Chronology of Old Opera House Mystery
This is the chronology that we have put together for the Mysterious death of Mabel Oakes, 9 November 1910, in downtown Alva, Oklahoma, at the "Old Opera House," on the South side of the square, Barnes Avenue.
State of Oklahoma, County of Woods: "Whereas, complaint in writing , under oath, has been made in the County Court of said County before the Judge thereof by George W. Oakes and it appearing that there are reasonable grounds for believing that on the 9th day of November, 1910, in Woods County and State of Oklahoma, N. L. Miller, did then and there, willfully, purposely, without authority of law, feloniously, with malice aforethought, and with the premeditated design to effect the death of another human being, to-wit: Mabel Oakes, by means of a scarf which he placed and wound around the neck of her, the said Mabel Oakes choke and strangle her until she died, as was intended by said N. L. Miller that she should do and that therefore by the manner and means aforesaid, at said time and place he the said N. L. Miller did kill and murder her the said Mabel Oakes, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the State of Oklahoma." -- it was received, executed on the 11 Nov. 1910, filed January 31. 1911. 10 November 1910 - Information Filing - State of Oklahoma, County of Woods, vs. N. L. Miller -- "That in the County of Woods, State of Oklahoma, on the 9th day of November 1910, N. L. Miller did then and there, willfully, purposely, without authority of law, feloniously, with malice of aforethought, and with the premeditated design to effect the death of another human being to-wit: Mabel Oakes, by means of a scarf which he the said N. L. Miller then and there held in his hands, which he placed and wound around the neck of her, the said Mabel Oakes, choke and strangle her until she died, as was intended by said N. L. Miller that she should do and that therefore by the manner and means aforesaid, at said time and place he the said N. L. Miller did kill and murder her the said Mabel Oakes." It shows the witnesses for the State: George W. Oakes, Hugh Martin, Dr. Templin, Dr. E. Grantham, Dr. G. N. Bilby, Hugh Martin, George Crowell, Mrs. Carrie Oakes, Dr. Saffold, Dr. Gregg, C. O. Green and Kent Eubank. It was signed and dated November 10, 1910 by in front of the clerk of the county court by George W. Oakes who being of lawful age and first duly sworn on his oath says that he has read and knows the statements and allegations contained in the within information and that the same are true. 10 November 1910 - The following is a list of the coroner's jury impaneled by Judge Lawhon, acting coroner: T. B. Roby, J. T. Herold, G. W. Crowell, R.B. Dugan, C. R. Moore, W. M. Goebel. The jury adjourned until nine o'clock, Thursday morning, November 10, 1910, to await the report of the physicians. 10 November 1910 - Funeral services for Mabel Oakes were held at the Renfrew-Howerton undertaking rooms at three o'clock, 10 November 1910, Thursday afternoon, conducted by the Reverend G. W. McQuiddy. 10 November 1910 - Oklahoma City Times, Thursday, Nov. 10, 1910, frontpage -- News Article - Alva Girl Murdered - One Arrest - Alva, Okla.,"With the finding of the dead body of pretty Mabel Oakes, 23-year-old daughter of a well-to-do family here, in the rear of the old opera house block, with a silk scarf tightly wound about the neck late Wednesday, the most sensational murder in recent months was uncovered. The girl had been employed for several months as a clerk in the office of N. L. Miller, justice of the peace. Miller's office is in the front part of the building in which the body was discovered. The girl had failed to go home for noonday lunch, and late in the afternoon the father had started for Miller's office to ascertain the cause of her absence. He was met at the door by Miller, who, with ashen face, told him he had just discovered the body. The police were immediately notified and Miller was arrested and lodged in jail. Miller denies all knowledge of the crime or that he had ever had improper relations with her. At the inquest Thursday physicians testified that death was due to strangulation." 10 November 1910, Friday - Coroner's Inquest 11 November 1910, Friday - Inquest Being Held - news article - Indications Are That Mabel Oakes Was Cruelly Murdered - "Judge Lawhon impaneled a jury this morning for the purpose of holding an inquest upon the dead body of Mabel Oakes, who yesterday was found in a room at the back end of the old opera house, which is directly connected with the office of N. L. Miller, lying upon her back, with her hands carefully folded across her breast, and with every appearance of having died at peace with mankind. Had not she been found in that little back room, where evidences of midnight revels appeared on every side, no great suspicion would have been aroused. Sheriff Martin immediately took charge of the body, placed Miller under arrest and in jail, and this morning the wheels of retributive justice commenced to turn." 11 November 1910 - Renfrew's Record, Alva, Wds Cty, OK - Nov. 11, 1910 - Tragedy In Old Opera House - news article - " Miller's connection with the affair was so plain that Judge Lawhon told him that he would either set a guard to watch him or send him to jail for safe keeping, and Miller said he preferred to go to jail. His request was granted and Sheriff Hugh Martin placed him behind the bars, where he remains at present. 