(Alva's First Homicide - 9 November 1910)
George W. Crowell
Testimony for the State
Mr. Crowell was called and sworn in as the State's witness after Judge Bickel's testimony in the murder trial of Nelson L. Miller.
Direct-examination by Mr. Vigg...
Mr. Vigg began his direct-examination of George W. Crowell by asking the vitals of where he resided and how long.
Mr. Crowell responded, "At Alva, Oklahoma, Woods County. Liking about seven days of eighteen years."
Mr. Vigg then asked how old a man Crowell was?
Crowell stated, "Fifty years old."
Mr. Vigg then asked, "Are you acquainted with the defendant, N. L. Miller?"
Crowell replied, "Yes sir."
Vigg asked, " How long have you known him?"
Crowell stated, "I have known him twenty-five years about."
Mr. Vigg then asked, "Have you had occasion and did you see him on the ninth day of November, 1910?"
Crowell replied, " Yes sir."
Vigg asked, "You may state the facts and circumstances of your seeing him on that day, to the jury?"
Crowell began, "That afternoon, November 9th, 1910, the day after election, My son was over on the west side of the square and he had been over to the bank and came up to my office and said to me --"
Mr. Swindall jumps in with his objection to as incompetent, irrelevant and immaterial, hearsay.
Mr. Vigg then asked the Judge, "Judge, I mean in relation to having seen Mr. Miller?"
Crowell answered, "Well, in the afternoon, I walked over to the opera house and Mr. Martin, the sheriff, opened the door and called me in and he said 'We want you to be one of the jurymen at the inquest.'"
Mr. Vigg asked, "What inquest?"
Crowell replied, "Of Mabel Oakes."
Mr. Vigg asked, "What did you do?"
Crowell stated, "He asked me to help him select the other jurymen, to pick them out of the bystanders outside on the street. When he got enough, Judge Lawhon had us sworn."
Mr. Vigg, "Never mind that, tell us where you found Mabel Oakes, if you found her anywhere?"
Crowell testified, "Hand me that stick, and I will show you, we came through this office and came through a place in here and came in through here, Doctor Bilby was in here and Hugh Martin, and I believe Mr. Channel, Judge Lawhon and Mr. Miller. We came in and walked in that door there and saw her laying with her head to the south a little to the west, feet to the north, a little to the east. Her feet were about eight inches apart. Her hands were placed over her breast this way, as near as I recollect. Dr. Bilby stooped down examined her throat. The scarf was wound around it and it seemed to be very tight, imbedded in the flesh some."
Mr. Vigg asked, "Where was the defendant at that time?"
Crowell answered, "When I came in he was sitting over here on some steps along here and was sitting there with his hands in his face, like this and seemed to be making some noise."
Mr. Vigg asked, "Now describe fully the position of Mabel Oakes, the deceased, and the condition of her body?"
Crowell testified, "Well, her clothing --- her feet were just about that far apart and her clothing was straightened out nicely just as smooth as could be."
Mr. Vigg asked next, "Did her clothes reach clear down to her shoes?"
Crowell replied, "Will, just about like this, just about to here, her head was turned a little bit to the left or to the west."
Mr. Vigg asked, "What did you notice if anything, about her face?"
Crowell replied, "Her face was of a darkish colour."
Mr. Vigg asked, "Was the scarf taken off in your presence?"
Crowell replied, " No sir."
Vigg asked, "Did you have a conversation with the defendant at that time or did you hear him say anything?"
Crowell stated, "I heard him say to Judge Lawhon ---"
Mr. Wilson asked the witness, "Had the defendant been arrested at that time?"
Crowell replied, "I couldn't say."
Mr. Wilson asked, "We object, if the defendant was not arrested at that time."
The Court overruled the objection.
To which the defendant then and there duly excepted at the time.
Mr. Vigg continued the questioning of Crowell, "Go ahead."
Crowell continued his testimony, "Well, he said, 'Are you going to hold me?' "
Mr. Vigg asked, "Well, did anyone speak to him before he said that?"
Crowell replied, "Not as I remember."
Mr. Vigg asked, "He just spoke up voluntarily, did he?"
Crowell responded, "Yes sir, as far as I remember, the Judge says, 'I will have to.' "
Mr. Vigg asked, "About what is the distance between that door, the door of the office and that little place where the deceased was found, approximately?"
Crowell answered, "Eighty feet."
Mr. Vigg finished is direct-examination.
Cross-examination by Mr. Swindall...
Mr. Swindall began his cross-examination by asking, "Where did you say the defendant was at the time of this conversation between him and Judge Lawhon?"
Crowell replied, "Well, along about there, somewhere (indicating)."
Swindall asked, "Wasn't he on the inside, sitting along here somewhere?"
Crowell stated, " No sir, there are no seats there that I remember of, that is a very small place there, it isn't very large."
Swindall asked, "Now, didn't he state to Judge Lawhon and say this to him, 'Do you hold me?' and Judge said, 'Yes sir.' and he said, 'If you hold me I am entitled to give bond or go to jail' and the judge says, 'You are entitled to go to jail as far as I am concerned.' "
Crowell stated, "Well, that is the conversation, but I wasn't asked that."
Swindall asked, "I asked you the question now, he said, 'Are you holding me?' and the Judge says, 'Yes sir' and he said, 'Then I am entitled to give bail or go to jail.'?"
Crowell responded, "He said he would be entitled to give bond and the judge says, 'You will have to go to jail.' "
Swindall asked, "And that's all you heard?"
Crowell replied, "Yes sir."
Swindall asked, "Do you know how he happened to go back in there?"
Crowell replied, "No sir, I do not."
Mr. Vigg & Mr. Swindall released the witness and N. J. Lewellen was called to the stand as another of the State's witness.
© . Linda Mcgill Wagner - began © 1999 Contact Me