Old Opera House Mystery

(Alva' First Homicide - 9 November 1910)

The following list is a list of the Defense's Witnesses that were heard just before N. L. Miller took the stand in the 1911 Murder trial transferred to Woodward, Woodward County, Oklahoma, September, 1911 with N. L. Miller as defendant in the case.

Defense Witnesses for N. L. Miller...
(Click on name to view testimony of each of the Defense's witnesses.)

Attorneys for the Defendant... L. T. Wilson and Charles Swindall.
Woodward County, September 7, 1911 - Case #-714

E. M. Rauh - A married man that resided 7 miles southeast of Alva for eight years in the farming business. He was in Alva on 9 Nov. 1910 about 10:00 o'clock or after and left Alva about 3:00 o'clock. He saw Miller some time near 12:00 o'clock or few minutes after, at the republican headquarters and again between the hour of 2:00 - 3:00 o'clock. He and Miller came down the stairs from the republican headquarters together. Rauh testified that Miller walked across the square to the Old Opera House.

C. H. Mauntel - Resided in Alva, Oklahoma thirteen years. He was an attorney at law. He saw Miller twice on 9 Nov. 1910. The last time he saw Miller was twenty minutes until three o'clock in the afternoon. The first time he saw Miller was at the republican headquarters over the Woods County Citizens Bank. Mauntel testified that Miller left the republican headquarters around 3:10p.m. heading west on a bike over to the west side of the square and Jackson's cigar store & Democratic headquarters to get the results of the general election held the day before. This is contrary to what Rauh testified to.

James Roller - Testified by affidavit for the defendant N. L. Miller that he saw Miller in front of Jackson's Cigar Store (West side of square - getting election returns) from 12:45p.m. to 1:45p.m. on the day of the murder (9 November 1910). James Roller's Deposition - Read in Court by L. T. Wilson.

Elmer. D. Drake - He resided in Alva, and knew Mabel Oakes for two years. He witnessed Miss Oakes fainting spell in Miller's office. He also helped to get Mabel from the little back room to the front of the opera house stage -- where there was a lounge.

George S. Parker - He resided in Alva, Oklahoma and was a constable in Alva. He testified that he experienced one of Miss Oakes fainting spells.

David Arndt - He resided twenty-five miles northwest of Alva. 

A. C. Grimes - He resided in Alva, Oklahoma and had lived there since the opening of the Strip. He was in the business of farming and blacksmith and acquainted with Miller for two years.

H. M. Green - Lived at Alva, Oklahoma, fourteen years since the day of the opening. His occupation was Plastering. Green had known Miller for about five or six years. He was not acquainted with Mabel Oakes. Mr. Green testified that he was at the office of Miller for a short time before election, last Fall (maybe three days or four). Mr Green had noticed that Mabel had a very black left eye and the left side of her face was slightly bruised from her eye to her ear with abrasion of the skin between the eye and the ear. Mr. Green testified that he stood in the office doorway and talked to A. C. Grimes and Mr. Miller maybe three or four days before the election during the Fall of 1910.

C. S. Epperson - Mr. Epperson lived in Alva during Fall of 1910. He moved to Woodward later sometime after the election and during the trial. Mr. Epperson testified that he had a conversation with Mabel Oakes one day in Miller's office. Mr. Epperson stated, "I stepped into Mr. Miller's office one day and this girl was reclining back in a chair in front of the typewriter in a sinking condition and Mr. Miller was fanning her with a book or something, I don't remember and after a while she Kind of came to and set up to the typewriter and I asked Mr. Miller what was the trouble and Mr. Miller said that she had had a sinking spell right here and after she had come out of it five or ten minutes, I asked if she ever had those spells before and she said, 'Yes sir.' She had four or five a day at times and I asked her what she was taking for it and she said strychnine or ether one or the other, I don't remember which."

After Mr. Epperson's testimony, the prosecuting attorney had no questions at that tie, but would like to call Mr. Epperson back for purpose of laying a predicate. Mr. Wilson (Defense attorney)wanted him to cross examine the witness then, if at all. The Court excused Mr. Epperson. 

D. R. Frazier - Mr. Frazier lived in Alva, Oklahoma since the opening of the strip. He was in the transfer business; held city office part of the time (street commissioner); and farming. Mr. Frazier had moved Mr. Miller into town one or two years since the strip opened. Mabel Oakes passed Mr. Frazier's house every day on her way to work at Miller's Opera House. Frazier lived a block and a half east of Miller's office. Mr Frazier testified that he had seen Miss Oakes in Miller's office with a black eye, cheek a few days before the Fall election.