12 November 1910 - The Daily Oklahoman, Saturday, 12 November 1910, pg. 2, Official Accused of Slaying Girl, Inquest Shows Alva Girl Was Choked to Death With Own Scarf, Evidence is Strong, Married Man - Who Employed Her, is Held as Murderer. 12 November 1910 - Oklahoman News article stated, "Accused to Solve Mystery of Death, Oklahoman article - Alva, Okla., Nov. 12 -- N. L. Miller, the justice of the peace who is in jail charged with the murder of Miss Mabel Oakes, announced today that when he was called to trial he would be able to produce the man responsible for the girl's condition. Miller admits he was in love with the girl and says he intended to get a divorce and marry her. Around the neck of the girl when her body was found was a light scarf which was not wound tightly, but which the coroner's jury says caused her death. The jury found that she was strangled. Miller could easily have removed the scarf had he strangled her with it and few of those in Alva who saw the body believe the girl came to her death in that way." 16 November 1910 - N. L. Miller, justice of the peace, in jail charged with the murder of Mabel Oakes. Miller refused bail, he feared the people of the town would attack him if he appeared on the streets. Miller's bail was fixed at $5,000. 16 November 1910 -- Wichita Beacon headlines: "Justice of Peace Miller Dares Not Leave Jail on Bail and Remains." Alva, Okla., Nov. 16. -- N. L. Miller, justice of the peace, in jail here charged with the murder of Mabel Oakes refused bail, today, saying he feared the people of the town would attack him if he appeared on the streets. Miller's bail was fixed at $5,000. 24 November 1910 - Preliminary hearing scheduled, but postponed to December 1, 1910. 25 November 1910, Friday - "Alva Pioneer" news article stated that the Wichita Beacon news article was without foundation, and a lie on its face. The designing writer was condemned by Alva people. The Pioneer reported to keep the public posted on the procedure of this case, and it was their aim to give a full and true account of the evidence as the testimony is taken. - Alva Man Fears Violence - news article dated 25 Nov. 1910. 30 November 1910, Wednesday - Attorney Moman Pruiett arrived Wednesday and remained a couple of days visiting the family of his father-in-law, Hon. August T. Sniggs. J. N. Tincher (hired by George Oakes) arrives that afternoon. 1 December 1910, Thursday - Preliminary rescheduled for 10 o'clock, Thursday morning before County Judge R. A. Cameron. Serious illness of County Judge Cameron, the preliminary was been postponed to 2:00 p.m. -- Judge Cameron unable because of alleged illness. 2 December 1910 - Filing before R. A. Cameron, County Judge of Woods County, State of Oklahoma. Now on this 2nd day of December, 1910, the case of the State of Oklahoma vs. N. L. Miller, coming on to be heard before the said R. A. Cameron, County Judge, upon Information of the County Attorney, said cause having been continued to this date by agreement of counsel, the following proceedings were had: The defendant N. L. Miller, being present in court in person, and represented by counsel, L. T. Wilson, E. W. Snoddy, and J. P. Grove, waived the reading of the Information, and entered a pleas of not guilty, and waived preliminary examination. Whereupon the Court ordered that the defendant, N. L. Miller, be held in the jail of Woods County, Oklahoma, without bail, to answer the charge contained in said Information, to-wit: Murder in the first degree. signed by R. A. Cameron, County Judge. 16 December 1910 - Paul Grove, Jr., has been appointed a justice of the peace, the vacancy occurring on account of the resignation of N. L. Miller. 6 January 1911 - File and enter Information Oath, certificate and seal Recording Information, Woods County Case #612. 9 January 1911 - County Attorney Claud McCrory resigned as prosecuting attorney when public sentiment had arisen that he was stalling. McCrory had to do one or the other ... resign or prosecute Nelson Miller for the death of Mabel Oakes. McCrory resigned and vanished, with the Law Enforcement League send out detectives to find him at no avail. 12 January 1911 - George W. Oakes (Plaintiff) vs. N. L. Miller & N J Lewellen (defendants) "Abstract of Judgement", $79.92, judgement rendered by I. B. Lawhon, justice of peace, filed 18 January 1911. 21 January 1911 - File and enter affidavit, Oath, certificate and seal, File and enter Praecipe (sic) for subpoena Issuing. 27 January 1911 -- The case was entered on Bar Docket. Assignment of case for Trial. 30 January 1911 - File and enter Returned Subpoena. 6 February 1911 -- Served all of the named witnesses personally, except C. O. Green & Hugh Martin by leaving copy at residence. Enter sheriff's fees - Walter Rambo. 8 February 1911 - Entered arraignment of Defendant. Enter order giving defendant 1 day to plead. 9 February 1911 - File and enter Demurrer to Information. Enter on Motion Docket. Enter order overruling defendants Demurrer to Information. Enter Order giving State permission to endorse names of H. F. Ketcham, S. B. Share, Geo. Bell, Ray Close, Geo. Dexter, Claud McCrory as witnesses for State. File and enter Praecipe for Subpoena Issuing. File and enter Receipt of names of Additional witnesses and list of Witnesses in Chief. 