(Alva's First Homicide - 9 November 1910)
Dr. Geo. N. Bilby's Testimony for State
Dr. Geo. N. Bilby was sworn in as the State's sixth witness. One of three Doctors called in to do post mortem autopsy.
Bilby was a native of Iowa; he lived in Alva, Woods County, Oklahoma; he graduated from the Louisville Medical college, Louisville, KY. Settled in Stroud, OK and practiced medicine since 1894. Came to Alva in 1899. He had his Doctor's office upstairs in the building on the NE corner of College Ave. & Flynn St. (where the Johnson Ins. Co. is today). Dr. Bilby married Alberta Mae Stockbarger. Their children were Afton, Paul and Lee. Dr. Bilby was an influential Democrat and represented the Woods County District at the 1906 Constitutional Convention when Oklahoma became a state in 1907. He was one of three doctors that had done the post mortem on Miss Oakes body 9 November 1910.
Direct Examination -- Cross-Examination -- Re-Direct -- Re-Cross
Direct Examination by Mr. Pruiett...
After getting through the first initial questions of where he lived and his occupation, Mr. Pruiett asked the witness, "Did you have occasion to examine the body of the deceased on November 9th, 1910? Where was the body at the time that you examined it?"
Dr. Bilby testified, "Yes sir. It was in the old opera house on the southeast corner of the square. Nearly southeast corner of the square. Laying in a triangular room in the south end of the opera house. (Indicating on plat). Right in that little triangular room."
Mr. Pruiett then asked, "Who else was present doctor at the time you examined the body?"
Dr. Bilby replied, "Well -- when I was first called, Hugh Martin, the sheriff at that time, Jim Channell, Judge Lawhon, W. M. Bickel, George Oakes and Mr. Miller; that was when I first went in."
Dr. Bilby was asked to describe in his own language or way -- to describe the general appearance, that is the appearance and condition of the body of Mabel Oakes and the features and clothing, and everything that he found there.
Dr. Bilby testified as follows, "Well, the face was very dark, in fact almost black, and the eyes slightly protruding; lips almost closed and partly open. The clear white part of the eye was bloodshotten. Very red in both eyes, and the lips were protruding; tongue slightly protruding between the teeth; the lips were closed but the teeth were not and the position of the body was laying with the head to the south, feet to the north, and in a laid out position. Hands resting something like this, (indicating), and feet both together, and there was a scarf around her neck; a white scarf, with a fawn colored diamond figure, and this scarf was drawn very tight twice around her neck tight; run back and resting under the head. As to the clothes she had on she had on a brown coat that came down about this far, (indicating) above the knees. She had on a brown skirt of a different material. Five buttons on the coat. White shirt with white ribbon strip around the neck. She had on a corset cover with a little ribbon run through the holes and under that was a corset and a gauze shirt under that. Black stockings and a pair of new patent leather low shoes. That was the dress."
Dr. Bilby was then asked by Pruiett to describe with reference to the clothing, the skirt, the condition of the top part of the skirt on the body and the condition underneath the body.
Bilby responded, "The top part of the skirt -- she had on this brown skirt I spoke about and under that was a black petticoat, and the skirt was down about here, and kinder pressed back or folded back, the back part was up to about here. (Indicating), wrinkled up and pressed up about the hips."
Mr. Pruiett then asked, "The back part was up under the hips and the front part was down over the limbs?"
Dr. Bilby replied, "Yes sir, she had been pulled down."
Bilby was then handed a scarf which had been marked Exhibit "C", asked by Pruiett to describe and show to the jury about in what manner that was wound around the neck?
Dr. Bilby stated as follows, "Wound, (puts scarf around his neck) about in this position. A little lower, that way. (With ends to the back). This end was a little longer and on the left side was a black hair ribbon, about so long, caught into this way, and the hair was rather disarranged."
Mr. Pruiett asked, "That bow of ribbon you say had been caught in the folds of this scarf?"
Dr. Bilby replied, "Yes sir. It was caught in the folds of it as it was drawn around."
Mr. Pruiett then asked Dr. Bilby to state how the scarf wound around the neck, how was the flesh? Describe the condition of the flesh and its attitude toward the scarf?
Dr. Bilby testified, "The under part of the scarf wasn't broader than that. (Indicating). Pressed deep into the skin. It didn't cut the skin but it was imbedded in the skin and above and below it the skin was bulged out. Face contorted. Discoloration below and above the scarf. The face and whole head very livid, almost black. The neck or the skin of the neck was projecting out over the scarf. When the scarf was removed and taken off it left the impression all around. You could even see the wrinkled places in the skin, and it was in about this position around her neck. (Indicating)."
Mr. Pruiett then asked Bilby if he had noticed evidence of a hemorrhage of the kidneys?
Dr. Bilby stated, "No sir, there had been an evacuation. That is, water had been passed and apparently the body had been pulled down a little after the evacuation of the kidneys. Pulled down four or five inches."
