughter, stating that Justice Nelson Miller, allegedly willfully, purposely, without authority of law, feloniously, with malice aforethought, and with the premeditated design to effect the death of another human being (Mabel Oakes) by means of a scarf wound around her neck, strangled to death. 

This quote from Howard K. Berry's book, The Life of Moman Pruiett - He Made It Safe to Murder , page 346-352, will give you an insight of how politically aligned some of the authorities were and states, ìThe scene was so crudely laid that it failed to fool anyone but the prosecuting authorities who were politically allied with the prominent Miller, and who wanted to be deceived. 

It makes you wonder what would have come of this case if George Oakes had not filed a warrant, information into the mysterious death of his daughter. Mr. Oakes also hired an out of town attorney as leading prosecutor, J. N. Tincher, Medicine Lodge, Kansas to assist the county attorney, Claud McCrory. The ìLaw Enforcement League hired and engaged Moman Pruiett as special prosecutor, to assist in the prosecution of Miller. Was Claud McCrory one of those authorities politically allied with Miller? 

In those days, the coroner's jurors were pulled off the street and consisted of T. B. Roby, J. T. Herold, George Crowell (foreman), R. B. Dugan, C. R. Moore, and W. M. Goebel and were impaneled that same day by Sheriff Martin with Justice Isaac B. Lawhon acting as coroner. The coroner's inquest was adjourned November 9, 1910 until November 10, 1910, 9:00, Thursday morning to await the autopsy report of the physicians. 

The local doctors, G. N. Bilby, O. E. Templin and Elizabeth Grantham, were called in to do an autopsy between the hours of 3:00 - 4:00 p.m., November 9, 1910. The doctors agreed that the organs and heart were all in normal and best condition of any that they had ever examined. Their testimony was unanimous upon the fact that the stomach was practically empty and showed no signs of any drug having been taken that would either aid in an abortion, or assist in a suicide attempt. They agreed that Mabel Oakes would have been a mother in the course of four or five months if she had lived. No other evidence of violence was produced other than the scarf that could have caused the death of Miss Oakes. The doctors concluded: (1.) Death resulted from strangulation by the silk scarf drawn tightly about the neck; (2.) Miss Oakes could not have caused her own death; and (3.) Another person or persons had evidently caused the death of Mabel Oakes. 

November 9, 1910 was to known as the blackest day in history for this northwest community and the State of Oklahoma . This is a compiled timetable of events and happenings of that day. 

Thursday morning, November 10, 1910, the district court room is crowded with curious citizens of Alva , Oklahoma and vicinity for the coroner's inquest. Everyone was hoping that something would arise to show that no murder had been committed in their little community. 

Justice Isaac B. Lawhon began holding the inquest in the district court room with County Attorney Claud McCrory conducting, examining the witnesses. The only spectators not allowed were the students of Northwestern Normal School , because President Grant Grumbine decided that the young people should be protected from the unmoral circumstances of Miss Oakes death. 

Mr. Oakes testified that his daughter had been in the employ of Miller for some time, and that in the months that had gone by he and his wife had kept careful note of her condition and female functions up to a certain time when it showed that her female functions were not performing their usual duties, and that he discovered the date in which they stopped. Oakes and his wife confronted their daughter with her condition, but Mabel strenuously denied that there was anything wrong. Mr. Oakes went to Nelson Miller. Miller denied that he was responsible for Mabel's delicate condition. While Miller attempted to put the father off, Miller called Mr. Oakes into his office one day and said that he intended to procure a divorce, and that he and Mabel would be married. 

The day of the murder, Mr. Oakes went in search of his daughter around 1:00 p.m., November 9, 1910, because she did not come home for dinner. Oakes stated under oath, ìI came directly past Mr. Millers Office. When asked how long he remained at Miller's office, Oakes replied, ìIt wasn't a minute. I just opened the door and looked in there and closed it again. Oakes testified that the door of the office was unlocked and he did not enter Miller's office. He opened the door of the office and looked in for a short few seconds to see if Mabel was in there and then closed the door again. If Mr. Oakes was concerned about his daughter's whereabouts, why didn't he explore further into the rooms of the old opera house? 

After Mr. Oakes hour of testimony, there was an adjournment for dinner before the inquiry resumed. After the testimony of the witnesses, it took the jury thirty minutes to return the following verdict: We, the jury, do upon our oaths find that the said Mabel Oakes is dead, that she came to her death on 9 November 1910, in Woods County, Oklahoma, that said death was caused by violence, by strangulation, with a scarf in the hands of another person with intent to kill and murder the said Mabel Oakes, and from the evidence before us, we believe said person to be N. L. Miller. 

