N. J. Lewellen's Testimony for the State
Mr. N. J. Lewellen was called and sworn in as the State's witness after the testimony of George Crowell in the murder trial of N. L. Miller.
Direct-examination by Mr. Vigg...
Mr. Vigg began direct-examination, "State your name to the Court and Jury?"
The Court jumps in here and asked, "At this time it is the order of the Court that children under the age of fifteen years must absent themselves immediately from the court room, those who are here. Mr. Sheriff, you will see to it that children under that age are taken out of the court room? You can come back after while but not at this time, all of you."
Mr. Vigg continued and repeated the question to Mr. Lewellen, "State your name?"
Mr. Lewellen stated, "N. J. Lewellen."
Mr. Vigg then asked, "How old are you?"
Lewellen replied, "Seventy-three years old last March."
Mr. Vigg then asked, "Where do you reside at this time?"
Lewellen replied, "In Alva, Oklahoma."
Vigg then asked Lewellen, "How long have you lived there?"
Mr. Lewellen replied, "I think about 7 years the 23rd of this September."
Mr. Vigg asked, "Are you acquainted with the defendant in this case, N. L. Miller?"
Lewellen replied, "Yes sir."
Vigg then asked, "How long have you known him?"
Mr. Lewellen testified, "Well, I might say ever since I have lived there."
Mr. Vigg then asked what official position if any did Lewellen occupy on the 9th day of November, 1910 and prior thereto?
Mr. Lewellen testified, "Well, for about five years before the 9th day of November, I was acting constable."
Mr. Vigg, "As constable were you associated with Mr. Miller, the defendant?"
Lewellen replied, "Yes sir."
Vigg asked next, "I will ask you to state, Mr. Lewellen, whether or not prior to the 9th day of November, 1910, you had any conversation with this defendant relative to the deceased Mabel Oakes?"
Mr. Lewellen testified, "Yes sir. Sometime before that, but not right recently."
Mr. Vigg, "How long before the 9th day of November, 1910 about was that?"
Lewellen responded, "Well, from three to four weeks prior to that time."
Mr. Vigg asked, "You may state to the jury what he said to you at that time relative to himself and Mabel Oakes, the deceased?"
Mr. Wilson for the defense jumps in with his objection, "Objected to as incompetent, irrelevant and immaterial. No foundation having been laid for the testimony, and no charge in the indictment to warrant the introduction of such evidence."
The Court overruled. To which ruling of the court the defendant then and there duly excepted at the time.
Mr. Lewellen answered, "Well now, right at that time, three weeks before that as I spoke of, I do not recollect that anything was said with him at that time."
Mr. Vigg then asked, "Now, Mr. Lewellen, I will ask you to state what if anything he told you, commencing with the first time he talked to you about himself and her?"
Mr. Wilson for the defense again jumps in with, "Objected to as incompetent, irrelevant and immaterial. No time being fixed and no place being fixed."
The Court overruled. To which ruling of the court the defendant then and there duly excepted at the time.
Mr. Swindall also for the defense, "And indefinite and uncertain."
The Court overruled. To which ruling of the court the defendant then and there duly excepted at the time.
Mr. Vigg continues his questioning with, "Go ahead and come on down to date of the homicide?"
Mr. Swindall objected, "Objected to as incompetent, irrelevant and immaterial, and uncertain and indefinite. No foundation having been laid for the introduction of such evidence."
The Court overruled. To which ruling of the court the defendant then and there duly excepted at the time.
Mr. Lewellen replied, "Well, that would have to run back more than three weeks."
Mr. Vigg, "Go back as far as you want to."
Mr. Swindall jumps in here with his objection to as incompetent, irrelevant and immaterial.
The Court overruled. To which ruling of the court the defendant then and there duly excepted at the time.
Mr. Vigg then asked Mr. Lewellen about his talks with Miller six months or so before the decease of Mabel Oakes? And what was said.
The defense attorneys jumped in with their objection to as incompetent irrelevant and immaterial.
The Court overruled. To which ruling of the court the defendant then and there duly excepted at the time.
The Court then order the witness, "Answer the question now, Mr. Witness."
Mr. Lewellen replied, "Do you want me to state all that he said to me?"
The Court states, "The conversation that you had with him, he has asked you two or three times about it."
Mr. Lewellen testified as follows, "Gentlemen, it is a little hard for me to give all this for the fact is we had several talks."
Mr. Vigg asked, "State everything he said to you about her, go ahead."
Mr. Lewellen replied, "Well, sir, he had several talks."
Mr. Vigg, "Go ahead."
Mr. Swindall jumps in with, "I want it understood that our objections to the former questions applies to this."
The Court replies, "Very well."
Mr. Lewellen testifies, "Something like six months before, -- I won't be positive as to the date, me and Mr. Miller had very close business together all the time, every day. You might say, -- well, the question came up about Mabel Oakes, there was a good deal of talk going on about him, ---"
Mr. Wilson jumps in with, "That's objected to."
The Court, "We don't care anything about that. Just tell that conversation."
Mr. Lewellen tries to continue with his testimony, "Well, ---"
Mr. Wilson for the defense jumps in here again with, "We ask that that part of his answer where he said that there was a good deal of talk going around be stricken out and withdrawn from the consideration of the jury."
The Court, "Sustained. Hurry along now, what did he say to you about her?"
Mr. Lewellen testified, "Well, about the first time he said that he thought there was not a better girl living than Miss Oakes. He thought she was a perfect lady in every respect and he thought the world of her as a clerk and as a woman."
Mr. Vigg asked, "Is that all that he said?"
Mr. Lewellen replied, "Then later on he said to me one time he said, 'I am not getting along just right at home and if anything ever comes up that I can do it, I am going to marry that lady,---' "
Mr. Wilson jumps in again with his objection, "Objected to as incompetent, irrelevant and immaterial. Throwing no light on the question at issue, and we ask that that answer be stricken from the record and withdrawn from the consideration of the jury."