Mr.Swindall for the defense, "Object to as a conclusion of the witness, and we ask that it be withdrawn from the consideration of the jury."
The Court Sustained.
Mr. Pruiett then asked, "Now, doctor, just describe whether the evacuation of the kidneys -- describe the location of the evacuation of the kidneys and the place of the body with reference to it, where it was and so forth, just describe the condition there?"
Dr. Bilby stated, "Well, the clothes were wet and this carpet that she was laying on was wet, and it came up kinder to the small of the back; that is where the wet spot was." Bilby agreed with Pruiett that the wet spot was up under the hips. Bilby went on to state whether or not there had been an evacuation of the bowels, "A very slight evacuation of the bowels. Just a little."
Mr. Pruiett asked the next question, "Now doctor, from the condition of that body, and its condition in all respects, what in your opinion or judgment would you say caused the death, of that girl.
To that Mr. Swindall for the defense, "Objected to as incompetent, irrelevant and immaterial. Invading the province of the jury. Let the jury determine."
The Court, "Objection overruled."
To which ruling of the court the defendant then and there duly excepted at the time.
Dr. Bilby then answered, "I would say from all the conditions and facts, that she was strangled. That she met her death by strangulation."
Mr. Pruiett then asked, "The condition of this scarf that was wound around her neck, as tight as it was when you found her, would that produce death?"
Bilby answered, "Yes sir."
Mr. Swindall objected to as argumentative. Already having been asked and answered.
The Court overruled.
To which ruling of the court the defendant then and there duly excepted at the time.
Mr. Pruiett then surmised, "Doctor, state to the jury whether a human being could by their own efforts produce a strangulation, one that would produce death, and then lay their hands upon their body, in the position this girls hands were found?"
To that... Mr. Swindall again "Objected to as incompetent, irrelevant and immaterial. Calling for an opinion and a conclusion of the witness. Invading the province of the jury."
The Court responded, "I cannot think of anyone else that would be competent ---"
Mr. Pruiett withdraw that question and says he will use another witness first and then use the doctor for the foundation of a hypothetical question.
The Court, "Then the objection will be sustained."
Mr. Pruiett stated, "I will withdraw that question at this time your honor." Pruiett then asked Dr. Bilby, "Doctor, have you read any works on strangulation?"
Dr. Bilby answered, "Yes sir. I have read Taylor. Whithouse & Becker, and other works."
Mr. Pruiett then asked, "From your experience as physician and your learning do you think that you are competent to testify as an expert as to what produced death there?"
Dr. Bilby responded affirmatively, "Yes sir."
Mr.Swindall, "Objected to as incompetent, irrelevant and immaterial. Calling for an opinion of the witness concerning his own testimony."
The Court responded, "I think that is a question for the Court."
Mr. Pruiett responded, "Well, the doctor testified while ago in answer to my question, and I think he is competent, but we have another witness."
The Court, "You can ascertain his competency along that line."
Mr. Pruiett then asked Bilby, "What experience have you had along that line doctor?"
Dr. Bilby answered, "Well, my experience has been mostly reading and then this case. I never saw very many cases of strangulation. It is a rare thing that we have in practice."
Mr. Pruiett again asked Bilby, "You have been practicing how long?"
Dr. Bilby answered, "Since 1894."
State what you found there aside from the scarf in connection with that body, that was indicative of strangulation?"
Mr. Swindall again, "Objected to as incompetent, irrelevant and immaterial. Let him state what it was and what it indicated is a question for the jury."
The Court, "Sustained."
Mr. Pruiett asked Bilby this question, "I will ask you this question doctor: In your judgment do you think it would have been possible for Mabel Oakes to have strangled herself and produced strangulation there to that extent that it would bring about death, and then place her hands on her breast."
Mr. Swindall objected as incompetent, irrelevant and immaterial. Invading the province of the jury, and calling upon the witness to pass upon the weight and sufficiency of the evidence --- it was overruled by the court -- To which ruling of the court the defendant then and there duly excepted at the time.
Dr. Bilby then answered, "It would have been impossible for her to have strangled herself and placed her hands on her breast and also the ends of the scarf back under her head. That would have been impossible."
Mr. Pruiett then asked Bilby if he noticed any other apparel there in connection with her clothing?
Dr. Bilby answered, "No sir." As to noticing any drawers... Bilby responded, "No sir, not at that time. The drawers -- after they had removed the body to the undertakers room the sheriff brought over a pair of drawers."
Mr. Pruiett asked, "Well, but you know that she didn't have on any drawers don't you?"
Bilby replied, "No sir, she didn't."
Mr. Pruiett then asked Bilby what physicians were there with you?
Dr. Bilby responded, "Dr. Templin and Dr. Grantham. They were called after I was called. Before the body or the scarf was removed."