E. P. Weaver - Mr. Weaver lived in Alva, Oklahoma about eleven years. He was engaged in business at the Alva Rolling Mills. He had been acquainted with Mr. Miller for about eleven years. Mr. Weaver testified that he had seen Miss Oakes get into Mr. Miller's buggy the later part of August or the first of September, on a Friday evening. He also testified that it was NOT Mr. Miller. He was not certain, but he thought it was Dan Fletcher (a married man). Mr. Weaver knew it was not Mr. Miller because he had just left him at the Eagle hall a few minutes before around nine o'clock. The Eagle Hall was located on Second Street between Santa Fe and Flynn Avenue. Mr Pruiett brought out in the testimony that Dan Fletcher was at that time a fugitive from justice. Makes you wonder what, why Mr. Fletcher was a fugitive, doesn't it?.

J. F. Greenlee - Mr. Greenlee lived in Alva, Oklahoma over eleven years. Greenlee was a druggist and Pharmacist in Alva. Greenlee was acquainted with both Miller and Miss Oakes. Mr. Greenlee furnished Mabel's prescriptions for strychnine and morphine tablets during the time she had her arm broken. Mr Greenlee testified, "Well the second time that she got her arm broken, she came up to the store and wanted to commence studying pharmacy. That was her intention before that and I said to her, 'Mabel, I hear some bad stories about you.' She wanted to know what. I said, 'I hear that you have been out riding with N. L. Miller.' She said that she had business and that she never went out without her mother knowing it and I said, 'If our mother knows it, I have got nothing more to say.'"

It was the next day after supper that Mabel and Miller called on Mr. Greenlee. That was during the time that Mabel cried all day after the trip in the country with Miller. 

Greenlee testified, "The next day after supper, she and Mr. Miller called on us. Mr. Miller wanted to know if I had said that and wanted to know if I had been talking about Mabel and I didn't think that I had and she (Mabel) said that I had insulted her and she thought I ought to beg her pardon and I said, 'If I have insulted you, I will surely beg your pardon.' So I begged her pardon."

After Mr. Greenlee's testimony the Court adjourn until 1:30 in the afternoon.

Richard H. Ketchen - Mr. Ketchen lived in Alva, Oklahoma for two years and ran a Veterinary business & hospital joining Miller's Old Opera House on the east. There was about four feet of space between the two buildings. Mr. Ketchen was in the back part of the building, working from 1:00 to 1:30 until between three and four o'clock on 9 November 1910. Mr. Ketchen testified that he did not hear any struggle or scuffle in the little triangular room of the opera house that was about fifteen feet from his place of business where he was working.

H. W. Noah - Mr. Noah lived on a farm four miles east of Alva, Oklahoma and engaged in the farming business ever since the opening of Oklahoma Territory (18 years ago). Hank Noah was sixty-two years old and had been in Woods County since the Fall of 1873. 

Hank had known Miller for about ten or twelve years, but was acquainted with him about four or five years. Mr. Noah testified that Mr Miller had asked him and two others to go up to the house of Miss Oakes and see if they couldn't catch the party that was delivering certain letters to the Oakes house. Mr. Noah went up to the Oakes house with Mr. Miller, Fred Frederickson and John Shaw remaining there for about ten or fifteen minutes.

Mr. Noah stated that Mr. Miller and Mr. Frederickson went in the house while Noah and Shaw remained outside. It was during the Summer of 1910, around nine or ten o'clock. 

N. L. Miller had talked to and convinced Fred Frederickson, John E. Shaw and Hank W. Noah down on the northeast part of square on the sidewalk to accompany Miller to Oakes house around nine or ten o'clock in the evening. They went over to Miller's office for about five or ten minutes before they left for Oakes house. That was when Miller was telling them about the Black Hand letters that Mabel had been getting and their purpose was to go there for protection.

Mr. Noah stated that he and Shaw went to the west side of the house and back to the north side near an alley. Miller had mentioned that Mabel was up at the house and some other girl was with her. That neither the parents or brother were at home.

Noah and Shaw left the home after five or ten minutes or so. They went downtown -- Noah got his rig and went home. 

After Mr. Noah's testimony Miller was called and duly sworn, testified in his own behalf --

Miller's Testimony -- The Defense rested their case after Miller's testimony and the Prosecuting Attorney (Pruiett) called George Oakes to the stand on rebuttal.

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