The Court, "Overruled."
To which ruling of the court the defendant then and there duly excepted at the time.
Mr. Lewellen continued with his answer, "It is a pretty thing for me to tell this thing. If you want the whole conversation, --"
The Court, "That is just what we want."
Mr. Lewellen stated, "Well, to get this thing right I have got to use some of my own language."
Mr. Vigg stated, "Go ahead, go ahead and tell us what you and he said, tell us the whole conversation."
Mr. Lewellen asked, "Clear through the whole summer?"
Mr. Vigg, "Yes, clear through."
Mr. Lewellen stated, "You are asking for something I don't believe I can do."
The Court, "You certainly are able to tell what he said to you in those conversations regarding this young lady?"
Mr. Lewellen replied, "Yes sir, I can."
The Court, "We don't expect every word. You can give the substance."
Mr. Lewellen replied, "While I tell the substance I want it understood that I want to tell this thing as it is and I want to tell why he told me these things."
The Court, "You need not tell why he told you anything, just state the conversation."
Mr. Lewellen replied, "Well, it is pretty hard for me to keep that conversation up then."
The Court, "You just tell the conversation and we will take care of the why part."
Mr. Vigg said, "Go ahead."
Mr. Lewellen finally testifies, "Well, one time Mr. Miller said, 'I think the world of that woman,' and he said, 'I would like for you to speak to her in regard to me. I would like to get more acquainted with her. She is a pure girl but I want to get her to thinking something of me and I want you to help me broach the subject.'
That is one thing he said. That is, that he would get her to loving him. That he wanted to get her to thinking something of him and he asked me to talk to her but we never did. The conversation never came up. I never did say a word to her in regard to Mr. Miller in my life. And the next time he talked to me of her he was loving the girl fit to kill and she was loving him."
Mr. Wilson jumps in again with, "Objected to as incompetent, irrelevant and immaterial. Move that the answer be stricken out and withdrawn from the consideration of the jury, 'that they were loving each other'."
The Court, "Overruled."
To which ruling of the court the defendant then and there duly excepted at the time.
Mr. Vigg then asked, "State what, if anything, the defendant told you about four or five or six months prior to the death of the deceased relative to him taking her out buggy riding?"
Mr. Wilson for the defense, "Objected to as incompetent, irrelevant and immaterial. Too remote and having no bearing on this case."
The Court overruled. To which ruling of the court the defendant then and there duly excepted at the time.
Mr. Lewellen testified, "Well, hold on, I don't know whether it was four or five or six months. You must understand that I am not positive as to the time. I don't know what time it was."
Mr. Wilson for the defense further objects, "And I further object to the question for the reason that he is not positive as to the time and as indefinite, giving us no chance to meet it with evidence."
The Court overruled. To which ruling of the court the defendant then and there duly excepted at the time.
Mr. Lewellen replied, "Him and me was talking in regard to her and other things come up in the conversation, and he told me he had Mabel Oakes out buggy riding a few days ago and he told me what took place."
Mr. Vigg asked, "What did he say took place?"
Mr. Wilson, Objected to as incompetent, irrelevant and immaterial."
The Court overruled. To which ruling of the court the defendant then and there duly excepted at the time.
Mr. Lewellen replied, "Well, he said him and Mabel had sexual intercourse, or 'did business', I don't know what you call it."
Mr. Vigg stated, "What else did he say?"
Mr. Lewellen replied, "Will you allow me to tell you what he did say about it?"
Mr. Vigg replied, "That is exactly what I do want."
Mr. Lewellen testified, "In a few days afterwards he told me that if he told me, --- he was drinking a few days after that and he denied it and he said if he told me that that he was drinking and didn't know what he said, and denied it again."
Mr. Vigg asked, "What did he tell you at that time, that he said Mabel Oakes did, the next day after he had sexual intercourse with her?"
Mr. Lewellen replied, "He said she cried all the next day."
Mr. Vigg asked next, "Now tell the jury when after that he told you he had sexual intercourse with Mabel Oakes, the deceased, if at all?"
Mr. Wilson jumps in with his objection to as incompetent, irrelevant and immaterial.
The Court overruled. To which ruling of the court the defendant then and there duly excepted at the time.
Mr. Lewellen replies, "There is the trouble, I cannot tell just how far apart it was from that time, but it was along, if I recollect right it was along about peach time, --"
Mr. Vigg asked, "Well, tell what he said?"
Mr. Lewellen replied, "He said he slept with Mabel Oakes one night at her house. That the folks, that her folks were not at home, that they went out in the country and she was not supposed to be at home, but he stayed all night. with her."
Mr. Vigg asked next, "Now, Mr. Lewellen, state to the jury what if anything, Mr. N. L. Miller told you as to the time it took him to commit the first sexual intercourse with the deceased?"
Mr. Wilson jumps in again with his objection to as incompetent, irrelevant and immaterial. And adds, "Throws no possible light on this testimony, and leading and suggestive."
The Court overruled. To which ruling of the court the defendant then and there duly excepted at the time.
Mr. Lewellen continues his testimony, "Well, if I remember right, if I make no mistake on what he told me, he said it took him an hour and a half."
Mr. Vigg asked next, "Where did he say that they performed the sexual act the first time?"
Mr. Lewellen replied, "He didn't say. He said they were out, he didn't say where."
Mr. Vigg asked, "Did you have a conversation with Mr. Miller, the defendant, prior to the 9th day of November 1910, relative to the relations existing between himself and his wife?"
Mr. Wilson jumps in again with an objection to as incompetent, irrelevant and immaterial.
The Court overruled. To which ruling of the court the defendant then and there duly excepted at the time.