Mr. Pruiett then handed the witness over for Cross-examination.
Cross Examination by Mr. Wilson & Swindall...
Mr. Wilson began his questioning of Dr. Bilby by finding out more about what school of medicine he belong? Was he a graduate of any institution? When did he graduate? When did he make the examination of this body, what day? What time in the afternoon?
Dr. Bilby testified that he belonged to the regular school of medicine from the Louisville Medical College, 6 March 1894. Bilby also testified that he examined the body on the 9 November 1910, in the afternoon about 4:30p.m. He also testified that doctor Templin and Dr. Grantham were with him -- They came in after he came. The time the examination was made they (Grantham & Templin) were there. Templin and Grantham came in before they removed the body.
Mr. Wilson asked Bilby, "And Mr. Miller was given no opportunity to have a physician present while this examination was going on was he doctor?"
To that... Mr. Vigg objected to as incompetent, irrelevant and immaterial.
The Court overruled.
The State then and there duly excepted at the time.
Dr. Bilby then answered, "I don't know that he asked for any."
Mr. Wilson asked Dr. Bilby, "Well, you know that he was under arrest at the time you made the examination and that he was not given an opportunity to have someone there to represent him, don't you?"
Bilby testified, "Well, I don't know, whether he was or not."
Mr. Wilson then asked, "And you know that the physicians who came had been called there by the sheriff and were hostile to Miller, don't you?"
Bilby responded, "No, they were not hostile to him."
Mr. Wilson asked, "Do you say that you are not hostile to Miller, Dr. Bilby?"
Dr. Bilby answered, "I am not hostile to him, no sir."
Mr. Wilson then asked, "Do you say that that scarf was drawn tightly about the neck of Mabel Oakes?"
Dr. Bilby answered, "Yes sir."
Mr. Wilson then asked Dr. Bilby if in his presence and hearing, wasn't the remark made and by one of the physicians, made and not objected to, that that scarf was not tight enough around her neck to choke anyone; that doctor being Dr. Grantham?
Dr. Bilby answered, "No sir." Dr. Bilby was then asked if Dr. Grantham was here or now? To that Bilby answered again, "No sir, I don't know."
When asked if he made a careful examination of the corset and to state to the jury whether or not that corset was tight, Bilby responded with, "Yes sir. The top part of the corset down to the center was loose, loose down to the center, but from the center down to the bottom it was very tight, with the supporters. The top hook was unfastened. The lower part was unusually tight."
Mr. Wilson then asked, "And that it was so tight that it would impair and impede the various functions of the abdomen, was it not?"
Dr. Bilby answered, "I don't know as it was so tight that it would impede the natural functions, while the lower part was pretty tight."
Mr. Wilson asked Bilby, "It would have a tendency, would it not doctor to impede and impair the natural functions?"
Bilby replied, "Well, I don't think it would have any effect on the stomach and upper vicera. It would have a tendency to punch the uterus down and might give a little trouble in the bladder."
Dr. Bilby testified that there was only one button or hook loose and that was the top hook. That was the only one that was loose.
Bilby was asked by Wilson, "Would you say, that corset, all the rest of the hooks being tight, that that might give acute indigestion, or some other disease?"
Dr. Bilby replied, "The next hook or two were not so tight as the lower part was."
Mr. Wilson then asked, "Will you say that they were not tight enough, that they might produce acute indigestion or some other malady?"
Dr. Bilby still said, "I don't think it was tight enough to produce indigestion."
Mr. Wilson asked Bilby, "Well, it was tight enough to prevent the normal action of the parts around which it was so tight -- was it now, doctor?"
Dr. Bilby answered, "I think the blood could circulate all right."
When asked by Wilson if it was a fact that the blood could not circulate freely, Bilby answered, "There was no evidence below that to show that the blood was not circulating or above it either."
Mr. Wilson then asked Bilby, "Now, doctor, are you prepared to say that did not interfere with the circulation of the blood? That is, the veinous-circulation?"
Dr. Bilby replied, "I would say that it didn't, that is to the extent that it would be noticeable."
Mr. Wilson asked, "Well, doctor, it might do so might it not?"
Dr. Bilby replied, "Yes sir."
Wilson next asked Dr. Bilby if he had read "Carter's Medical Jurisprudence?" How long ago had it been since he read it? and what other works had he read?
Dr. Bilby answered, " Yes sir. Well, I read it off and on a good many times. Ever since I have been in the practice. I read it frequently. I have read Whithouse & Becker."
Wilson then asked, "Have you ever been called upon as a physician, in a case where death had been or was supposed to have been produced by strangulation?"
Dr. Bilby replied, "Except in this particular instance, no sir."
Wilson stated, "Then you have absolutely no practical knowledge of that subject, when you made that examination on Mabel Oakes?"
Dr. Bilby replied, "No sir, not of strangulation."
