Direct Examination by Mr. Pruiett... 

From the usual first questions found in the transcript, we find out that Dr. B. W. Saffold at that time lived at his residence in Harper County, Oklahoma but his address is Manchester, Oklahoma. His place of business was in Manchester, Oklahoma where he was a practicing physician for over twenty years. Prior to the time he went to Manchester, Oklahoma, he did live in Alva, Oklahoma. He moved from Alva to Manchester last November. Saffold had lived in Alva about twelve months.

Dr. Saffold was asked to state to the jury if he had performed any professional services for N. L. Miller, the defendant in this case?

Dr. Saffold answered, "Yes sir, I did. Well, I saw Miss Oakes a number of times at Miller's request. The first time was about the first of August. The last time, the 17th day of October 1910."

When the State ask Saffold to state to the jury what the defendant said to him when he first requested him to perform any professional services in any way for Miss Oakes --- Mr. Wilson for the Defense, "Objected to as incompetent, irrelevant and immaterial. And for the further reason that it is privileged, and the evidence shows the relation of physician and patient has been established and for the further reason that the defendant is accused of causing the death of the deceased by strangulation only."

The Court Overruled. To which ruling of the court the defendant then and there duly excepted at the time.

Dr. Saffold then testified to what Miller said to him, "The first time that I saw Miss Oakes professionally was about the 1st of August. I think it was the second. I was called down and found her in almost an unconscious condition sitting in a chair. The first time, he asked me to go down to see her. The second time he asked me to call on her."

Mr. Pruiett then asked Saffold was that all that he that he said?

Saffold replied, "Why -- he told me, -- he asked me to come down to see Miss Oakes."

Mr Pruiett then asks and wants to refresh Saffold's memory as to what he testified at the preliminary hearing of this case without Pruiett having to lead him.

Dr. Saffold replied, "I can tell it from beginning to end if you will let me."

Pruiett then asks, "I am trying to get you to tell me from beginning to end, what Mr. Miller stated in that conversation.

Mr. Wilson (for the defense), "Objected to. We desire to have him ask the questions and let the witness answer so that we can get in our objection."

Mr. Pruiett says, "That is what I am trying to do."

Saffold asks, "Do you mean the last time I saw her? He came to me and asked me to produce an abortion. He came to me and asked me to examine her. He asked me if I would examine her --"

Mr. Wilson , "We object to that testimony as incompetent, irrelevant and immaterial, and throws no light upon the facts and the charge under investigation."

The Court overruled. The defendant then and there duly excepted at the time.

Saffold goes on to testify, "He asked me if I would examine her and I agreed to do it, and she presented herself within a short time, probably the next day. Certainly within two or three days and I called one of the nurses and examined Miss Oakes, and I told her ---- as I left the private office I told her I would see her in the reception room and she came --"

Mr. Pruiett says, "Counsel was objecting to what took place between the doctor and Miss Oakes, I don't want the record to be in the attitude of the court's overruling that. Dr. Saffold I don't want to know what you said to her. Now after you made this examination, -- at the time you made that examination, what did you find?"

Saffold begins to answer, but Mr. Wilson jumps in with another objection to as incompetent, irrelevant and immaterial.

The Court overruled. The defendant then and there duly excepted at the time.

Saffold stated, "I found her pregnant." 

Pruiett then asks the witness, "Now after making that examination, when you found she was pregnant, did you then have a conversation with the defendant, N. L. Miller, after that?"

Saffold replied, "Yes sir." Saffold communicated Mabel Oakes condition to the defendant, N. L. Miller. As to what Miller did and said then, Saffold testified, "He asked me to produce an abortion. I don't remember the exact words, but that is what he meant. It was probably within a half an hour, certainly within an hour, after she left that he came." Saffold testified that this happened the 17th of October 1910, prior to her death in November, about three weeks.

When asked by Pruiett what Saffold said to Miller when he asked him to commit the abortion, Saffold refused.

Saffold then went on to testify, "There was some argument about it, not very much. Maybe ten or fifteen minutes. Well really -- I cannot attempt to give the words. I do not really remember any more. He was insisting on me helping him out of the trouble and I refused."

Pruiett in refreshing the witnesses memory asked him if "Mr. Miller didn't state that he could do the work himself if he had the tools?"

Dr. Saffold stated, "He made that statement."

Mr. Wilson jumps in, "I don't have an opportunity to object. I now object to the question as incompetent, irrelevant and immaterial, and move that the answer be stricken out and withdrawn from the consideration of the jury."

The Court overruled. The defendant then and there duly excepted at the time.

Mr. Wilson says to Saffold, "Doctor, I want to insist that you speak louder."

Mr. Pruiett goes on with examination of this witness, "At the time he said that the could perform this operation himself if he had the tools, was that on the occasion that you examined her and communicated to him her condition?"

Dr. Saffold replied, "It was while he was in my office, almost immediately after the examination."

Pruiett after reminding the witness and the jury that Miss Oakes was examined by Saffold in his office on the 17th day of October, 1910, then asks if Mr. Miller came to his office. 

Dr. Saffold stated, "Well in a few minutes, he did, certainly within an hour or two. I think within a half an hour." Saffold stated went on to testify that he did not phone for Miller or anything to that affect.

Mr. Pruiett turns the witness over to Mr. Wilson for cross examination.

Cross-Examination by Wilson...

Mr. Wilson begins his cross-exam, "Doctor, give all the conversation, if you have not, that you had with the defendant at the time he spoke to you about the abortion?"

Saffold replied, "I have done so as near as I can remember. A suggestion would probably bring out something else."

Mr. Wilson then asks, "I will ask you if Squire Miller didn't tell you that he was not responsible for her condition, or words to that effect?" 

