Alva's 1st Homicide - 9 November 1910
State's Witnesses...
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Attorneys for the State... Sandor J. Vigg, County Attorney Woods County; Moman Pruiett (for the Law Enforcement League) and J. N. Tincher (for George Oakes).
George W. Oakes (testimony) - First witness for the State under direct examination by Mr. Tincher. It came out in his testimony that he had lived in Alva two or three years after moving from a farm eight miles north of Alva. Mr. Oakes was fifty years of age during this time period. He testified that Mabel Oakes was 23 year-old at the time of her death. Mr. Oakes also testified that he had known the defendant Miller a little over two years ago. His daughter Mabel worked for N. L. Miller. Mr. Oakes also testified that on the day of the death of his daughter, he was in Alva, Oklahoma. He had last seen his daughter alive on the 9th day of November 1910, about 9:00 or a little before nine in the morning, at his home. He stated that he went uptown on the forenoon of 9 November 1910 and did not see his daughter that forenoon. He had gone home to dinner that day a little after 12:00 p.m. He left the Republican headquarters and went directly home. He went back uptown around 1:00p.m. Mabel did not come home at the noon hour. Mr. Oakes testified that he looked for Mabel when he returned uptown. He first looked in Mr. Miller's office and she wasn't there. Then he went down and looked clear around the square to the northeast side to the Republican headquarters again for an hour and a quarter to hour and a half. The State recalled George Oakes as a rebuttable witness after defense rests it case. -- witness mileage fee, 7 days, 57 miles;
I. W. Barnhause (testimony) -- Mr. Barnhouse (Barnhause) had turned 35 years of age, April, 1911. He was sworn in as the State's second witness in the Old Opera House murder trial back in September, 1911. He resided 11 miles northwest of Alva, Woods County, Oklahoma. He stated the 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, went in to Crouch's lunch room, on the south side of the square -- ate his dinner and come right out of the lunch room between 1:00 o'clock and 1:10p.m. He then walked up the street and walked right behind Mr. Oakes. 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 at that time. Barnhouse stated that Miller got there about thirty to forty-five minutes after Oakes and he 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. Barnhouse was the gentlemen walking, talking with George Oakes when Oakes was called over to old opera house by Miller. It was defense testimony that Oakes shut the old opera house door in Barnhouse's face so he could not come in. -- witness mileage fee, 7 days, 69 miles;
I. B. Lawhon (testimony) -- I. B. Lawhon was sworn to testify on behalf of the State as their third witness. I. B. Lawhon was a 74 year-old man and the Police Judge of the City of Alva and also a Justice of the Peace in Alva. He resided in Alva, Oklahoma, Woods County prior to 9 November 1910. Judge Lawhon had also lived on his farm, homestead, out northeast of Curtiss, in Woodward County, before moving to Alva. He had lived in Woodward County ever since the state was opened. Lawhon had known Miller ever since Lawhon had moved to Alva, about seven years ago (1904). Lawhon had known Oakes ever since Oakes moved to Alva, about 1909. -- witness mileage fee, 5 days, 56 miles; I. B. Lawhon's rebuttal testimony.