Mr. Lewellen replied, "Yes sir, I did."
Mr. Vigg asked, "You may state what that conversation was?"
Mr. Lewellen replied, "Well sir, there was a half dozen of them and more too in regard to his wife."
Mr. Vigg stated, "All right go ahead and tell what he said."
Mr. Lewellen replied, "He said that he couldn't live at home. He said it was too hot for him there at home. He said that his home wasn't home at all, and that he didn't have no pleasure at home. That he didn't call it home. That he went there sometimes to his meals and sometimes he didn't."
Mr. Vigg asked, "What if anything did he tell you about him and his wife living together?"
To which Mr. Wilson objected to as incompetent, irrelevant and immaterial. Mr. Wilson added, "Not the issue in this case and against public policy that family secrets should be paroled in court."
The Court overruled. To which ruling of the court the defendant then and there duly excepted at the time.
Mr. Vigg read the question again.
Mr. Lewellen answered, "Well, he told me that they didn't sleep together, that she went off upstairs with the girls and slept in that part of the house, and that he had his own bed and he slept in his own bed, and that it had been that way for some time. Maybe three months."
Mr. Vigg asked, "How often did he tell you those things?"
Mr. Wilson responded, "Objected to as incompetent, irrelevant and immaterial."
The Court overruled. To which ruling of the court the defendant then and there duly excepted at the time.
Mr. Lewellen replied, "Well, sir, I cannot tell. I tell you I cannot answer that question?"
Mr. Vigg asked, "Just your best judgment?"
Mr. Lewellen replied, "Three or four times, five or six, we talked pretty often. You fellows won't let me tell why these conversations came up so often. I would like to put that in while this is up."
Mr. Vigg stated, "Just tell us what he said."
Mr. Lewellen replied, "He said they wasn't living together."
Mr. Vigg asked, "Did he say, for the purpose of refreshing your memory, that he and his wife had separated?"
Mr. Swindall responded, "Objected to as incompetent, irrelevant and immaterial. Repetition."
The Court overruled. To which ruling of the court the defendant then and there duly excepted at the time.
Mr. Lewellen replied, "Well, I don't know as he ever told me in words that they had separated. That is, that they had separated for good, he said he wasn't living with her now and he didn't think that they ever would."
Mr. Vigg asked, "What if anything did he tell you about getting a divorce from his wife and marrying Mabel Oakes?"
Mr. Wilson objected again as incompetent, irrelevant and immaterial.
The Court overruled. To which ruling of the court the defendant then and there duly excepted at the time.
Mr. Lewellen testified, "Well, sir, he told me two or three days prior to him and his wife making up, that he had the thing arranged. That he would either get a divorce tomorrow at ten o'clock, that she would either take up with him and live with him as heretofore or he had everything arranged and that he would get a divorce."
Mr. Vigg asked, "Did he tell you with whom he had made the arrangements to get a divorce?"
Mr. Wilson objected, "Incompetent, irrelevant and immaterial."
The Court overruled. To which ruling of the court the defendant then and there duly excepted at the time.
Mr. Vigg asked, "What did he say?"
Mr. Wilson jumps in with same objection.
The Court overruled. To which ruling of the court the defendant then and there duly excepted at the time.
Mr. Lewellen replied, "I don't know whether I can speak the man's name, but it was the man that was the District Judge of the Alva District, I believe his name is Loofbourrow."
Mr. Vigg asked, "Did you say he and his wife made up after that, when was that?"
Mr. Lewellen replied, "Well, if my mind serves me right, and I am not off at all, but I will say that this was about three or four weeks before the death of Mabel Oakes."
Mr. Vigg asked Lewellen what Miller told him?
Mr. Lewellen testified, "He told me that he had the arrangements made with 'Bert' to decide whether she would live with him or not, and if she did decide that she would live with him, there would be nothing of it and if she didn't he had the arrangements made for him to get a divorce at the district court tomorrow morning at ten o'clock."
Mr. Vigg asked Lewellen if he was with Miller the night preceding the 9th day of November 1910, or election night?
Mr. Lewellen replied, "Yes sir."
Mr. Vigg asked, "State what he said and did in your presence relative to Mabel Oakes, the deceased?"
Mr. Lewellen replied, "Him and me were riding around trying to find out the election news, up to about nine o'clock and at nine o'clock we went to my house and he got a little girl by the name of ----"
Mr. Wilson objected to again as not responsive to the question.
Mr. Vigg, "Just answer the question."
Mr. Lewellen replied, "He didn't say a word to me in regard to Mabel Oakes that night, he didn't say nothing."
Mr. Vigg then asked, "What did he do that night?"
Mr. Lewellen tried to replied, "He went to ----"
Mr. Wilson objected to.
Mr. Vigg asked, "-- In relation to Mabel Oakes? What did he do in relation to Mabel Oakes in your presence?"
Mr. Lewellen replied, "We went to my house as I started to tell you to find out where another party was and when they failed to catch where that other party was then he told the girl to call a certain number or a certain house and to call one of them, and he didn't say who. He said, 'Call one of the Oakes. Call one of the Oakes to the phone,' and he didn't say which one he wanted to talk to. He wanted to talk to one of the Oakes and when they came to answer the phone, I don't know who it was, but I heard him ask a question in regard to the person he wanted to find out if they were there and he told me afterwards, that they said the party wasn't there and ...."
Mr. Wilson responded, "Objected to and ask that the answer be stricken out from the consideration of the jury as meaningless, unintelligible and not responsive to the question.
The Court overruled. To which ruling of the court the defendant then and there duly excepted at the time.
Mr. Vigg continued, "On election night, the night before the death of Mabel Oakes, the defendant and yourself went into your house?"
Mr. Lewellen replied, "Yes sir."
Mr. Vigg asked, "Did the defendant step up to the telephone in your house?"