(right: Judge R. A. Cameron) -- Justice Miller was ordered held in jail without bail for his safety and for the preliminary hearing scheduled for November 24, in the Woods County District Court, Case #612. Judge R. A. Cameron, trying the case, came down with a sudden serious illness when the preliminary scheduled for November 24, 1910 came around. The preliminary was postponed to December 1, 1910, 9:00, Thursday morning and again postponed by agreement of counsel to December 2, 1910. 

Between November 10 and December, 1910, community outcries, gossip and newspaper articles across Oklahoma and Kansas flooded this northwest Oklahoma community daily. The local newspapers reported that the verdict was generally approved as a ìbrave and honest verdict in ìaccordance with the evidence produced. 

Other local newspapers reported, ìThe previous reputation of the accused will not help to weaken the verdict. The sympathy of the entire community is with his (Miller's) estimable family, which is in nowise responsible for this crime for which the husband and father stands charged by a jury of his fellow citizens. 

The older citizens consensus was, ìThat for seventeen years, notwithstanding that we were living in a new country, filled with pioneers, and from which could not be kept a certain element that follows the boundaries of pioneer settlements, that no murder had ever disgraced the annals of our city, and each and every one hoped that this would not prove to be the first. 

As the preliminary approached, the prosecution in Woods County Case #612 consisted of, ìJ. N. Tincher, Medicine Lodge, Kansas , leading attorney; Claud McCrory, County Attorney ; and Moman Pruiett, as special prosecutor. 

(Left: Moman Pruiett) -- It was strange that the famous criminal lawyer, Moman Pruiett, took the side of the prosecution in the Old Opera House Murder. The Law Enforcement League was one of Pruiett's chief hecklers, because Pruiett had beaten, broken the morale of the League in past cases. The League knew that they could not beat Pruiett and decided to enlist Pruiett with $3,000 in cash before the defense could engage him. Pruiett took the League's offer to act as special prosecutor in the Old Opera House murder case in Woods County , Oklahoma . 

As we already know, the Law Enforcement League was established as the ìanti-vice movement -- a moral reform movement, funded with the purpose of enforcing local moral standards, investigating the backgrounds of newcomers to be sure they were morally and socially acceptable to the town fathers. 

Mr. Pruiett's second wife was Leda Sniggs, daughter of August T. Sniggs, Alva , Oklahoma . Moman and Leda were married on July 7, 1903 in Leda's hometown of Alva , Oklahoma . Their marriage lasted forty-one years until her death in 1944. 

Moman Pruiett arrived in Alva, Wednesday afternoon, November 30, 1910 and spent a few days visiting his in-laws while waiting for the preliminary case to begin. While in Alva, Pruiett looked over the case and 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 1:00 p.m. Santa Fe and arrived in Alva that afternoon, December 1, 1910, by train. 

On December 2, 1910, an agreement of counsels was filed before Judge Cameron to continue. The court room was packed with spectators, except for the students of the Normal school, for the preliminary hearing with Judge Cameron on the bench. Those present in the courtroom were County Attorney , Claud McCrory; J. N. Tincher; and Moman Pruiett for the prosecution; attorneys Erskine W. Snoddy, Judge L. T. Wilson and Chris H. Mauntel for the defense and the defendant, Nelson Miller. The defense counsel waived the reading of the information, entered a plea of not guilty and waived preliminary examination. The Court ordered that the defendant Miller be held in the Woods County jail of Oklahoma , without bail, to answer the charge of Murder in the first degree. 

When Miller's defense counsel announced that they would waive preliminary examination, the counsel for the State announced that they wished to introduce and perpetuate the testimony of Dr. Saffold. The reasons being, ìDr. 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 a heated objection to the proceeding from the defense counsel, Judge L. T. Wilson, 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 special prosecutor, Moman Pruiett, in the preliminary, but the local newspapers reported that it produced no serious results. 

Dr. Saffold was sworn and testified, ìThe first time Miller asked me to go down to see her, Miss Oakes, professionally was August 1 or 2, 1910. I was called down to Miller's office and found Miss Oakes in almost an unconscious condition sitting in a chair. The second time Miller asked me to call on her and the last time I saw Mabel was October 17, 1910. Miller came to me and asked me to examine her. Miller asked me to produce an abortion. I refused. The doctor testified that Miller then said that he could perform the operation if he had the instruments, as he had read or studied medicine, but Dr. Saffold refused to loan Miller the instruments. 

