Direct examination by Mr. Vigg... 

Under direct examination by Mr. Vigg, we find out some more pieces to this mystery as the pieces of the puzzle slowly begin to fall into place -- little by little.

We know that Barnhouse was sworn in as the State's second witness in the Old Opera House murder trial back in September, 1911. Mr. Barnhouse had turned 35 years of age, April, 1911. He resided 11 miles northwest of Alva, Woods County, Oklahoma. 

Barnhouse stated that he was acquainted with Mr. Oakes and saw him in the City of Alva on 9 November 1910. Mr. Barnhouse testified that he got to town about half past twelve (12:30p.m.), went in to Crouch's lunch room, on the south side of the square -- fed his team out on the streets of the square -- then fed himself dinner and come out of Crouch's lunch room between 1:00 o'clock and 1:10p.m. 

He then walked up the street and walked right behind Mr. Oakes -- kicking him in the back of the leg. He stated in testimony that Mr. Oakes and he walked around the square together -- to the corner and then looked at the bulletin board at the Democratic headquarters -- then walked around to the Republican headquarters -- getting to the Republican headquarters about 1:30p.m. 

Barnhouse stated in testimony that he had seen Mr. Miller at the Republican headquarters during that time. Barnhouse stated that Miller got there about thirty to forty-five minutes after Oakes and Barnhouse arrived. Barnhouse did not know the exact time, but thought it to be about 2:15 to 2:30. 

Barnhouse testified that Miller stayed about 15 minutes at Republican headquarters. 

Mr. Vigg asked Barnhouse as to Miller's condition at the time that Miller came to the Republican headquarters about 2:15 o'clock in the afternoon of 9 November 1910.

Mr. Barnhouse responded, "Well, he came in and seemed to be in a hurry and looked over the room where they were counting and I believe spoke to some one there and walked to the front room and back and out in the hall again and then stayed a few minutes and returned and looked around and spoke something to Mr. Oakes and then he left."

Barnhouse was then asked what he and Oakes did after N. L. Miller left and when did they leave?

Barnhouse proclaimed, "Well, we set there a while. We left about 3:00 o'clock I believe. Mr. Oakes went with me. We went east to the east side of the square and south toward --"

Mr. Vigg enters, "Let the jury understand you, you say you went east, state whether or not you came out of the Republican headquarters and went east. Where did you go?"

Mr. Barnhouse stated, "I was on my road to the blacksmith's shop, and got as far as Nichols & Noels Livery barn." 

When asked where the Livery barn was located, Barnhouse replied, "Well its right across there on the south east corner. Right on the crossing of the street from the public square, right straight east from the corner."

Mr. Vigg asked Barnhouse, "This being the livery barn where you and Mr. Oakes was passing, where is the office of N. L. Miller in reference to this point?"

Barnhouse stated, "It is southwest, across the street cornerwise, about a hundred yards."

When asked what Barnhouse saw and heard at that time, Barnhouse responded, "I heard Mr. Miller say 'George', he called 'George'."

The next thing Barnhouse heard, "Well, I looked around and George Oakes took his coat in his hand and started across, cornering across toward Mr. Miller's office and I come along behind. Miller was standing in his office door. Mr. Oakes went inside and Mr. Miller had hold of the door with his left hand. I was right close behind Mr. Oakes and he shut the door in my face. Miller shut the door in my face. I did not go in." Barnhouse testified that only Mr. Oakes and Mr. Miller went into the office.

Cross-Examination by Swindall...

Mr. Swindall for the Defense began questioning, "Now Mr. Barnhouse, you say that you arrived in Alva about noon?"

Barnhouse replied, "About 12:30. The first thing, I fed my team on the south side of the square there, I feed there on the south side of the square -- then went to a lunch room to get my dinner. It was an already prepared dinner. I guess it took me twenty or twenty-five minutes maybe." When asked if Barnhouse remained in the lunch room after he ate his dinner, Barnhouse responded, "Yes sir, long enough to pay the man."