Hugh Martin, Jr. (testimony) -- Hugh Martin was sworn to testify after a ten minute recess. Martin was the fourth witness called by the State. Mr. Tincher does the honor of direct examination of Mr. Martin. Martin had held the official position of Sheriff in November 1910, Woods County, Oklahoma. Martin resided in Woods County, Oklahoma. Martin 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 his sheriff office and told him that his daughter was laying dead in the old opera house, and Martin went over there to the old opera house. When Martin got over to Miller's office, there was no one in the office. Miller was out in front. -- witness mileage fee, 6 days,64 miles;
Dr. B. W. Saffold (testimony) -- Dr. Saffold was sworn in and testified as the State's fifth witness. Manchester, Oklahoma Doctor. Requested by N. L. Miller to examine Mabel Oakes three times beginning in August thru October, 1910. -- witness mileage fee, 8 days, 128 miles. -- Dr. B. W. Saffold rebuttal testimony
Dr. 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. -- witness mileage fee, 5 days, 57 miles;
Dr. O. E. Templin (testimony) - Dr. Templin was called and sworn in as the State's seventh witness. Dr. Templin resided in Alva, Oklahoma and practiced medicine since 1904 when he graduated from Vanderbilt University after four years of study. Templin was one of three Doctors called in to do post-mortem autopsy. -- witness mileage fee, 5 days, 114 miles;
Dr. Elizabeth Grantham (testimony) --
Dr. Grantham was called and sworn in as the State's eighth witness. Dr. Grantham testified that she lived in Alva, Oklahoma. She was acquainted with Mabel Oakes in her life time. Elizabeth Grantham was also the Oakes family physician and also Mr. Vigg's family physician. Grantham had been practicing medicine for ten years. Grantham was one of three Doctors called in to do post-mortem autopsy. Native of Illinois, but lived some years in Nebraska. Graduate of John A. Creighton Medical college, Omaha, NE. Came to Alva in June, 1903 and opened an office on the south side of the square. Read more of her testimony by Clicking Here -- witness mileage fee, 2 days, 58 miles;
Dr. Edwin DeBarr (testimony) -- Dr. DeBarr was called and sworn in as the State's ninth witness. DeBarr resided in Norman, Oklahoma. He held a chair of chemistry at Norman, Oklahoma's University for nineteen years. He was also a Graduate of Michigan State Agricultural College and Michigan State University. Also study at Chicago University. Dr. DeBarr received a stomach (Mabel Oakes' stomach) from Dr. Bilby of Alva, Oklahoma, for the purpose of making an analysis of what was in it and its condition. DeBarr received the stomach by express, shipped by Wells Fargo & Company Express, in a box containing the jar that Miss Oakes stomach was in. DeBarr testified that he found 1/4 of a grain of strychnine and 3/4 of a grain of morphine. He testified that the quantity he found in the stomach was not sufficient to produce death. He also found all the inner coating of the stomach congested -- little spots, which the physicians call ecchymosis -- little ecchymotic spots where the blood had collected. There was also a slight odor of whiskey.
Dr. George M. Bilby was recalled to testified for the State after Dr. DeBarr's testimony to testify as to the jar that he had put Mabel's stomach in that Bilby express shipped to Dr. Edwin DeBarr.
Mrs. Carrie Oakes (testimony) -- After the State presented Dr. DeBarr's testimony and recalled Dr. Bilby --- Carrie Oakes was called to testify as to the time that Mabel left the house on 9 November 1910, 10 o'clock. Mrs. Oakes testified that Mabel left the house wearing that so called scarf. Mrs. Oakes also testified to exhibit "D", a pair of drawers that Mabel owned and had bought at a store in Alva. Mabel had two pair of drawers. After Mrs. Oakes testimony, the Court adjourn until 1:30pm when W. M. Bickel took the stand. -- witness mileage fee, 7 days, 57 miles;
W. M. Bickel (testimony) -- Mr. Bickel we find out lived in Alva and held the official position in Woods County, Oklahoma as County Judge. Bickel had been acquainted with the defendant Miller for about ten years. Bickel was asked by Mr. Vigg for the prosecution, if he had ever had a conversation with the defendant in which he spoke to something about his having studied medicine? -- witness mileage fee, 1 day, 112 miles;
George W. Crowell (testimony) - Vice President & Director of the First National Bank. George Crowell resided in Alva, Oklahoma, Woods County, almost eighteen years. Crowell during that time (1910) was fifty years of age. According to the 1904 News clipping from local newspaper, Alva, Okla.,... Crowell was a native of North Carolina. He came west in his youth with his parents and lived several years near Pittsburgh, Kansas. He came to Attica, Kans., in 1884 and engaged in the lumber business. Crowell came to Alva, Sept. 16, 1893, and opened first lumber yard. He was appointed county commissioner of the first district by Gov. Renfrow, chosen chairman of board by other two members. Served in office until Jan 10, 1895. Crowell was known as a Liberal, public spirited, pushing citizen whose assistance in every public enterprise has been of great and lasting benefit to Alva. He served the city as councilman and treasurer. He was Vice-President of 1st National Bank and President of Crowell Bros. Lumber Co. (yards & elevators at several different towns; dealers in lumber, coal & grain.). -- witness mileage fee, 4 days, 57 miles;
N. J. Lewellen (testimony) - Acting Constable of the City of Alva, Oklahoma. N. J. Lewellen, residing in Alva, Oklahoma at the time, was seventy-three years of age on March, 1911. Lewellen had lived there about 7 years as of 23rd of September 1911. Lewellen had been acquainted with the defendant, Miller, ever since he has lived in Alva. Five years before 9 Nov. 1910, Lewellen was acting constable. Lewellen testified that he and Miller had very close business together all the time, every day something like six months before the 9 Nov. 1910. Lewellen was married to a 49 year-old lady at the time.