Wilson, "At the time you made the examination on the body of Mabel Oakes, you absolutely had never had any practical experience in cases of strangulation?"
Dr. Bilby answered, "No sir."
Wilson asked, "Then all that you have testified to here is stuff that you have read out of books is it?"
Dr. Bilby replied, "And what I received from a careful examination of the human body and what I know of anatomy and physiology and medicine."
Wilson, "You learned something about anatomy and physiology that would enable you to tell when death was produced by strangulation, did you?"
Dr. Bilby replied, "No sir, that would not give me that knowledge. It gives me knowledge of the human body and so forth."
Wilson asked, "Now did you examine the extremities of this patient?"
Dr. Bilby asks, "The Limbs?"
Wilson responds, "You are a physician, you ought to know what I mean."
Dr. Bilby, "Well, I didn't understand the question."
Wilson asked him again, "I asked you if you examined her extremities?"
Dr. Bilby asked, "Extremities?"
Wilson responded, "Yes, extremities. Is it a fact that you have such little knowledge of the English language that you do not know the meaning of the word 'extremity'?"
Mr. Vigg jumps in with an objection to as immaterial.
The Court overruled.
To which ruling of the court the State then and there duly excepted at the time.
Dr. Bilby replied, "The extremities would be the limbs the way I understand it."
Wilson then wondered, "Why didn't you answer the question when I asked you while ago then?"
Dr. Bilby replied, "Well, simply because you happened to catch me up is all."
Wilson asked, "Catch you up."
Dr. Bilby, "Yes."
Wilson went on to ask, "Now tell the jury if you examined the extremities of this corpse?"
Dr. Bilby replied, "Well, I examined the external viscera."
Wilson asked Dr. Bilby, "Now, Dr. Bilby, you know the question I asked you, and you understand the English language, don't you?"
Bilby replied, "Yes sir, but I don't understand the way you put the question."
Wilson went on to ask, "You profess to be a man of intelligence, don't you."
Bilby responded affirmatively, "Yes sir."
Wilson, "then answer the question whether you examined the extremities of Miss Oakes when you made the examination."
Bilby replied, "I examined the whole body."
Wilson then asked, "And isn't one of the symptoms of death by strangulation that the extremities are livid?"
Dr. Bilby responded, "No sir, not necessarily, the face and countenance is livid."
Wilson, "Will you say that the extremities are not livid in a case of death by strangulation?"
Bilby, "No sir, not necessarily."
Wilson then asked, "Doctor, is this true. Will you as a medical man say this is true: The appearance in a case of strangulation is usually very distinctly marked, and are, livid extremities, is that true?"
Dr. Bilby replied, "Some times, and some times they are not. Some authorities differ as to that. I think in most instances they are not."
Wilson then asked, "All you know is what some authority has said."
Bilby, "Yes sir, we have to go by what we read a good deal."
Wilson went on, "Tell us what authors say livid extremities are symptoms of strangulation?"
Bilby stated, "Some times the extremities may be livid, but most of the times they are not. The countenance and face is livid."
Wilson repeated, "Some authorities say the extremities are livid and some say they are not, is that it?"
Bilby replied, "Yes sir. It might be in one case sometimes and not be livid in another."
Wilson asked again, "Some authors say that sometimes the extremities are livid and sometimes they are not, is that what you are so anxious for us to know?"
Bilby stated, "It is owing to the case. Some cases might be and some might not be."
Wilson then asked Bilby what author it was that he read that said the extremities are not always livid?
Dr. Bilby responded, "I think you will find it in Taylors."
Wilson then asked Bilby if he knew what the meaning of the word livid is?
Bilby replied, "Dark or blue."
Wilson asked Bilby if he observed whether the larynx was flattened in this case?
Bilby replied, "Yes sir, it was flattened and I could tell by feeling of it."
Wilson then asked Bilby if there was any blood issuing from the nose or the mouth?
Bilby stated, "There was a little bloody mucous from the nose." Bilby also stated that there was nothing from the ears.
Wilson then asked Bilby if the books say that blood may issue from the nose, mouth and ears?
Dr. Bilby replied, "it may or may not. Most times it does not from the ears."
Wilson then asked what author says there is never blood flows from the ears, nose and mouth?
Dr. Bilby responded, "No one says it never does. it may or it may not."
Wilson then asked Bilby if he had examined the chest and was it in this case?
Bilby answered simply, "Yes sir. It was slightly ecchymotic below this band." Then Bilby described that ecchymosis, "Little specks or spots on the skin."
Wilson then asked, "Can an examination of the genital organs throw any light upon whether or not a person was strangled to death?"
Bilby answered, "No sir, not necessarily."
Wilson, "Will you say that it is ever the case that an examination of the genital organs might give some indications as to whether or not a person has met death by strangulation?"
Bilby again stated, "No sir, I don't think so."