Mr. Tincher asked Dr. Saffold to state to the jury whether or not on November 9, 1910 if he had a conversation with Mr. Miller over the telephone. 

Dr. Saffold responded, ìYes sir, I did. He called me and said ëThis is N. L. Miller, and I want you to come immediately.' I told him I was sick and couldn't come. He says, ëIt is very important and you must come.' I replied that I was sick and couldn't come and he repeated that it was about that girl, and he wants me to come immediately. I answered the same. As near as I can say, it was about 2:30 p.m., November 9, 1910. 

When Tincher asked Saffold how he you arrived at that time, Saffold said that was the time that one of his nurses had told him that the Rock Island train had came in -- on time. The defense counsel moved that the testimony of Dr. Saffold be excluded and withdrawn from the jury, for the reason that it was based wholly upon hearsay testimony. The Court overruled. The State and Defense rested and the Court adjourned until 2:30 p.m. 

The local newspapers were reporting, "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. From then on there was a battle of news headlines pounding down on Woods County , Oklahoma . 

The Oklahoman News headlines, Accused to Solve Mystery of Death - Oklahoman article , dated 12 November 1910, stated -- ìN. 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. 

The Wichita Beacon , headlines, Justice of Peace Miller Dares Not Leave Jail on Bail and Remains - dated 16 November 1910, stated ñ ìN. 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. 

The Alva Pioneer , headlines, Alva Man Fears Violence - dated 25 November 1910, Friday, stated, -- ìThe 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 as taken. 

Small town rumors, gossip spread like wildfire insinuating that Mabel Oakes was allegedly seduced by Miller during the time she was employed by Miller. The ladies of the missionary society began a whispered campaign setting, summing up Miller as the villain of Miss Oakes' shameful, delicate condition. Part of their whispered campaign stated, ìHe keeps a couch in his office, the wretch. 

Yes! Rumors were spreading like wildfire in this small, rural community in northwest Oklahoma . It was alleged that Mabel Oakes had not been the first to suffer wrong at the hands of Miller. BUTÖ was she the first to lose her life? It was also suggested that Miller was addicted to booze and his own ego. Rumors had it that the periodic separation of Miller from his wife and family usually lasted during the period of an affair with his new stenographer with the stenographer eventually looking elsewhere for employment. Justice Miller kept his bootleg and confiscated liquor (evidence of his own constable, N. J. Lewellen) secreted in various out of the way places in the old opera house. It was rumored that when Miller's affairs were getting cold and the whiskey bucks were over taking him, Miller would repent and go home for forgiveness. Miller's life was portrayed as a life of typical upland libertine. 

Both sides claimed that they were unable to receive a fair trial at Alva. 27 February 1911 a Petition and Notice of Application for Change of Venue was entered on the Woods County docket; 24 June 1911 an Order Granting Change of Venue was entered; 26 June 1911, by agreement, venue was shifted to the adjoining county seat to the west, in Woodward, Oklahoma; 28 June 1911 the Woods County sheriff, Walter Rambo, executed and delivered the defendant, Nelson Miller, to the sheriff of Woodward County, in Woodward, Oklahoma.

Where Was Claud McCrory When Moman Pruiett moved in as a special prosecutor hired by the League, the gang around the Woods County courthouse acknowledge that a lawsuit was inevitable. In the early days of 1911, the outcries of citizens, relatives of the deceased and the League were accusing the county attorney, Claud McCrory, of stalling and gave McCrory an ultimatumÖ resign or prosecute. January 9, 1911 Claud McCrory resigned as county attorney and Sandor Vigg took over as county attorney. After that, McCrory was nowhere to be found -- vanished. The League depleted most of its treasury, hours, runners and detectives in a wild, futile effort looking for this ex-county attorney in order to serve a subpoena on McCrory to serve as a witness for the State. Where and who was hiding Claud McCrory?

If anyone out there has any information about the Old Opera House Murder Mystery and/or Claud McCrory, we would love to hear from you. 

Our research of the Old Opera House Murder has been through old newspaper archives; copy of N. L. Miller vs. State (600+ pages of Transcripts); 2 December 1910 Woods County Case #612; 7 Sept. 1911 Woodward County Case #714; and 26 April 1913 Appeal No. A-1618 from the State Library Archives. 

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