George Bell - George Bell testified after N. J. Newellen as a witness for the State. Bell lived in Alva, Oklahoma after coming to Alva in 1906. Mr. Bell run the Alva Ice & Cold Storage company in Alva, Oklahoma. In 1926 the Bell Hotel was built and named in honor of George Bell who had died in 1925 while he was serving Alva as Mayor. George Bell saw N. L. Miller at his office on 9 November 1910, between 10:30 and 11:00 o'clock A.M. A lady was also present with Mr. Bell and Miller. Mr. Miller dictated an affidavit and she wrote it out on the typewriter. Bell testified that he was not acquainted with Mabel Oakes and he didn't know whether this lady was Mabel Oakes or not. He also testified that he left Miller and that lady in Miller's office when he (Bell) departed. Bell testified that Miller's office was on the southeast corner of the square, Alva, Oklahoma, Woods County. -- witness mileage fee, 3 days, 56 miles;
S. B. Shares - S. B. Share testified after Mr. Bell. Share was a Merchant and came to Alva, Oklahoma the Spring after the opening of the strip. He was also acquainted with Mr. Miller for twelve years. S. B. Share testified that he saw Miller in Miller's office about 10 to 15 minutes after twelve on the 9th day of November 1910. Mr. Share mentioned in testimony that the front doors of Miller's office were closed when Share went into Miller's office. Miller was not doing anything, just standing there. Share spoke to Miller first and said, "Well, we got beat, didn't we?" Miller replied, "Yes." Share says, "Well we will try them again two years from now," and Miller said, "Yes." Mr. Share stated to the jury about Miller's condition at that time, "Well at the time I saw him, it appeared to me that he had been drinking some, he was a little bit nervous I supposed on account of drinking." S. B. Share didn't stay in the office room but a couple of minutes and he left Miller in his office. Share testified that it was just Miller and himself that was there at that time. Share also said Miller's office was on the southeast corner of the square, in Alva, Oklahoma. -- witness mileage fee, 4 days, 56 miles;
C. O. "Dick" Green - The Local Newspaper reported that Green witnessed Justice N. L. Miller around the Old Opera House between 12 & 1 o'clock p.m., 9 Nov. 1910. Mr. Green was the next witness on the stand for the State after S. B. Share. Mr. Green stated to the court that he resided in Alva, Oklahoma for eight years and was forty-one years of age. Green was acquainted with the defendant Miller. Mr. Green testified that he had seen Miller in front of Miller's office, on the 9th of November 1910, near the building known as Miller's Offices about 12:45 in the afternoon and the office was near the southeast corner of the square in Alva. Under cross-examination, Mr. Green stated that Miller was crossing the walk, coming from the north, and the Opera House is east, next door to the office. Green didn't stop to visit, he simply passed right on by and Miller went into the offices. Green didn't know how long Miller stayed or "anything of that kind." -- witness mileage fee, 3 days, 56 miles.
Mrs. J. F. (Alice) Amis - Alice Amis was the next to give testimony for the State. She resided at Alva for twelve years, a married lady to J. F. Amis, she was fifty years old . Alice stated that Miller's office was right on the public square at the east corner, near the southeast corner of the square on Barnes Avenue and the Old Opera House was east of Miller's office and the two buildings join each other.
Mrs. Amis stated that on the 9th of November 1910 she passed directly in front of the Old Opera House and defendant's offices in Alva, but wasn't sure of the time but she went to the post office and it was fifteen minutes after one when she got to the post office. She testified that it must have taken her five minutes to get to the post office over in the 600 block of Flynn Ave.
