Volume 15 , Issue 8

NW Mystery Corner

This is Sheriff Hugh Martin, Jr.'s Testimony in Alva's 1910 Old Opera House Murder Trial that was held in Northwest Oklahoma, in Woodward.

This photo and other information about Sheriff Martin came via email from a great-grandson of Hugh Martin, Jr. We now know that Hugh Martin, Jr. made the land rush into Woods County. We also found out that his horse threw him during the Run and he got no claim. His father-in-law Joseph Barnett and brother Lemuel Barnett made the Run as well. Only Lemuel got a claim, although all of them stayed in Woods County. Hugh married Ida B. Barnett and came to Oklahoma at the opening of the Cherokee Strip, settling on a farm seven miles southeast of Alva, near Dacoma area. He was Sheriff of Woods County during two terms, 1909-1912 & 1923-1924.

Dr. Saffold's Testimony

Dr. Saffold's testimony was taken during direct examination under Moman Pruiett, who was hired by the Law Enforcement League in the prosecution of N. L. Miller. According to Dr. Saffold, he testified, "The first time that I saw Miss Oakes professionally was about the 1st of August (1910). I think it was the second. I was called down and found her in almost an unconscious condition sitting in a chair. The first time, he asked me to go down to see her. The second time he asked me to call on her." Dr. Saffold later testified that October 17, 1910 (three weeks before Miss Oakes death) that he examined Mabel Oakes in his office.

Later under Cross-examination by L. T. Wilson, Dr. Saffold stated, "Squire Miller told me that he was not responsible for her condition when he first came and asked me to examine her. He said he had reason to suspect that the girl was in that condition, and while he was not responsible for her condition he wanted to know, because if she was in that condition everybody would think that he was responsible."

Dr. Geo. N. Bilby's Testimony

Dr. Geo. N. Bilby 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, and lived in Alva, Woods County, Oklahoma. He graduated from the Louisville Medical college, Louisville, Kentucky. Settled in Stroud, Oklahoma and practiced medicine since 1894. Bilby came to Alva in 1899. He had his Doctor's office upstairs in the building on the northeast corner of College Avenue & Flynn Street (where the Johnson Insurance Company 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. He was one of three doctors that had done the post mortem on Miss Oakes body 9 November 1910.

State's Opening Statement

State Opening Statement - "Now, gentlemen of the jury, the evidence on the part of the State will be in part circumstantial; will be in part circumstantial, not altogether. The evidence will show that the deceased was strangled to death by this defendant, N. L. Miller, and that he had several motives for strangling and killing her."

During the interviewing of the Jury, there were several jurors that were dismissed because they were prejudice against the use of circumstantial evidence in a criminal case. If it was wholly circumstantial evidence they would not sentence a man for death. One witness was excused because he didn't believe that he could make up his mind to sign a death warrant on wholly circumstantial evidence.

The 12-Man Jury

John Chambers -- Lived 10 miles south of Quinlan for four years. Lived in the south and east of Woodward, out toward Mutual, post office was Pearl. Came from Iowa. He was 26 years old, married man with wife and one child. -- Pass for cause. 8 days, 60 miles.

J. A. Hampton -- Lived in Mooreland for four years. He was fifty years of age and came from Missouri. Family consisted of a wife, one son, wife's small sister that they raised since she was three years of age. He read the headlines of this disaster in the "Beacon" but did not read the article. He was assistant deputy in Missouri and Kansas. 8 days, 20 miles.

Harry McGriff -- Lived in Mutual for 7 years. Used to live down at McGriff's Grove. McGriff came from Kansas and lived in Kansas for 20 years. He was 38 years of age with a wife and baby. 8 days, 66 miles.

J. T. Israel -- Israel was a forty-five year old man that lived in Mooreland since he came there in November 1908. He has lived within a mile of Mooreland ever since. He was in the farming business with a wife and five children. two boys and three girls., with the oldest girl being 17 years of age and the youngest is four years. He came to Oklahoma from Missouri, Schuyler County. Israel was asked if he was acquainted with a Miss Miller that once taught school in Mooreland and at the district schoolhouse a mile and a half east of Mooreland. He responded, "No sir." He read something about the case in the Wichita Beacon. 8 days, 20 miles.

M. B. Wallace -- a fifty-eight year old man that came from Illinois to Kansas (Butler County, Eldorado) to Oklahoma. He lived 22 miles southeast of Woodward for eight years last December. 8 days, 44 miles.

Earl McDowell -- He lived two miles from Mooreland, Oklahoma for about 10 years. He was asked if he was acquainted with a Miss Miller who taught school up there about three years ago (1908). He responded, "No, sir." At the time he was a 33 year old man with a wife and baby. He came from Cloud county, Kansas to Oklahoma. He had never been to Alva nor took the Alva papers. He was in the farming business. 8 days, 26 miles.

Ray (Roy) Halloway -- He was a married 27 years of age man with three children. A native of Stark County, Indiana. He had lived in the east part, Cedardale, Woodward County 10 or 11 years. , 8 days, 64 miles.

E. A. Yeager -- A thirty-five year old man that lived four miles west of Woodward and a native of Kansas that has lived in Woodward county for four years. He has prejudice against circumstantial evidence.8 days, 9 miles.

Lewis (Louis) M. Philips -- "A man with a family of five girls and a boy. His oldest daughter going on 19 years of age and his youngest was five years. He had lived ten miles Southeast of Woodward for ten years. He came from Flynn County, Missouri to Oklahoma. He had never heard of what purported to be the facts in the case except what he read in the Woodward papers." 8 days, 20 miles.

J. A. Rhudy -- A native of Virginia. He has lived in Oklahoma 11 years. Mr. Rhudy is a 45 year old family man with five children (3 girls and 2 boys). Oldest daughter is 18 years old. He had never heard of this case until he came to Woodward. He heard of it at Fargo. Rhudy lived 21 miles southwest of Woodward, in Woodward county. 8 days, 4 miles.

George B. Welty -- A native of Ohio. He has lived in Oklahoma a little over ten years. No relation to Don Welty of Oklahoma city. He read of the case generally when it occurred. Welty is in the farming business. He lives 39 miles northeast of Woodward. He had sat as a juror in a murder trial before in Lineas county, Missouri about 8 years ago. (One black man killed another.). He knew of two of the witnesses. Mr. Rambo for 6 years, and Mr. S. P. Shearer. 8 days, 78 miles.

H. C. Thompson, jury foreman -- A 68 year old native of Missouri that has raised three children, girls. He has lived in Woodward county for 17 years as a merchant and a farmer, but not in any business at this time. Has no prejudice against the use of circumstantial evidence in a criminal case. He knew one witness Mr. Campbell. He knew Judge Wilson and Mr. Tincher over at Medicine Lodge or that part of Kansas. 8 days.   |  View or Add Comments (0 Comments)   |   Receive updates ( subscribers)  |   Unsubscribe

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