(Alva's First Homicide - 9 November 1910)
Hugh Martin's Testimony for State
Hugh Martin was sworn upon his oath and testified on behalf of the State of Oklahoma as their fourth witness in the murder trial of Nelson L. Miller. -- Direct Examination -- Cross-Examination
Direct examination by Mr. Tincher...
Hugh Martin was sworn to testify after a ten minute recess after Judge Lawhon had testified. Martin was the fourth witness called by the State. Mr. Tincher does the honor of direct examination of Mr. Martin.
We found out that Mr. Hugh Martin had held the official position of Sheriff in November 1910, Woods County, Oklahoma, but on election day, 9 November 1910 -- he lost that race by one vote. Martin resided in Woods County, Oklahoma. Mr. Martin also testified that he saw Miller in Miller's office in the old opera house, in Alva, Woods County, Oklahoma, about 3:00 o'clock.
George Oakes had come to the sheriff's office and told Martin that Oakes daughter, Mabel, was laying dead in the old opera house. Martin went over there to the old opera house.
Martin testified that when he got over to Miller's office, there was no one in the office. Miller was out in front.
Mr. Tincher asks Sheriff Martin if he had a conversation with Miller at that time and asked him to state that conversation to the court and jury?
Sheriff Martin started to answer, but was interrupted by an objection from Swindall for the defense. Mr. Swindall stated to the court, "I would like to ask a question first."
The Court allowed Swindall to proceed.
Swindall asks Martin, "Did you have Mr. Miller under arrest at that time?"
Martin replied, "No sir."
Swindall then asks, "He knew that you were the sheriff didn't he?"
Martin replied, "Yes sir."
Mr. Swindall, "Then we object to any conversation between himself and the sheriff as incompetent."
The Court overruled. To which ruling of the court the defendant then and there duly excepted at the time.
The Court, "As I understand it, it was on this day, immediately before going in?"
Sheriff Martin replies to Court's question, "Yes sir."
Mr. Tincher asks Sheriff Martin to state the conversation.
Martin replies, "I asked him if it was a fact that Mabel Oakes was dead in the building and he said it was. And we immediately went in."
Mr. Swindall again object to as incompetent, irrelevant and immaterial/ No foundation having been shown that the statements were made free and voluntarily to the officer. This objection came when Mr. Tincher requested that Martin state all the conversation that he had as far a he could remember.
The Court overruled. To which ruling of the court the defendant then and there duly excepted at the time.
Sheriff Martin continued relaying his conversation, "When I first went up to the body these are the words I said: 'My God, she has been dead two or three days, hasn't she?' he said 'No she was dead just a short time. She was here when I left,' He said 'She was here alive when I left about half past twelve or one o'clock.' And he said that she was sitting down in his office and that she got up and made the remark that her heart had went back on her and kinder staggered back through the office toward that little room back of the office. That he asked her if she didn't want a little drink of whiskey or something, -- if she didn't think it would help her and she said 'No' and that he went out then to get his dinner or something. I think he had gone to dinner and came back and he came back in an hour or such a matter and he said, 'I expected to find her in this little room back of the office.' "
Sheriff Martin continued, "He said 'I expected to find her back here,' that she wasn't there and he said, 'I had some whiskey hid back on the stage back there,' and that he went back to get a bottle of that whiskey and discovered her body lying in that room there."
Mr. Tincher asks then, "What was the condition of that body, how was the corpse laying when you speak of Mr. Miller going back, how was she laying?"
Sheriff Martin replied, "She was laying on her back, her feet close together her hands about in this position. (on breast just below the nipples). I asked him if the body had been moved and he said 'No.' that it had not."
Martin testified that he did see a bottle of whiskey there at that time, that day and Mr. Miller got it out of the barrel or a box by the door of the little room just off the offices in the front of the building. Martin stated, "He got it out of the, out of a barrel or a box sitting right by this door, right about here. I believe it was a pint bottle. Some of it had been taken out, I don't know how much. I didn't pay particular attention, only that he said he had some whiskey there and would like to take a drink of it, and he reached in and took the whiskey out and took a drink."
Mr. Tincher asks, "Were you present at the finding or did you find any of Mabel Oakes clothing in that room, except what was on her person?"
Martin replied, "yes sir, after the corpse was removed I found some clothing there. A pair of ladies drawers. They were laying, -- The body was laying about here in this room, and the drawers were laying near the feet and a little to one side of the body. On the right hand side of the body."
Sheriff Martin testified that he did not observe the condition of her clothing at the time the corpse was removed. The doctors moved the corpse. Martin wasn't back there at the time they picked the body up. Dr. Bilby and Dr. Templin were. Martin did observe the scarf, though, and it was wrapped around her neck. As sheriff he took charge of the scarf and the drawers and the other clothing of the deceased.
Martin stated, "I turned them over to my successor Mr. Rambo the present sheriff of Woods county, Oklahoma.
Cross-Examination by Swindall...
Mr. Swindall began his cross-examination, "Now you stated that Mr. Miller stated to you when he left there, when he left the office about twelve or twelve thirty o'clock, I believe it was, that Miss Oakes was in the office, he didn't say that she was back in this room where you say you found her did he?"
Martin replied, "He said she staggered back toward this door. (indicating on plat).
Swindall asks Martin if he was positive which on of those two rooms it was, this one here, or this one?
Mr. Martin again testified, "This room right here, (indicating on map)."
Mr. Martin testified that he didn't think there was any bed or anything of that kind in that room. It was full of different kinds of things. He did not believe that there was any bed in there.
Mr. Martin also testified that he did not know that he was the first one there after it was reported that Mabel was dead. He also testified that Judge Lawhon was not there, but Martin was somewhere in the building when he did arrive. He did not hear any conversation between Miller and Lawhon. He didn't pay any attention.
As to the old opera house and had it been used along about that time as an opera house... Martin stated, "Well, I think it had been some time since it had been used for that."
Mr. Swindall asked Mr. Martin about finding apparels of Miss Oakes, "You were asked about finding any of Mabel Oakes apparel, or what you found on her and you were referred to a pair of panties or drawers, now you don't know whose drawers those were do you? Nor how they got in there do you? You don't know if they were Mabel Oakes or not?"
Martin replied, "No sir."
Mr. Swindall on the rooms in the opera house, "Now this room here had been used as a dressing room, and this room here had been used as a dressing room had it not, when that was used as an opera house?"
Martin responded, "I don't know what they were used for."
Martin was asked if he had ever been in there when it was used as an opera house. He responded, "I never was in those rooms."
Martin testified that he never looked in the box, or the place where he saw Mr. Miller get that whiskey. He did not know whether there was any other whiskey in there or not. He did not even know whether that was the bottle Miller went back on the stage and got or whether it was another bottle.
That was the end of Hugh Martin's testimony. Dr. B. W. Saffold was the next State witness called, sworn in to testify.
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