Lewellen responded, "Yes sir."
Vigg asked, "What did he say into that phone?"
Lewellen testified, "Well, sir, I think the first words he said was 'Is this you?' and someone answered. I didn't hear what they said from the other end and he asked if that party was there that he was asking for, and I don't know what they told him, and he told me afterwards that they wasn't there. Then he says 'I didn't get that note today,' he said 'I didn't get that note.' 'I didn't get the answer to that note I was to have today.' I don't know what was said at the other end of the line. He said 'Possibly I will get it in the morning. I want to hear from you.' That is all I could remember that was said over the phone."
Mr. Vigg asked, "For the purpose of refreshing your memory I will ask you to state whether or not the defendant at the time he went up to the phone in your house and got the person that he wanted, whether or not he said at that time, 'Is that you Mabel?' "
Mr. Lewellen replied, "Possibly he did. I believe he did. I am not positive but I think he said 'Is that you Mabel'."
Mr. Vigg asked, "Then he said that, what did he say after that.?"
Mr. Lewellen stated, "I told you the words I understood him to say was 'Is this you?' "'
Mr. Vigg uncertain to Lewellen's response asked, "Is this you, who?"
Mr. Lewellen replied, "Mabel. I couldn't say what they said at the other end."
Mr. Vigg then asked, "Well give just what the defendant said."
Mr. Lewellen stated, "Well, he says 'Is this you, Mabel,' whatever she said, I don't know. Then he asked if that party was there that he was asking about. I don't know what she said in answer, I didn't hear that, but he told me that she said she wasn't there."
Mr. Vigg asked, "What did the defendant say after he said, 'Is this you Mabel?' What about this note?"
Mr. Lewellen testified, "The first thing that he asked was if that party was there at this house, and the person said 'No.' Well he said 'I didn't get that note I was expecting today. I didn't get that note I was expecting today.' I don't know what she said. 'Possibly I will get it in the morning. I want to hear from you.' That was all."
Mr. Vigg asked, "What if anything did the defendant tell you prior to the 9th day of November 1910, relative to his sending the deceased to visit a Dr. Saffold?"
Mr. Wilson for the defense, "Objected to as incompetent, irrelevant and immaterial."
The Court overruled. To which ruling of the court the defendant then and there duly excepted at the time.
Mr. Lewellen replied, "Well, sir, I don't think he told me that he sent her, --"
Mr. Vigg butted in and asked, "What did he tell you?"
Mr. Lewellen replied, "I think he told me that she went there to be examined. I don't think he told me that he had sent her. I wouldn't say positive that he sent her but he said that she went there to be examined."
Mr. Wilson jumps in here with another objection, "Objected to unless he shows some connection between the defendant and the deceased."
The Court overruled. To which ruling of the court the defendant then and there duly excepted at the time.
Mr. Lewellen answered the question, "Yes sir."
Mr. Vigg then asked Lewellen to state to the jury what Miller said?
Mr. Lewellen testified, "To see, -- to find out whether she was pregnant or not."
Mr. Vigg asked then, "Now, Mr. Lewellen, tell to the jury what if anything the defendant told you prior to the 9th day of November 1910, relative to his keeping something to drink in his office for the deceased, Mabel Oakes?"
Mr. Wilson objected to as incompetent, irrelevant and immaterial.
The Court overruled. To which ruling of the court the defendant then and there duly excepted at the time.
Mr. Lewellen replied, "Yes sir he did."
Mr. Vigg asked, "State what it was that he said?"
Mr. Lewellen testified, "He said that Mabel had spells of her heart or sinking spells or something of that kind,and he had to have a little whiskey here to give her, for her, he said when she had a bad spell."
Mr. Vigg asked, "Did he tell you where he kept that whiskey for her?"
Mr. Lewellen replied, "No sir, he said he had to have whiskey there for that purpose."
Mr. Vigg finishes direct-examination and states to the defense, "Take the witness."
Cross-examination by Mr. Wilson...
Mr. Wilson begins his cross-examination of Lewellen on this kind of note, "Mr. Lewellen, what did you say to cause Mr. Miller to make these statements to an old man like you?"
Mr. Lewellen replied, "Well, sir, I don't recollect what I did say. We said lots together."
Mr. Wilson asked, "You talked about such things as that a great deal of the time didn't you?"
Mr. Lewellen replied, "I don't know that I did."
Mr. Wilson continued, "As you rule you do a lot of talking of that kind around Alva don't you?"
Mr. Lewellen stated, "No sir, I don't know that I do."
Mr. Wilson asked, "Isn't it a fact, Mr. Lewellen, that notwithstanding the fact that you are seventy-three years old that you are a notorious libertine yourself?"
Mr. Pruiett jumps in with Objection as to not proper cross-examination.
Mr. Wilson then asked, "And that you have paid doctor bills in the town of Alva to physicians there to produce abortions or to attempt to?"
Mr. Lewellen replied, "No sir, I never did."
Mr. Wilson asked, "Did you not do so at the town of Byron?"
Mr. Pruiett, "Objected to as not proper cross-examination. Incompetent, irrelevant and immaterial."
The Court overruled.
Mr. Lewellen replied, "No sir."
Mr. Wilson, "And is it not a fact that you showed Squire Miller a letter from Byron when you had sent a doctor over there ten dollars for that purpose?"
Mr. Lewellen replied, "No sir, I never showed such a letter to anyone."
Mr. Wilson then asked, "Didn't you show him a letter where you had sent ten dollars to a girl over there at Byron?"
Mr. Lewellen replied, "No sir."
Mr. Wilson, "You say that you didn't do that?"
Mr. Lewellen, "Yes sir."
Mr. Wilson, "Do you say that you didn't send ten dollars to a girl over there?"