Wilson asked, "Isn't it a fact that the genital organs are frequently turgid?"
Bilby stated, "Yes sir, they might be."
Wilson asked him if he knew anything about that? What do you know about that?
Bilby replied, "Yes sir, I do. I know that in strangulation you have a livid dark Ecchymotic condition of the face. May or may not be over the chest. May or may not extend to the hands or limbs. The kidneys may have an evacuation, generally do. And sometimes they are not so congested."
Wilson asks, "But doctor, I am asking you in regard to the genital organs being turgid?"
Bilby states, "Some times they are and sometimes they are not."
Wilson then asked Dr. Bilby if he examined the heart of this patient?
Dr. Bilby replied, "Yes sir."
Wilson then asked Bilby to state to the jury whether there is any difference, in a case where death resulted from strangulation, between the veinous and arterial circulation?
Bilby replied, "No sir, they are both dark."
Wilson asked, "Isn't it true that the right heart and veinous system sometimes become gorged with blood and that the pulmonic circulations does not."
Bilby answered, "As to circulation, the right heart may be full of fluid blood and also the pulmonary circulation may be congested so as to color the blood. But it is all black and turgid."
Wilson, "You say then that the blood in the pulmonary circulation is black as a result of strangulation, do you?"
Bilby replied, "Well, all the blood is dark."
Wilson, "Do you say the arterial blood is as dark as the veinous?"
Dr. Bilby stated, "Why yes, in that case."
Wilson then asked if an examination of the liver would give any indication as to whether a person had died of strangulation?"
Dr. Bilby testified, "Well, the liver might be Ecchymoses or it might not."
Wilson asked the doctor if he examined the liver of this girl?
Dr. Bilby stated, "I didn't remove it. We had it open so we could look at it."
Wilson then asked if Bilby had found any ecchymosis there?
Dr. Bilby responded, "Well, it was very slight if any, it was not to any great extent."
Wilson then asked the doctor if his examination there was a very superficial examination?
Dr. Bilby replied, "No sir, we made a careful examination of the body."
Wilson asked, "You never made any examination of the genital organs, did you?"
Bilby responded, "Yes sir. We removed them and examined them." Bilby went on to testified that Dr. Templin and Dr. Grantham assisted him in examining them.
Wilson stated that Bilby didn't think about that when he was testifying in chief, did he?
Bilby stated, "It was not brought out."
Wilson, "You were asked what kind of an examination you made and you forgot that you had examined the genital organs, didn't you?"
Bilby stated, "Well, they didn't' ask me that."
Wilson asked Bilby to tell them what he found in the genital organs?
Dr. Bilby testified, "We found a phoetus (fetus). A phoetus about four and a half months old."
Wilson asked if there was anything else?
Bilby stated, "I think that was about all."
Wilson then asked, "Was there anything in the genital organs that would indicate strangulation?"
Bilby replied, "No sir."
Wilson asked, "Now, doctor, suppose a person faints from functional heart trouble or indigestion, brought on by tight lacing, and falls down or lies down and stretches out and dies. Is it not true that those symptoms of death by strangulation would appear in a fatal case of that kind or a person dying that way?"
Dr. Bilby stated, "No sir. There would not all symptoms appear. You have to take the symptoms all together."
Wilson then asked, "Wouldn't some of the symptoms be present doctor?"
Dr. Bilby testified, "Yes sir. Some of the congestion of the internal viscera might appear, but you would not have that livid Ecchymoses condition of the face, or the protruding eyes, or protruding tongue, or any of those symptoms."
Wilson then asked, "Now in this case, one of the symptoms as you read of strangulation is protruding eyes, is it not? And in some cases of strangulation the eyes always protrude, do they not?"
Dr. Bilby stated to the first question, "Yes sir." To the second question Bilby replied, "Some times more than other times."
Wilson, "And when they found this girl dead her eyes were protruding but little were they?"
Dr. Bilby stated, "Yes, they were bulging some."
Wilson said, "But not so much but what the eye lids almost covered them, did they not?"
Bilby insisted, "They were not closed."
Wilson asked, "Well, they were nearly closed were they not?"
Bilby answered, "Yes sir, they partly closed."
Wilson asked, "Now didn't you tell me that they were almost closed while ago?"
Dr. Bilby stated, "yes sir, they were almost closed."
Wilson asked, "Judge Lawhon saw the girl at the same time that you saw her, didn't he?"
Bilby replied, "Yes sir."
Wilson, "And doctor, if the eyes were almost closed at the time you saw her, one of the symptoms of strangulation was absent on Mabel Oakes case in a measure, was it not?"
Bilby answered, "No sir, I couldn't say that it was absent."
Wilson, "Well, it was absent in a way wasn't it. That is, it was not a well developed symptom?"
