(Alva's First Homicide - 9 November 1910)
Elmer D. Drake Testimony for Defense
Mr. Drake testified that he was present in N. L. Miller's office when Mabel Oakes had a fainting spell and fainted about two years before Miss Oakes demise.
Drake stated that the circumstances of the first time he witnessed Miss Oakes fainting spells was in Miller's office and Mabel Oakes was there and she had a fainting spell. Then he helped to get Miss Oakes from the little back room in the back of Miller's office from the front of the opera house to the stage, where there was a lounge.
He didn't know how long she remained in that condition at that time, because he left soon afterward as soon as they got her to the stage lounge.
Another time Drake saw Miss Oakes have another fainting spell was after that first time and in Miller's office. Miss Oakes was sitting in a chair at the typewriter by Miller's desk.
Miss Oakes just reclined her head back and seemed to be lifeless and quit breathing. Drake rubbed one of her hands a little and Miller fanned her and rubbed the other hand. It was just a few moments maybe ten minutes before she revived. Drake testified that Miss Oakes was a large woman, around 160 or 165 pounds. She appeared to be a strong, healthy, rugged woman.
Mr. Drake testified that one time he had occasion to look in a drawer where Miss Oakes sat at in Miller's office and saw some staples, keys and strychnine tablets. He described the strychnine tablets as very small, little round tablets in a paste board box marked "Strychnine tablets."
Mr. Drake testified that he asked who was taking strychnine and Mabel Oakes said she had to take strychnine for her heart and that she kept them there in that drawer.
As to the habit of the people around Alva using Miller's gray mare and buggy, Mr. Drake testified that it was a common thing to see a half dozen people driving that horse and buggy. In fact Drake drove it a good deal himself several times.
Under Cross-examination...
Mr. Pruiett asked Drake if he was a partner of Mr. Miller's. Mr. Drake replied that he had been.
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