Mr. Lewellen replied, "If I did sir, I don't consider that I am on trial. If I am on trial you had better stop Miller's trial right now and put me on."
Mr. Wilson asked, "Then you decline to answer?"
The Court, "Answer that question, sir, if you did show him that letter."
Mr. Wilson read the question.
Mr. Vigg objected to as incompetent, irrelevant and immaterial. Not proper cross-examination.
The Court overruled. To which ruling of the court the State then and there duly excepted at the time.
Mr. Lewellen testified, "I say that I did send ten dollars, but not for the purpose that you are making out."
Mr. Wilson asked, "Didn't you after that send five dollars to that same girl at Waynoka?"
Lewellen replied, "No sir."
Mr. Wilson then asked, "What was your purpose in sending that ten dollars to that girl, a man of your age?"
Mr. Lewellen replied, "Because I had a right to and it was my business. Sir, that's why."
Mr. Wilson then asked, "Is that the only answer that you desire to make to that question, Mr. Lewellen?"
Mr. Lewellen replied, "No sir, I will tell you why, and I will tell you the whole thing if you want to get that. I well tell you I want to get it straight."
Mr. Pruiett jumps in here, "We object if the court please, as incompetent, irrelevant and immaterial. I don't object if the court please if it was at the same time of this other conversation. If it was all in the same conversation and a part of the same conversation we don't object. Specific acts at any other time other than at the time of this conversation are wholly incompetent. I don't want to be jumping up and objecting all the time and if this old man is a libertine and unworthy of belief, there are rules of law laid down, rules of law whereby they can impeach him, but the witness cannot be asked under the rule a question of that kind on cross-examination."
The Court replies, "I take it that you both know the rule and that you will be expected to abide by it. The Court knows the rule but I have no time to explain to you every time. Those questions as to his character are very improper. If you want to prove his reputation as to truth and veracity in the community in which he lives you know the rule. But anything connected with this conversation with the defendant will be perfectly proper. If you can connect the two conversations together it will be admissible."
Mr. Wilson replies, "We except."
Mr. Wilson then continues questioning of Mr. Lewellen, "Isn't it true that what Miller said to you was at the time and in connection with a letter that you had shown him where you had sent ten dollars to a girl over at Byron?"
Mr. Lewellen asked, "That I showed him a letter where I had sent ten dollars?"
Mr. Wilson asked, "Why don't you answer the question?"
Mr. Lewellen replied, "I said 'no'."
Mr. Wilson stated, "I failed to hear you. Read the question." (the question was read back.)
Mr. Lewellen replied louder, "No sir."
Mr. Wilson then asked, "When was it with reference to the time that you had this conversation about this letter, and sending ten dollars to this girl at Byron?"
Mr. Lewellen replied, "Well, sir, I will explain the whole thing."
Mr. Pruiett, "We object."
The Court, "Answer his question as to the time."
Mr. Wilson asks for the question to be read.
Mr. Lewellen testified, "That ten dollars was sent over there before we had this conversation."
Mr. Wilson asked, "Isn't it a fact that at the time of this conversation that you spoke to Miller about sending that ten dollars over there?"
Mr. Lewellen stated, "No sir, at the time we was talking, no sir. I have sent ten dollars over there, I don't deny it. I never showed Miller where I sent it, though. But then I never showed Miller where I sent it."
Mr. Wilson asked, "Isn't it a fact that about that time and as a part of this conversation that you did tell him that you had sent ten dollars to that girl over at Byron?"
Mr. Lewellen replied, "I mentioned while ago that It wasn't at that time. It was before we ever had this conversation in regard to Mabel Oakes."
Mr. Wilson then asked Lewellen, "But isn't it a fact that you had a conversation with him about Mabel Oakes and in that conversation, and the way that that conversation came up was with reference to your sending ten dollars, -- or with reference to your sending money to a girl at Waynoka?"
Mr. Lewellen replied, "No sir, and I want to explain that to you again. I sent five dollars, and....."
The Court, "Just answer the questions, sir."
Mr. Wilson continues, "Then have you fully answered the question that I asked you, Mr. Lewellen. You seemed to have something else to say. I want you to answer it fully if you want to."
Mr. Lewellen replied, "I want to know what you asked me."
Mr. Wilson explained, "About sending that five dollars to this girl at Waynoka.?"
Mr. Pruiett objects, "I object to this your honor. He has gone over that two or three times and the witness has answered that it was at a time separate and distinct from the time that he had this conversation with Miller."
Mr. Wilson submits to court, "I submit to the court that he has not answered this question in regard to the Waynoka girl."
The Court, "I think so, ask your question."
Mr. Wilson ask for the question to be read.
Mr. Lewellen testifies, "I would like to know what you are driving at. Are you driving at the whole county, or the same girl, or what are you driving at. I want to know what you are driving at."
Mr. Wilson asks, "Oh, you have more than one girl have you?"
Mr. Lewellen explains, "I will explain that if you will let me now?--"
The Court, "Answer that question if you can and if you cannot, why say so."
Mr. Lewellen answered, "I answered that it was the same girl. I sent the same girl money at Waynoka that I sent it to at Byron."
The court, "We don't care anything about that. He wants to know if in this conversation with Miller, if you told him that?"
Mr. Lewellen replied, "No sir."
Mr. Wilson continued on, "While ago didn't you absolutely deny that you sent money to a girl at Waynoka, in your testimony?"
Mr. Lewellen began to say, "I said this, ----"
Mr. Wilson insisted, "Answer the question."
Mr. Lewellen asked, "That I said what?"
Mr. Wilson then asked, "Didn't you deny having sent money to a girl at Waynoka?"
Mr. Lewellen answered, "I sent money to that girl at Waynoka. I loaned her money, and I lent money to the same girl at Waynoka and at Byron. I sent ten dollars one time and five another."