Bilby answered, "It was a pretty well developed symptom. That Ecchymoses condition, and --"
Wilson, "Oh that Ecchymoses', I understand that. If you want to say Ecchymoses and keep repeating it, do so until you get tired, and then answer my question. The question is --- do you know what the question is?"
Bilby states the question, "If the eyes were protruding, was that a symptom of strangulation."
Wilson, "Yes ---"
Bilby repeats the rest of the question, "And if the eyes were closed would that be one of the symptoms eliminated."
Wilson, "Eliminated yes. Now tell me if that is true?"
Bilby answered, "Well, it would be in a way."
Wilson, "And one of the symptoms by which you determine death by strangulation at least would be weakened and of small consequence in determining the cause of death would it not?"
Bilby testified, "I wouldn't say that it was eliminated. It wouldn't be eliminated. I wouldn't say that it would be eliminated. It might weaken it."
Wilson, "If the eyes were nearly closed?"
Bilby insisted, "I wouldn't say that it was delaminated."
Wilson, "It would not be as strong a symptom as if the eyes were protruding so that the lids could not close over them would it?"
Bilby answered, "Not as much so, no sir."
Wilson, "Now you want us to understand that it wouldn't make much difference if the eyes were almost closed or whether they were entirely open and bulged out so that the eye lids could not close over them, do you?"
Bilby stated, "Of course if the eyes were bulging a way out it would be more marked."
Wilson, "It would be stronger evidence of death by strangulation?"
Bilby answered, "Yes sir."
Wilson also injected, "And you stated I believe that the tongue didn't project out between the lips at all."
Bilby said, "It was between the teeth."
Wilson asked, "Where death is produced by strangulation one of the symptoms is the protruding tongue is it not?"
Bilby replied, "Yes sir. sometimes between the teeth."
Wilson then asked Bilby, "Did you ever read an author that said that it was just sometimes between the teeth and sometimes not? What author?"
Dr. Bilby, "Yes sir. You will find it in Taylor."
Wilson then asked, "Where the tongue does not protrude as prominently as ordinarily it would be less evidence of death by strangulation would it not?"
Bilby disagreed, "No sir, I would not expect the tongue to protrude more than between the teeth."
Wilson, "I believe now doctor, I will give you the privilege of just stating --- I will just turn you loose and if you can think of anything that you can say that you think will convict Miller I want you to tell this jury?"
Mr. Pruiett, "Objected to as entirely improper. This is a very improper statement for counsel to make to a witness."
The Court sustained.
To which ruling of the court the defendant then and there duly excepted at the time.
Wilson then asked, "Well, will you say that where the tongue is only protruding between the teeth that that is as good evidence of death by strangulation as where the tongue is protruding out beyond the lips?"
Dr. Bilby agreed, "Yes sir, I say it is just as strong evidence."
Wilson asked, "Now -- what are the symptoms, according to those books that you claim that you have read, in regard to death by strangulation, about the tongue?"
Bilby answered, "They say that if the ligature is low there would be a protruding between the teeth, and if the ligature was high the tongue may even drop back."
Wilson, "Was the ligature high or low in this case?"
Bilby stated the ligature was low."
Wilson then asked, "Would not that fact cause the tongue to protrude more?"
Bilby stated, "It would protrude more if the ligature was low and less if the ligature was high."
Wilson, "Well, you said it protruded a little didn't it?"
Dr. Bilby restated, "It was between the teeth, yes sir."
Wilson asked, " Mabel Oakes had very large teeth, didn't she?"
Bilby answered, "Well, they were about like the ordinary."
Mr. Swindall (also for the defense) asked the court if he could ask a question.
Mr. Pruiett had not objections.
Mr. Swindall asked, "Doctor you stated that the neck of the lady was corded so that the folds of the scarf made an impression in the neck?"
Bilby, "Yes sir. All around the neck."
Swindall then asked, "Now don't you know that it is a fact that even though you had a scarf just wrapped loose around the neck like that, so it would not choke you and lay down and stretch out and throw your head back and die in that condition, that the swelling of the body would cause the scarf to become pressed or imbedded in the neck within three hours time?"
Bilby stated, "No sir, I don't know that."
Swindall then asked, "Do you say that a lady cannot draw a scarf around her neck tight enough to choke her and fold the ends back and lay down with her head back and strangle to death?"
Bilby testified, "No sir, I don't think she could."
Swindall then asked, "Did you every read any authority that said that couldn't be done?"
Bilby replied, "I know just by --"
Swindall interrupted, "But doctor, I am asking you if the authorities say that couldn't be done. If a lady couldn't wrap a scarf around her neck, pull it and tie it and then lay down and fold her hands?"
Bilby insisted, "She couldn't fold her hands. She couldn't move her hands after it was drawn."
Swindall asked, "I am not asking you that, I am asking you if you ever read anything in the books that said that that could not be done?"
Bilby stated, "No sir."
Swindall, "And all you know about strangulation is what you get from the books isn't it?"