Saffold replied, "That was his exact words I think."

Mr. Wilson then asked the witness to tell that conversation to the jury, what led up to it.

Dr. Saffold states, "Squire Miller told me that he was not responsible for her condition when he first came and asked me to examine her. He said he had reason to suspect that the girl was in that condition, and while he was not responsible for her condition he wanted to know, because if she was in that condition everybody would think that he was responsible."

Mr. Wilson then asked, "Did he give as a reason for that, because she was his stenographer?"

Saffold states, "Yes sir, because she was working for him."

Mr. Wilson then asked the doctor to state how many times he had attended Mabel Oakes?

Dr. Saffold replied, "I saw her at his office twice I am sure, and I think three times. Once she was wholly unconscious, and the other, almost so."

Mr. Wilson then asked the witness when it was that he found Miss Oakes wholly unconscious?

Saffold replied, "It was within a week or ten days, something like that."

Mr. Wilson then asked the witness where did she rest, or lay, at that time, when he found her almost wholly unconscious? The first time?

Saffold stated, "The first time she was sitting in a chair, about close to the typewriter. That is his office there. This is the main entrance. It was right back in here at the typewriter. She was lying there in one of those office chairs in my recollection. It was one of these office revolving chairs. She had it tipped back almost lying flat, but she wasn't unconscious, she could talk to me."

Mr. Wilson then asked when Saffold saw Miss Oakes the next time?

Dr. Saffold stated, "I have a book. If it is necessary. I brought my original records along."

Mr. Wilson asked, "If you don't remember, you can refresh your memory. Just stated approximately?" 

Dr. Saffold stated, "Well it was a week or ten days afterwards. Miller phoned me and I walked five blocks on a very hot day and when I came in she was wholly unconscious. He stated that he had been out and that she was conscious when he came in."

Dr. Saffold testified that he did not ever find her in any condition similar to that except the two times. 

Saffold was then asked to state as to what he did the first time, in restoring her to consciousness?

Saffold stated, "Practically nothing. Because she could talk to you or anything, but I put her on a treatment for functional heart trouble, and then this time she was laying over here in this corner here and I loosened up her clothes and she began breathing."

When asked by Wilson, "In your judgment as a physician what was the cause of those spells?"

Saffold replied, "My opinion is, -- My opinion at the time was that it was indigestion and lacing."

Mr. Wilson then asked the witness to state whether or not that was functional heart trouble, resulting from indigestion?"

Dr. Saffold stated, "Yes sir, that was the trouble." Saffold goes on to testify that indigestion and tight lacing were the cause of that and states, "Yes sir, and the treatment I gave her was directed toward her digestion."

Mr. Wilson then asked, "Of your own personal knowledge do you know of her frequently getting into that condition?"

Saffold replied, "Not of my personal knowledge I don't. Only what she told me."

Mr. Wilson then asked the witness what Miss Oakes told him about it?

Mr. Vigg for the State objected to as incompetent, irrelevant and immaterial. Improper cross-examination.

The Court overruled. The State then and there duly excepted at the time.

Dr. Saffold goes on to testify, "She said she frequently had such attacks. She told me that they got worse on her."

Mr. Wilson then asked, "Did she state to you how long she had been bothered that way?"

Saffold replied, "She probably did but I cannot remember that. She left the impression that it was quite a while. I could not say several years. As near as I can give it is that she said she had been effected that way quite a while, I would believe several months anyhow."

Mr. Wilson asked the witness, "Doctor, in your opinion as a physician what would have been the result of that sinking condition or trouble that you speak of as occurring to her, had you not administered the treatment to her and loosened up her clothes?"

Saffold stated, "Well, I hardly know. She was in what you might call a pretty serious condition."

When asked by Mr. Wilson if in his opinion as a physician that death would have been probable, the witness replied, "I couldn't say. Possibly it would. I believe it would have been possible. I couldn't say probably. She was recovering from the other attack when I came in, but whether or not she would have recovered from the other one I cannot say, and I don't believe a man that is honest could say."

Mr. Wilson finished his cross-examination of the witness and Mr. Pruiett began his Re-Direct examination.

Re-Direct Examination by Mr. Pruiett...

Under Re-Direct examination by Mr. Pruiett, Saffold is asked, "You say that on the occasion that you found her over here, you immediately unlaced her clothes?"

Dr. Saffold replied, "Yes sir. The waistband and so forth." Saffold testified that relieved her. He also testified that she was pregnant, but as to how far gone she was he stated, "I couldn't say. I gave her a very -- you might say careless examination. It was so self evident that you didn't need an examination."

Mr. Pruiett asked, "You say that one of the times you saw her was about the first of August?" 

Dr. Saffold stated, "I am quite positive that it was the second of August, when I saw her the first time and then within a week or ten days I found her wholly unconscious."

Mr. Pruiett then asked questions to get at about how far along she was in the pregnancy.

Dr. Saffold testified, "It was just --- really I never thought how far along she was. I was only asked to find out if she was pregnant and it was so self evident I didn't give her much of an examination."

Mr. Pruiett then asked, "I will ask you if it is not a fact that that girl's condition, or those sinking spells is not a frequent thing among women when they are pregnant, and in that condition?"

Dr. Saffold replied, "It frequently happens that they have sinking spells brought about by pregnancy."

Mr. Pruiett releases the witness to Re-Cross by Wilson.

Re-Cross Examination by Mr. Wilson...

Mr. Wilson then asked this final question, "And that can exist, however, without women being pregnant; that may exist without pregnancy may it not?"

Dr. Saffold replied, "Yes sir."

Mr. Wilson released Saffold. 

Dr. Geo. N. Bilby was then called and duly sworn as a witness to testify on behalf of the State.

Dr. G. N. Bilby testimony 

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