Old Opera House Mystery

(Alva's First Homicide - 9 November 1910)

Summary of the Case - Trial, Final Judgment & Sentencing

Renfrew's Record, Alva, Oklahoma, 8 Sept. 1911 -- "The report of this murder, on the afternoon of Wednesday, Nov. 9, 1910, inexpressably shocked the people of this city and county where the families of the murdered girl and accused were well known."

This is a brief summary of the case is what appeared in Renfrew's Record, dated 8 September 1911... 

"Mabel Oakes left her home in the city about 10 o'clock a.m. to go downtown. As she did not return to dinner, her father, George Oakes, left home about one o'clock p.m., went down to look for Mabel. He first went to Justice N. L. Miller's office, in the old opera house, where Mabel had been employed as clerk by Miller for over a year, to see if she might not have stopped there, but the door was locked. Miss Oakes had quit Miller's employ some months before.

"Failing to find Mabel around the square, Mr. Oakes was returning, crossing the street south of Noel's livery barn, when Miller came out of his office and hailed him, asking him to come over there. Mr. Oakes went and Miller admitted him to the office, closing the door on a friend of Oakes', who was with him. 

"Miller then told Oakes that there was something wrong with Mabel. This alarmed the father and he tried to go back into the opera house, but Miller stepped in front of him, telling him not to be alarmed. 

"Mr. Oakes, now thoroughly aroused, pushed Miller aside and hurried through the building to a small room in the southeast corner of the opera house, where he found Mabel lying on the floor as if asleep, and on taking her hand which was still warm, he found that she was already dead.

"The alarm was at once given and officers and physicians were called. Miller was arrested and placed in jail. A jury was empaneled."

The empaneled Coroners jury sworn to inquire into the cause of death of Mabel Oakes, did find that Mabel Oakes was dead, that she came to her death on 9 November 1910, in Woods County, Oklahoma, and that said death was due to violence by strangulation, with a scarf in the hands of another person with intent to kill and murder Mabel Oakes, and they believed the person to be N. L. Miller (a.k.a. Nelson L. Miller).

Preliminary was waived by Miller and later the case was called in district court, Miller asked for change of venue. Change of venue to Woodward County was granted by Judge Loofbourrow, and the case was set for trial September, 1911.

Nelson L. Miller (a.k.a. N. L. Miller) was charged with the crime of murder in the District Court of Woods County, State of Oklahoma by information filed in that court on 6 January 1911. On 27 February 1911, the defendant made application to the District Court of Woods County, Oklahoma for a Change of Venue. The Woods County District Court granted the application of defendant N. L. Miller to the District Court of Woodward County, Oklahoma. 

According to Renfrew's Record, Alva, Oklahoma, dated 8 September 1911... "The case of N. L. Miller of this city, charged with the murder of Mabel Oakes last November, was called to the district court at Woodward by Judge Cullison, of Enid, Wednesday morning."

County Attorney Vigg, of Woods County, was assisted by Attorneys Moman Pruiett of Oklahoma City, and J. N. Tincher of Medicine Lodge, Kansas.

The defense was ably represented by Judge L. T. Wilson and J. P. Grove of Alva, and Attorney Charles J. Swindall of Woodward. Attorney Erskine W. Snoddy of Alva was at first employed for defense but retired from the case.

The newspaper went on to report that nearly 50 citizens of Alva (witnesses or interested in the trial) have gone to Woodward and others will go later. It took nearly two days before a jury was secured and the trial formally opened.

The defense tried to get a continuance, but the motion was over-ruled. The defendant filed a motion supported by affidavit that he was not ready for trial on account the absence of James Roller, who if here would testify that he saw N. L. Miller in front of Jackson's Cigar store, getting election returns from 12:45p.m. to 1:45p.m. on the day of the murder. The prosecution agreed to admit the affidavit as the deposition of James Roller. The work of selecting a jury commenced.

A twelve-men jury of peers was chosen, empaneled and completed on 7 September 1911 to try N. L. Miller for Mabel Oakes' murder in the Old Opera House, 9 November 1910, Alva, Oklahoma, Woods County.

Five days later, 12 September 1911, after an alleged full and complete hearing of the evidence, the jury was given instructions of the court and argument of counsel and given the task of determining a verdict in Case #714 - N. L. Miller murder trial.

Woodward County files - Case #714...

Woodward Appearance Docket - PDF file of Case #174, N. L. Miller Murder Trial.

Application for Transcript of Record at County's Expense - Miller asked the Judge of the woodward District Court of the 20th Judicial District to make an order requiring the Stenographer of said court to make transcripts of such proceedings and charge the costs thereof to Woods county, state of Oklahoma. It was signed by N. L. Miller, 18 September 1911.

Order for Transcript of Record - 12 Sept. 1911, Motion for New trial overruled. Miller orders a transcript of stenographers notes and intends to appeal case for review by Criminal Court of appeals of State of Oklahoma. Ary Allen was the official reporter, Stenographer of the Court. It was ordered that a full and complete transcript of his (Ary Allen) notes taken in the trial be delivered to defendant's attorneys within the time fixed by the court for making and serving case-made in Case #714. The reporter did not have to make transcript containing the examination of the trial jury, and the challenges to the members of the panel of jurors. The costs of the transcript was charged to Woods County, Oklahoma. The Order was signed by James B. Cullison, Judge.

Order Over-Ruling Motion for New Trial and Motion to Arrest Judgment and Sentence, extending time to make and serve case made -- Filed Dec. 30, 1911, Jerry Coover, clerk and signed by H. H. Alexander, Deputy.

Jury's Verdict - 12 Sept. 1911, Case #714, State of Oklahoma, Plaintiff, vs. N. L. Miller, Defendant, Dist. Court of Woodward County, Oklahoma, Filed Sept. 12, 1911 by Jerry Coover, Clerk. -- "We, the jury duly empaneled and sworn to try the issues in the above entitled cause, do upon our oaths, find the defendant guilty as charged in the Information and assess his punishment at Life Imprisonment at hard labor. signed by Foreman, H. C. Thompson."

Motion of Defendant N. L. Miller - Arrest of Judgment & Sentence - 15 Sept. 1911

Final Judgment & Sentencing - 15 Sept. 1911, Read the PDF file for more information.

N. L. Miller Transported to Prison - Oklahoma State Penitentiary, McAlester, Oklahoma, Sept. 19, 1911 -- "Received this commitment on the 15th day of September, 1911, and executed the same by delivery of the within named defendant, N. L. Miller to R. W. Dick, warden of the Oklahoma State Penitentiary, at McAlester, Oklahoma, as herein commanded, on September 19, 1911." signed by B. F. Richards, sheriff of Woodward County, Oklahoma. Warden's Receipt of Prisoner Miller. -