Dr. Bilby answered, "Yes sir, that is the main thing."
Swindall asked, "I will ask you if it is not a fact that everything you know about strangulation is what you got from books and if you didn't testify to that here while ago?"
Bilby, "Yes sir, and from examining this body."
Swindall asks, "Just this one body?"
Bilby replied, "Yes sir."
Swindall then asked, "You never had examined a body that had been strangled before had you?"
Bilby replied, "No sir."
Swindall then asked, "You had never seen one that had been strangled before?"
Bilby stated, "No sir."
Swindall then asked, "And therefore you knowledge is what you got from the books?"
Bilby stated, "Yes sir."
Swindall then asked Bilby, "And there is nothing in the books that say that cannot be done is there?"
Bilby didn't answer at first asking.
Swindall restated and asked, "Answer the question? There is nothing in the books that say it cannot be done it there?"
Dr. Bilby answered, "I think Whithouse & Becker will say that it invariably --"Swindall interrupted, "Will you say that? Answer the question?"
Dr. Bilby answered, "They say that one knot would indicate suicide and two knots would be an indication of homicide. It is a fact that it would be almost impossible for a person to draw a ligature and strangle themselves without fastening it to something and then throwing the weight of the body on it."
Swindall then asked, "Do you testify that she could not draw that ligature? Do you say that if she drew that ligature up there and tied it in one knot that that would be suicide do you?"
Bilby repeated, "One knot would indicate suicide? I doubt whether one knot would hold without the ligature being damp."
Swindall asked, "You don't know how these knots were in this case, do you?"
Bilby replied, "There were no knots in what we found."
Swindall asked, "Did you say wet the knot?"
Dr. Bilby explained, "If the knot was wet it wouldn't slip."
Swindall asked, "But you say that it would be one knot to commit suicide and two knots to be homicide."
Bilby replied, "Yes sir, that is the rule."
Swindall asked, "So now if there were three knots I guess that would be metricide would it?"
Bilby replied, "No, that would be homicide. I don't think that would hold. There was no knot at all in that case."
Swindall asked then, "Well, if it was drawn around and crossed over and then you lay down on it wouldn't it hold?"
Bilby stated, "And besides if you drawed it tight enough to produce death the hands would have to be up, up somewhere. They would be up in some position."
Swindall asked, "Well, but if you were to lay down and then remove your hands before you lost control."
Bilby testified, "Oh, they lose control mighty quick."
Swindall asked, "Your books taught you that a man may be shot through the heart and then walk a block don't they?"
Mr. Pruiett objected to as incompetent, irrelevant and immaterial.
Swindall asked, "There are actions in the body after death comes are there not?"
Bilby replied, "There might be --- No, No, not after death. There would be no action after death."
Swindall, "I don't mean after death but after a person had received a fatal hurt?"
Bilby replied, "Yes sir, there might be in that case."
Swindall asked, "And in a fatal choking would there be the same? Wouldn't they move the same way and in the same manner?"
Dr. Bilby replied, "In a fatal choking there would be some contortions of the body, or moving."
Swindall asked, "Did you see where the body had moved around there in that room?"
Bilby stated, "No sir, there had been no particular struggle that we saw. There might have been some moving."
Swindall asked how Mabel Oakes was laying on the floor and if a kind of pillow was under her head?
Bilby replied, "The carpet was folded up and under her head."
Swindall asked, "Don't you know as a matter of fact that any lady -- you were talking about her skirts being pulled up -- Don't you know that any lady in sitting down pulls her clothing up, when she sits down on the floor?"
Dr. Bilby replied, "I wouldn't think they would pull them all clear up to that part of the body. Both skirts was up."
Swindall asked Bilby if her underskirt and skirt were up?
Bilby replied, "Yes sir."
Swindall, "Do you mean to say that you never saw a lady out on a picnic pull her skirt up when she sits down, so the back of her skirt would be under her?"
Bilby replied, "I have seen them pull up their over skirt, but not the petticoat."
Swindall , "Now -- don't you know from just a collar that fits tight like yours there, or a tight fitting collar, that when you lay down, even if it don't fit tight, that when you lay down that that tends to choke you?"
Bilby agreed, "yes, there would be a little tendency to choke you, it would be owing to how the shirt would draw."
Swindall, "Then if you wrapped a scarf around your neck while sitting or standing, as tight as you could, when you lay down it would tighten around the neck, wouldn't it?"
Dr. Bilby testified, "it might and it might not."
Swindall, "Don't you know that it does that, at the time you lay down and the body relaxes, that it tightens. You put your collar on and lay down it draws it that much tighter?"
Dr. Bilby stated, "That would be more on account of the shirt drawing than the collar."
Swindall, "You don't think that that scarf wrapped as tight as you could wrap it would choke as much as a collar?"
Bilby stated, "Oh! If it was drawn as tight as you could, it would. You didn't say that."