Mr. Wilson asked, "Didn't you deny absolutely in your cross-examination that you had sent any money to a girl at Waynoka?"
Mr. Vigg, "Objected to as repetition."
The Court, "Did you deny that?"
Mr. Lewellen replied, "I denied that I sent it to another girl only that one. I sent the same girl money at Waynoka and the same girl at Byron."
Mr. Wilson, "Isn't it a fact, Mr. Lewellen, that you have been for a long time trying to have sexual intercourse with Mabel Oakes?"
Mr. Lewellen testified, "Anybody who says that is as far off as the sun from the earth. No sir, anybody who says that is as far off as a pigeon could fly in a year."
Mr. Wilson asked, "Why can't you answer my questions without trying to make a speech. I asked you if that was not true?"
Mr. Lewellen replied, "No sir, I said no."
Mr. Wilson repeated his answer, "You say no, now do you?"
Mr. Lewellen replied, "Yes sir."
Mr. Wilson then asked, "Now you say that Miller told you some time that he had taken a buggy ride with Mabel Oakes?"
Mr. Lewellen replied, "Yes sir."
Mr. Wilson then asked Lewellen asked where was he when that conversation took place?
Mr. Lewellen replied, "In my buggy and Mr. Miller was on the sidewalk in front of his office."
Mr. Wilson then asked, "What led up to that conversation between Mr. Miller and an old man like you, Lewellen?"
Mr. Lewellen answered, "I cannot tell you. I don't know."
Mr. Wilson stated, "He just run out and met you and made that statement did he?"
Mr. Lewellen replied, "I said we had that conversation."
Mr. Wilson asked, "Well, what were you saying?"
Mr. Lewellen replied, "Well, sir, I don't recollect. If you want to know exactly I cannot tell you. I know we talked a good deal we talked a good deal."
Mr. Wilson asked, "How does it come that you remember what Mr. Miller said and you cannot remember what you said?"
Mr. Lewellen replied, "I don't know why."
Mr. Wilson, "Isn't it a fact, Mr. Lewellen, that matters relating to sexual intercourse and talking about such things as that makes a deep impression on your mind?"
Mr. Lewellen replied, "Not any more than it does Judge Wilson."
Mr. Wilson stated, "But I am not on trial, Mr. Lewellen."
Mr. Lewellen, "Neither am I sir."
The Court, "I will have to stop this examination."
Mr. Wilson asked Lewellen, "All that you do remember though in reference to that conversation was in reference to sexual intercourse."
Mr. Lewellen replied, "No sir."
Mr. Wilson then asked, "Well, tell us what else you remember?"
Mr. Lewellen replied, "There was lots of talk that we had in reference to Mabel Oakes."
Mr. Wilson, "That conversation about having a buggy ride. Tell us what else you know except the statements with reference to sexual intercourse?"
Mr. Lewellen answered, "Well, sir, it would take a whole day to tell it. I will tell you something if you want to know it. I hate to tell it but if you want to pull it out. It was talked of, 'Who did you get any from', and 'when did you have any' and 'who did you get it of', and he said to me: 'I am not dry, I just had a good piece a day or two ago'."
Mr. Wilson stated, "And you were discussing that kind stuff and you 73 years old."
Mr. Lewellen replied, "I wasn't 73 years."
Mr. Wilson asked, "Then you say 72 years old, and indulging in that kind of a conversation about when you had had any, and when you had had sexual intercourse, wasn't you?"
Mr. Lewellen replied, "Yes sir."
Mr. Wilson asked Lewellen if he was a married man?
Mr. Lewellen replied, "Well, I guess so. Maybe you had better examine the records, yes sir, I am."
Mr. Wilson asked, "Why can't you answer my questions directly without making a talk like that?"
Mr. Lewellen replied, "I supposed you knew I was a married man and all that."
Mr. Wilson, "But I was asking you for the benefit of the jury."
Mr. Lewellen responded, "I have got a girl forty-nine years old."
Mr. Wilson asked, "And you a married man 72 years old were in the habit of indulging in that kind of a conversation with squire Miller as to when you had had sexual intercourse with another woman?"
Mr. Lewellen replied, "No sir, not another woman."
Mr. Wilson asked, "Just Mabel Oakes and your girl, your Waynoka girl and your Byron girl?
Mr. Lewellen replied, "I didn't have any Waynoka girl and a Byron girl. They were the same girl, if you want to know it."
The Court, "That will do sir."
Mr. Wilson then asked, "Well, you were referring just to those two were you?"
Mr. Lewellen replied, "That is all the girl I ever had anything to do with."
Mr. Wilson, "That was all that you were talking about at that time was it?"
Mr. Pruiett, "Objected to as not proper cross-examination."
The Court Sustained. To which ruling of the court the defendant then and there duly excepted at the time."
Mr. Wilson asked, "Now did Miller tell you where he and Mabel had gone?"
Mr. Lewellen replied, "No sir, he said they had gone to the country."
Mr. Wilson asked, "He didn't say which direction they went?"
Mr. Lewellen replied, "No sir."
Mr. Wilson then asked, "And when was it with reference to the time that you had this talk with him?"
Mr. Lewellen replied, "That was possibly six months before she was killed. Before her death."
Mr. Wilson asked, "That was probably about last May then was it?"
Mr. Lewellen replied, "Last May a year ago."
Mr. Wilson continued, "It was about last May a year ago."
Mr. Lewellen replied, "Yes sir."
Mr. Wilson continued, "Now you say Miller told you it took him an hour and a half to have intercourse with her did he at that time?"
Mr. Lewellen testified, "Yes sir."
Mr. Wilson continuing, "Is that all he told you?"
Mr. Lewellen replied, "No sir, he said that she cried all next day."
Mr. Wilson asked, "Did he tell you that was what she was crying about?"