Alice testified that she didn't see anything except Miller's horse tied to a telephone pole. She did notice that the doors leading into the office and the Old Opera House were closed. When she returned from the Post Office, she passed Miller's office and the Old Opera House again maybe around 1:20 and 1:25 p.m. Mrs. Amis went right over to the Post Office and right back.
Mrs. Amis testified, "I came from the west here. I was coming from the west and was starting to cross the street. I came right across this way, N. L. Miller came out of the Opera House right here, and he came out of there and shut the door, turned the knob and shook it to see if it was fastened. He came on here to the office door and now whether he locked that door or not I don't know. His back was to me. I went on up to the corner and I looked back from force of habit and he was getting into his buggy and he drove west. (about 25 minutes after one)"
Under cross-examination, Mrs. Amis stated that it was somewhere in the neighborhood of one o'clock when she left her house to go to the post office to mail some letters to her daughter and wanted to get them off in the mail. She glance at the clock on the West wall of the Post Office when she got there. Mrs. Amis testified that the Rock Island train coming west leaves at one o'clock. When asked if she knew if the clock at the post office was correct, Mrs. Amis replied that she didn't know if it was or not. She did not have a watch and she did not look at the clock when she got home nor when she left for the post office. She just grabbed the letter and went. -- witness mileage fee, 7 days, 57 miles;
The Court... takes a ten minute recess after Mrs. Amis' testimony. After the Court resumes the State Rests his case. 9:00 o'clock the next morning when Mr. Swindall, attorney for defendant Miller, moves the Court to withdraw from consideration of the jury and instruct them that when considering this case to wholly disregard and not consider any of the given by the witnesses -- G. N. Bilby, Dr. Templin, Dr. Grantham, N. J. Lewellen, W. M. Bickel, Dr. Edwin DeBarr (State Chemist of Norman, Oklahoma). The court Overruled. To which ruling of the court the defendant then and there duly excepted at the time. Mr. Swindall then excepts and demurs to the sufficiency of the testimony offered by the State, and moves the Court to instruct the jury that in the opinion of the court the evidence is insufficient to warrant a verdict of guilty and to return a verdict of not guilty. The Court overruled the Demurrer. The defendant duly excepted at the time. The Court adjourn until the next morning, at 9 o'clock for the...
Chas. Wagner (testimony) - Charles Wagner was recalled back to the stand as a rebuttal witness after the Defense Attorneys rested their case. When Mr. Wagner entered the office 7th day of November, 1910, Wagner met Miss Oakes. No one was with her. It was just before election day, between the hour of twelve and one o'clock and Charles Wagner was going to dinner. Mr. Wagner was asked if he saw or observed Miss Oakes face at that time. His response was, "Yes. I noticed her standing and talking to her." Mr. Wagner did not notice any bruises on her face at any part of her face. When asked what was the condition of her eyes, Wagner replied, "Well when I spoke to her I asked her where Mr. Miller was and she raised her face up and looked like she had been crying." Mr. Wagner testified that Mr. Miller was in the rear room as Mabel had told him. Wagner saw Miller later on when Miller came out of the room back of the office. Wagner met Miller at the back door. He was there concerning some roller skates. -- witness mileage fee, 1 day, 37 miles;
Dr. O. R. Gregg - -- witness mileage fee, 3 days, 57 miles;
J. P. Renfrew --
Harry E. Mason --
J. G. Bittner --
D. C. Green --
Benjamin Dunning --
J. M Free --
J. F. Bolte --
L. W. Bevis --
John Luse --
C. J. Funk --
J. W. McWilliams --
M. T. Wilson --
W. W. Hiatt --
Ray Close --
George Dexter --
Claud McCrory -- Where did McCrory vanish to after he resigned as county attorney?
J. D. Scott --
J. H. Gilmore --
Kent Eubank -- witness mileage fee, 5 days, 57 miles;
Jeff Bower -- witness mileage fee, 4 days, 57 miles;
Walter Rambo -- witness mileage fee, 5 days, 57 miles;
P. A. Monroe -- witness mileage fee, 3 days, 57 miles;
N. E. Turner -- witness mileage fee, 5 days, 57 miles;
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