Swindall then asked Bilby what he saw about this body when he got in there?
Bilby replied, "Well, I looked at -- It was dark, the face livid. That --"
Swindall interrupted, "Isn't it a fact doctor --"
Bilby interrupted his answer, "I started in to answer it and I want to finish now. The face was dark and livid and the eyes slightly protruded like I said before and the tongue between the teeth. They called two other doctors before I did anything."
Swindall continued, "Now, doctor, supposing that a party fainted and lay down, what effect would the rush of the blood have?"
Bilby answered, "The rush of blood? Well, they would become very pale and pallid. That is what causes the fainting, the rush of the blood, the blood going back."
Swindall supposed, "Suppose all the blood rushing to the head and then back, that is caused, that is, the faint is caused by the blood rushing from the stomach back to the brain?"
Bilby replied, "Yes. If I understand you."
Swindall then asked, "And when you lay down, the reaction sets in?"
Bilby replied, "Yes, it flows back."
Swindal, "Now, doctor, I want to know what would be the difference in the appearance of the blood in the body as to coloration in a case of fainting and a case of strangulation?"
Bilby answered, "Well, in fainting the face becomes pallid and the blood flows from the face, and when the blood comes back again and the face gets the natural color again, and in strangulation it is very dark and livid."
Swindall, "Then you don't think the body would be dark in a case of fainting?"
Bilby stated, "No sir."
Swindall asked, "When you took this lady's corset off you say the lower part of it was very tight?"
Bilby replied, "Yes sir."
Swindall, "How many hooks were on that corset?"
Bilby replied, "Six I believe."
Swindall stated, "Now you say that corset was laced very tight around the waist."
Bilby stated, "From the waistline down, yes sir."
Swindall, "Now, doctor, wasn't it so tight that it left an impression on the body when it came off?"
Bilby stated, "I didn't notice any particular impression on the body. It was tight though and hard to unhook."
Swindall, "You didn't look to see if there was any impression around her waist did you?"
Bilby replied, "I noticed no impression there."
Swindall, "Did you notice any bruises or anything on her body?"
Bilby replied, "There was evidences of an old bruise under the left breast, about the size of a quarter."
Swindall, "Did you notice any flesh wounds or bruises over her body anywhere?"
Bilby answered, "No sir."
Swindall then asked if he noticed any bruises about her face?
Bilby answered, "The left eye was blue under there, and after the undertaker took the blood out the left eye still stayed dark and more congested than the other."
Swindall, "Was there any abrasion on her face?"
Bilby replied, "It looking like chafing on the face."
Swindall then asked, "Did her body show where there had been any operation performed on her or anything?"
Bilby replied, "No sir."
Swindall, It didn't show where an abortion had been produced did it doctor, or anything of that kind?"
Bilby replied, "No sir."
Swindall finished his Cross-examination and turned the witness back to Pruiett for Re-Direct.
Re-Direct Examination by Mr. Pruiett...
Mr. Pruiett begins, "Dr., In your judgment, from the appearance of this body and all the symptoms, how long would you say that she had been dead?"
Bilby replied, "That is hard to say. She had been dead a sufficient length of time for rigor-mortis to set in.
Pruiett, "now doctor, did you perform an autopsy on this body?"
Bilby replied, "Yes sir."
Pruiett asked the doctor what he took from the body?
Bilby answered, "Mucous, a phoetus (fetus), the heart, and examined the lungs, and the liver without removing, and we also removed the stomach."
Pruiett asked what did he do with the stomach after you removed it?
Bilby testified, "Sent it in a sealed jar by express to Edwin DeBarr."
Pruiett asked, "Who is he?"
Bilby answered, "He is the State Chemist at Norman."
Pruiett ends his Re-Direct of the witness.
Re-Cross Examination by Wilson...
Wilson begins with, "Doctor, the body was still warm was it not when you found it?"
Bilby answered, "Well, it wasn't as --- I would say that it was about as cold as a body gets. Of course it was a warm day and it didn't seem to be cold."
Wilson then asked, "You stated that rigor-mortis had set in?"
Bilby replied, "Yes sir."
Wilson asked Bilby to tell what rigor-mortis was?
Bilby testified, "Rig-mortis means the muscles become stiff."
Wilson then asked, "What is that you call it, rig-mortis? do you mean rigor-mortis?"
Bilby stated, "I mean stiff."
Wilson, "How do you spell it?"
Bilby spelled it, "I am not sure, r-i-g-i m-o-r-t-i-s I believe."
Wilson asked, "Don't you mean rigor mortis? What do you mean by that riggama mortis, or rigidly mortis as you call it? Yo say rigi-? What do you mean by that?"
(There was a missing page of the transcript here towards the end of Bilby's questioning. The transcript skipped to page 312 where the court asked the clerk to call the jury and the State called their next witness, Dr. Templin.)
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