Mr. Lewellen replied, "That is just what he said. He didn't say what she was crying about, he said that she cried all next day."
Mr. Wilson, "When did you first tell the county attorney or anyone else about this, by which the county attorney learned what you would testify to?"
Mr. Lewellen replied, "When he sent for me to come to the court house."
Mr. Wilson asked, "You were so anxious and so willing to be a witness in this case that you went over to the court house and submitted to a written statement, and made a written statement to the county attorney of what you would swear to didn't you?"
Mr. Lewellen replied, "Yes sir."
Mr. Wilson, "And did you sign it there?"
Mr. Lewellen replied, "Yes sir."
Mr. Wilson, "Why did you do that?"
Mr. Lewellen replied, "Because they requested me to and they wanted me to sign that statement."
Mr. Wilson asked, "And you consented to do so didn't you?"
Mr. Lewellen replied, "Yes sir. They sent for me in a buggy."
Mr. Wilson asked, "Did he tell you that you were compelled to make that statement?"
Mr. Lewellen replied, "No sir. He said I could ride over in the buggy and save him coming to my house."
Mr. Wilson then asked, "And you did that voluntarily, did you?"
Mr. Lewellen replied, "Yes sir."
Mr. Wilson continued, "And at the same time pretending to be a very warm friend of N. L. MIller's?"
Mr. Lewellen replied, "We are warm friends, -- we were warm friends as warm as we had been for six or eight months before that."
Mr. Wilson asked, "There was some soreness between you, wasn't there?"
Mr. Lewellen replied, "Why no."
Mr. Wilson, "At this time you are an enemy of N. L. Miller are you not, Lewellen?"
Mr. Lewellen replied, "I am not an enemy to him, no sir."
Mr. Wilson asked, "Are you friendly with Mr. Miller?"
Mr. Lewellen testified, "We had nothing to do with each other, -- We have nothing to do with each other now. I went to the jail three times after he was put in there and I didn't go any more because I got word that he had disclaimed me and I didn't go any more."
Mr. Wilson asked, "Do you know why he disclaimed you?"
Mr. Lewellen replied, "No sir."
Mr. Wilson asked, "Didn't you get into a fuss with Mr. Miller about some fees in the justice of the peace court?"
Mr. Lewellen replied, "No sir."
Mr. Wilson asked, "How long after you claim that Mr. Miller told you this stuff about being out in a buggy with Mabel Oakes, that he told you that if he made that statement he was drunk when he made it?"
Mr. Lewellen replied, "A week or ten days after that."
Mr. Wilson, "Well, what led up to that conversation?"
Mr. Lewellen replied, "It led up to this talk and he told me that Mabel Oakes was in a family way."
Mr. Wilson, "When was it if you can remember, did you say that was in May, that he...."
Mr. Lewellen interrupts the question, "I wasn't positive. It was either four or five or six months before she died."
Mr. Wilson, "Well, now about how long after, in days or weeks, was it until you say Miller told you that if he made that statement he was drunk?"
Mr. Lewellen, "Possibly a week maybe ten days. Maybe then days or two weeks."
Mr. Wilson, "Isn't it a fact that Mabel Oakes came in about that time and you had to put that talk off?"
Mr. Lewellen replied, "She didn't that time. That was the second trip that she was in there."
Mr. Wilson, "When was she in there before May, 1910?"
Mr. Lewellen replied, "I think the fall before. I am not positive, but she was in there, in and out a while. She broke her arm and was out a long time. She had two hitches in there."
Mr. Wilson, "When was it that Mr. Miller told you that he couldn't live at home?"
Mr. Lewellen replied, "Well, sir, it was about two or three months before he and his wife made up."
Mr. Wilson asked, "Well, that is very indefinite, can't you give the month?"
Mr. Lewellen stated, "Well, I can't tell. Him and his wife made up if I mistake not about the first of October. Some time in October."
Mr. Wilson, "And it was two or three months before that?"
Mr. Lewellen, "It was some time before that."
Mr. Wilson, "He told you that some time before the 1st of October?"
Mr. Lewellen, "It was before him and his wife made up."
Mr. Wilson asked, "Do you want to be understood as saying that Squire Miller told you he had entered into a corrupt agreement with Judge Loofbourrow, the District Judge, of that county, that by which he was to be granted a divorce upon one days notice?"
Mr. Lewellen replied, "I don't say that he entered into a contract."
Mr. Wilson, "Do you want to be understood as saying that Miller told you that he had made an agreement with Judge Loofbourrow whereby he was to be granted a divorce the next, or one days notice?"
Mr. Lewellen replied again, "I told you this,....."
Mr. Wilson insisted, "Answer the question."
Mr. Lewellen testified, "He told me he had been talking it over with his wife and I will not say one days notice. He told me this. He said, 'Tomorrow I will either make up with Bert and live together or I will get my divorce.' "
Mr. Wilson, "Didn't you on examination in chief state that he said he would get his divorce the next day?"
Mr. Lewellen replied, "If I make no mistake, he said, 'I have got an understanding with Judge Loofbourrow,' he said he would get his divorce next day."
Mr. Wilson asked, "Do you want to be understood as saying that Squire Miller told you that he had made arrangements with Judge Loufbourrow by which a divorce would be granted the next day after filing the petition or the same day of the filing of the petition?"
Mr. Pruiett, "We object to 'What he wants understood.' "
The Court sustained. To which ruling of the court the defendant then and there duly excepted at the time."
Mr. Wilson asked, "It is very difficult for me to hear everything that is said." He then asked Lewellen, "You say were out driving with the defendant the night before the, --- or election night?"
Mr. Lewellen replied, "Yes sir."
Mr. Wilson asked, "And where was it you went?"
Mr. Lewellen testified, "Well, sir, we went across, -- all over town, and I will tell you why I came to be with Mr. Miller. My horse and been put up and he was riding around and I asked him to take me down to hear the news."
