(Alva's First Homicide - 9 November 1910)
E. M. Rauh Testimony for Defense
Mr. Rauh testified that he saw Mr. Miller in some time near about twelve o'clock or a few minutes after, at the Republican headquarters, and he saw Mr. Miller again between the hour of two and three o'clock, and Mr. Miller resided when he saw him the last time until three o'clock.
Rauh and Miller came downstairs down the stairway from the Republican headquarters together and Miller went off across the court house yard for the Old Opera House. Rauh untied his team and drove east on the east side of the square and got over nearly at the time that Miller reached the office over there.
While they were over at the Republican headquarters they spoke a few words as they were seated aside each other quite awhile. They were having a conversation about the election.
Rauh didn't notice anything out of the ordinary about Miller's appearance at that time.
Miller came over to the south side of the square where Miller's office was after Rauh had left the north side where the Republican headquarters was. Rauh came south to the south side where Millers office was -- Rauh saw Miller near his office.
Rauh testified that Miller was generally a man if he goes out and walks like as if he is in a hurry. He walked pretty pert that day -- walked right over -- Miller stepped on the sidewalk and pulled the door open and walked in and left the door open. Miller resided in the office for several minutes.
Rauh couldn't state exactly how long. Miller came right out in the street and motioned for Oakes to come over there. Miller hollered to Oakes to come over, and the first man that started over was Oakes.
Oakes was coming up on the sidewalk on the east side of the square about a hundred or hundred and twenty-five feet ahead of Rauh -- walking right ahead of Rauh's buggy. Rauh was driving on the west side of the street (4th Street, heading south) along the court house square and had noticed that as he was walking along there that Oakes had noticed Miller walking across the court house square and as soon as Miller notified Oakes to come over -- Oakes came right across the street to the old opera house. The other man (I. W. Barnhouse) also followed Oakes in a distance of fifteen or twenty feet.
Rauh also testified that after Miller had gone into the office that Rauh saw him through the window. There was a window on the east side of the front door and on the west side of the front door. Rauh saw Miller through the east window.
Rauh's testimonyÖ
"Before that I want to state, that this window right here, there is a desk standing partly in front of that window, now if a man comes across the street at the front, probably couldn't see the man through there, but I was sitting up in my buggy and could see Miller, and he passing the window going across south the window in the east side."
Rauh continues... Miller came out and steps out on the sidewalk five or six feet from the front door and said, "Hey! Hey! If you want to see her hurry, come over quick." Oakes started right across the corner. Rauh testified that Miller seemed badly scared when he came out -- like he was in shock.
When asked if Rauh had seen anyone with Oakes, Rauh says, "I seen a man from the back. I could tell that he is a kind of red complexion man. I could see one side and he was a man with a sandy mustache. I couldn't say otherwise."
Rauh testified that when Miller called him Mr. Oakes started across the road in a run. Miller entered the building first about eight feet in front of Oakes. The door did not shut behind Miller. Miller left the door open wide and Mr. Oakes closed the door. Barnhouse had not stepped on the sidewalk yet when Oakes shut the door.
Rauh stated that Mr. Oakes and this other man (Barnhouse) coming up on the east side were not walking together having any conversation. Oakes was probably walking six or eight feet ahead of the other man that was walking behind him. They went across the street that way, also.
In Cross-examinationÖ
Rauh testified when asked how could he see Miller and Barnhouse at the same time, "Miller was just about straight with my buggy, west and Oakes and the other man were walking possibly about from a hundred and twenty-five feet ahead of me.
Rauh testified that he never saw Oakes leave Republican headquarters. Rauh testified that when he turned the corner at the next street (4th St.). That's when Rauh saw Oakes walking along the walk on the east side of square with Barnhouse following behind Oakes.
When asked by the State prosecutor how close was he to the corner when Miller went in the opera house... Rauh stated, "I wasn't, it was just like this. There is the street (4th St.) that runs around probably thirty to forty feet wider than the other streets and that would throw that building about twenty-five feet from the corner, and I was driving from the west side of the square when I came up and that would throw me angling about seventy-five feet from that window, looking across the street."
Rauh stated that Oakes was ahead of him. When Miller hollered at Oakes to come on I slacked up. When Rauh saw Oakes watching Miller all the way across the courthouse square, Rauh was driving up the east side of the square and Oakes was on the east side also.
Rauh drove about two-thirds of eight hundred and eighty feet in the direction of the opera house and then four hundred feet in this direction and was only seventy-five feet from Miller when he came out of his building.
As soon as Miller made the call Rauh started to go to hitch his team to the hitching rack and go try to see what was up and as he turned the corner Mr. Oakes entered the door and shut the door and shut the other man out. Rauh then turned to his team and turned around and went home. It was around 3:00 o'clock or after.
Defense Testimony - C. H. Mauntel testimony
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