Barnhouse then stepped out at the north of the building, that is, the front door of the building. He then started to go west where he met Mr. Oakes. Barnhouse testified, "Well, he was standing with his back toward me, talking to a couple gentlemen, I don't remember who, I walked up behind him and kicked him on the leg, I knew him and I kicked him behind his knee. That was just west of the lunch room there."

When asked if Barnhouse stopped and conversed with them at that time, Barnhouse replied, "No sir, we walked out together. Just Oakes and me."

Barnhouse testified that they walked on west to the southwest corner of the square - looked at the bulletin board at the west corner of the square -- It was by Mr. Montford's (sic) drug store. They stayed there for just a few minutes.

Barnhouse then testified, "We went north to the north side of the square and down to the Republican headquarters." 

Mr Swindall asked Barnhouse, "How long had you been at the Republican headquarters when Mr. Miller came up there? How long did you remain there after Mr. Miller left the Republican headquarters?"

Barnhouse's guess was about three quarters of an hour or half. He couldn't tell exactly. He didn't look at his watch at those times to see how long Mr. Miller remained there.

Mr. Swindall then asks, "So your statement a while ago that probably fifteen minutes, was just simply a guess?"

Barnhouse replied, "Yes sir, I judge that he was there about fifteen or twenty minutes."

When asked by Swindall, Barnhouse couldn't say how many people were up there in the Republican headquarters at that time, but he did say that there were three rooms in the headquarters. According to Barnhouse, there were a good many rooms up there besides the rooms used by the Republicans.

Barnhouse testified that he did not know whether Mr. Miller got downstairs or was in some of those other rooms. Barnhouse said, "No sir, the last I seen of him was out in the hall and he came back in the same door and where he went, I couldn't say."

Mr. Swindall asked, "When he was in the building, you say he came back into the room where you were and that was the last you saw of him?"

Barnhouse replied, "Yes sir, in the room there." Barnhouse didn't know whether he left that room or not, but he saw him go out. Barnhouse stated in testimony, "I seen him go out the second time, yes sir. I couldn't say, he went out the door, I said there. He left the room." 

Barnhouse didn't know whether Miller left the building that time or not. Barnhouse testified that he didn't know how long Miller remained in the building.

When Barnhouse and Oakes left the Republican headquarters, they left together and walked east -- up to the northeast corner of the square -- then they turned south and walked down a block.

Mr. Swindall asked Barnhouse how far west of Miller's office was this lunch counter were he had gotten his dinner, is it west of Miller's office?

Barnhouse replied that yes it was. Just about a block. 

Swindall summed it up with, "So you had got into town, fed your team, eaten your dinner and you walked six blocks and put in some time at the Republican headquarters, hadn't you at the time Mr. Miller called Mr. Oakes?"

Barnhouse testified that he and Oakes just walked along talking, just strolling around the square slowly. Barnhouse said Miller wanted George. Barnhouse testified that Miller hollered "George" kind of sharp. 

Then Swindall asked, "Did Mr. Oakes start right over there or did he continue to talk to you?"

Barnhouse replied, "Well we were walking along when he hollered."

Swindall asked, "Did he walk any faster?"

Barnhouse responded, "Well he looked around, he had taken his coat in his hand and started off over to where Mr. Miller was."

Swindall asked, "Well did Mr. Miller call him more than once?"

Barnhouse replied, "I don't know as he hollered 'George' but once, he was just back at the door when I seen him, I looked around of course when he hollered, I looked around. I don't remember him hollering but once in my hearing."

Swindall then asked, "Now when you walked on up to the door there, you didn't get to the door as quick as Mr. Oakes did, did you?"

Barnhouse's response, "No sir, not quite. Mr. Oakes had just stepped inside the door when I came up to the door. I was probably as close as from here to Mr. Wilson, I was. I never tried to enter the door. I turned and walked off. "

Swindall asked Barnhouse to state whether or not when he was walking with Mr. Oakes, around the square from the Republican headquarters and coming around to Miller's office, did he have business there?

Barnhouse replied, "Well, only listening to the returns." They weren't paying any attention to how long a time transpired from the time they got together until they got around to Miller's office. No one suggested walking around that way. We just started off together. 

I. B. Lawhon Testimony 

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