Mr. Wilson asked, "Where did you go to hear the election news?"
Mr. Lewellen replied, "At the Republican headquarters and to every place where we could get the returns."
Mr. Wilson, "Then where did you go?"
Mr. Lewellen replied, "Well, I told you once. One place we went, we went to my house."
Mr. Wilson repeated the answer from Lewellen, "You went to your house?"
Mr. Lewellen replied, "Yes sir."
Mr. Wilson asked, "And now have you told all that you did at your house, Mr. Lewellen?"
Mr. Lewellen replied, "Yes sir, I have told all that was said."
Mr. Wilson, "But have you told all that was done there?"
Mr. Lewellen asked back, "In what respect?"
Mr. Vigg, "Objected to as indefinite."
The Court overruled. To which ruling of the court the state then and there duly excepted at the time.
Mr. Lewellen answered, "I have told all that happened at my house, and we wasn't in there any longer than we could get away."
Mr. Wilson asked, "To refresh your memory didn't you produce some bottles of beer there and drink with Mr. Miller?"
Mr. Pruiett, "Objected to as incompetent, irrelevant and immaterial."
The Court overruled. To which ruling of the court the state then and there duly excepted at the time."
Mr. Lewellen replied, "Yes sir, we drank some beer there."
Mr. Wilson asked, "Where did you get it?"
Mr. Lewellen testified, "Mr. Miller, I sat in the buggy, I gave Miller a dollar and he went and bought three bottles and we took them up to my house and drank it."
Mr. Wilson asked, "Didn't you get that in your back yard?"
Mr. Lewellen testified, "No sir, I will tell you exactly where we got it, --"
Mr. Wilson interrupts, "And you got that, ---- You were an officer of the law at that time were you not?"
Mr. Lewellen replied, "Yes sir."
Mr. Wilson asked, "And you did that in violation of law, you bought that beer?"
Mr. Lewellen replied, "I gave Miller a dollar and he went in and got three bottles and fetched it out and we drank it. We drank a bottle there, I think and took the other two up to the house."
Mr. Wilson asked, "And you were both officers of the law then and you were encouraging the illegal purchase of liquor."
Mr. Lewellen replied, "I furnished the money and Mr. Miller bought it."
Mr. Wilson, "And you an officer of the law assisted in violating the prohibitory law of the state at that time."
Mr. Lewellen testified, "No sir, I don't think I did. I think I bought it and paid for it."
Mr. Wilson asked, "And you knew that it was an illegal sale too didn't you?"
Mr. Lewellen replied, "I didn't say I did. I don't know it."
Mr. Wilson asked, "Now you say Miller went to the phone in your house?"
Mr. Lewellen replied, "Yes sir."
Mr. Wilson asked, "And what did he say?"
Mr. Lewellen testified, "I think the first words were 'Is this you Mabel'. Someone else went first and he didn't get her and he had that person call the phone up."
Mr. Wilson asked, "Didn't you say on direct examination that he went to the phone and says "Is this you', and he didn't say who at all?"
Mr Lewellen testified, "I think I said 'Mabel'? I am not positive."
Mr. Wilson, "And now didn't you also say that Miller said, -- didn't you say that the first thing he called for one of the Oakes family?"
Mr. Lewellen replied, "He told them to call and get one of the Oakes family to the phone, yes sir."
Mr. Wilson asked, "And what was it you said about that? Repeat that again?"
Mr. Lewellen answered, "He said 'I didn't get that note, I was expecting.' 'I didn't get that note.' "
Mr. Wilson asked, "And you thought that was some financial transaction did you?"
Mr. Lewellen replied, "I don't know anything about it. I know it was a note."
Mr. Wilson then asked, "From the explanation you don't know whether it was a promissory note for money or not?"
Mr. Lewellen replied, "He never said. He never told me what it was for."
Mr. Wilson asked, "And they answered over the phone that the party wasn't there?"
Mr. Lewellen testified, "The party wasn't there."
Mr. Wilson then asked, "Then Miller never told you that he was expecting a note?"
Mr. Lewellen replied, "No sir."
Mr. Wilson continued on, "You say Miller never told you that he sent Mabel Oakes to Dr. Saffold or examination?"
Mr. Lewellen replied, "I told you while ago ---"
Mr. Wilson, "Answer the question."
Mr. Lewellen replied, "I told you what was said, -- I told you I didn't remember what he said exactly."
Mr. Wilson asked, "You will not say now that Miller said that he sent her to the doctor?"
Mr. Lewellen testified, "No sir. I will not. He said that she went to the doctor to be examined."
Mr. Wilson continued, "Do you say that Miller told you that he kept whiskey there on account of Mabel Oakes having heart trouble, or sinking spells?"
Mr. Lewellen replied, "He didn't say that he kept it there for her. He said he had a little there. That he had to have it when she had those sinking spells, for her heart."
Mr. Wilson asked, "You know, yourself, from being around that office that she did have those sinking spells, don't you?"
Mr. Lewellen replied, "I never seen her have a spell."
Mr. Wilson asked, "You know as a matter of fact though that she did, -- you have seen her coming from under one haven't you?"
Mr. Pruiett, "Objected to as incompetent, irrelevant and immaterial."
The Court Sustained. To which ruling of the court the defendant then and there duly excepted at the time.
Mr. Wilson ended is cross-examination.
Re-Direct Examination by Mr. Vigg...
Mr. Vigg had one question for Lewellen, "Mr. Lewellen, on the night of the election of the night before Mabel Oakes death on the 9th day of November 1910, the defendant N. L. Miller was a Justice of the Peace, was he not?"
Mr. Lewellen replied, "Yes sir."
Mr. Vigg ended his re-direct.
Mr. Wilson had no further questions for Mr. Lewellen.
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