15 February 1911 - File and enter Returned Criminal subpoena served on all witnesses in person, except Ray Close (not found). Enter Sheriff's fees - Walter Rambo. 16 February 1911 - File and enter Returned Subpoena served on Dr. B. W. Safford in person. Enter sheriffs fees - J. T. Lamison, Grant County, Oklahoma. 27 February 1911 -- File and enter petition for Change of Venue, Oath, certificate and seal. File and Notice of Application for Change of Venue. File and enter affidavit of N. L. Miller. File and enter Affidavitt of E. P Weaver, E. Westling, Geo. S. Parker, J. D Scott, J. H. Gilmore, E. d. Drake, J. P. Renfrew, Harry E. Mason, J. G. Bittner, D. C. Green, Benj. Dunning, J. M Free, J. F. Bolte, L. W. Bevis, John Luse, C. J. French, J. W. McWilliams, T. J. Dyer, M. T. Wilson, W. W. Hiatt. Enter Order granting change of Venue to Woodward County. February 28, 1911 -- Enter arraignment of Defendant and an Order giving defendant one day to plead. February 29,1911 -- Order overruling defendants Demurrer to Information. There were also witnesses for the State added to the list... H. F. Ketchen, S. B. Share, Geo. Bell, Ray Close, Geo. Dexter, Claud McCrory. 1 March 1911 - Henry L. Noah loaned Nelson & Rachel Miller $300, at 10% per annum. 8 May 1911 - File and enter Praecipe for copy of Information making certified copy of Information. 9 May 1911 - Making transcript and certifying same to District Court of Woodward County, including certificates and seals. 11 May 1911 - Filing Dates for Woodward Appearance Docket - The Woodward County filings begins with the filing of transcript. 12 May 1911 - a complete transcript of all the proceedings including all the pleadings and the information in the case was duly filed in the office of the Clerk of the District Court of Woodward County, State of Oklahoma, together with the order granting the change of venue to the said court of Woodward County. 24 June 1911 - File and enter Order Granting Change of Venue. Recording Order Granting Change of Venue. Making 3 certified copies of Order and sent one to District Clerk Woodward County. Walter Rambo, sheriff of Woods County, received an order granting change of venue. 26 June 1911 - Order granting change of venue. 28 June 1911 - Woods County sheriff, Walter Rambo, executed and delivered defendant Miller to the sheriff of Woodward County, Oklahoma, in the city of Woodward. 1 July 1911 - Filing agreement to continue. 7 August 1911 - Filing of Notice of Hearing. 22 August 1911 - Filed and entered Returned Order Granting Change of Venue. Served by delivering Defendant Miller to Sheriff of Woodward County. 2 September 1911 -- Filing receipt of said N. L. Miller for copy of Information; list of witnesses in Chief; Application to endorse names of additional witnesses; receipt of additional list of witnesses. 4 September 1911 -- There was a drawing from 60 jurymen; issuing summons to draw jury; Filing stated depositions taken by W. M. Bickel, Alva, Oklahoma; Filing of Order to deliver Miller to Woodward County. 5 September 1911 -- Filing of subpoena of Dr. B. W. Saffold. 5 thru 12 September 1911 - State's Rebuttal Witnesses were heard after the Defense produce it's witnesses. 6 September 1911 -- The empanelling of a jury of the peers of the said defendant was begun and completed on the 7th day of September, 1911. 6 - 7 September 1911 - Jury picked to hear the murder case of N. L. Miller. Jurors: H. C. Thompson (foreman), George B. Welty, J. A. Rhudy, Lewis (Louis) M. Philips, E. A. Yeager, Ray (Roy) Halloway, Earl McDowell, M. B. Wallace, J. T. Israel, Harry McGriff, J. A. Hampton, John Chambers. 8 September 1911 -- Swearing fifty-two jurors; swearing twelve witnesses; swearing the empaneled jury and twenty-one witnesses. 12 September 1911 - Instructions to the jury were filed in the District Court of Woodward County, Oklahoma. Filing Instructions, Motion and Special request for instructions. After a full, complete hearing of the evidence in Case #714 and the instructions of the court, the argument of counsel the case was submitted to the jury and the jury found a verdict and brought it into open court. 12 September 1911 - Jurors Verdict was filed in the District Court of Woodward County, Oklahoma 13 September 1911 - a Motion for New Trial was filed in the District Court of Woodward County, State of Oklahoma.File and enter Order served by delivering the body of N. L. Miller to the Sheriff of Woodward County (4 September 1911). 15 September 1911 - Final Judgment and Sentence was filed in the Distrtict Court of Woodward county, Oklahoma. Motion and Arrest of Judgment was filed in the District Court of Woodward County, Oklahoma. Order Extending Time To Prepare and Serve Case Made, upon the application and request of Defendant N. L. Miller, made in open court for an extension of time within which to prepare and serve a case to appeal to the Criminal Court of Appeals of the State of Oklahoma. 18 September 1911 - Defendant filed Application for transcript of Record at County's expense. 26 September 1911 -- Recording Final Judgment and Sentence; Recording Verdict; boarding Prisoner N. Miller. 7 November 1911 - Application for Extension of Time was filed in the District Court of Woodward County, Oklahoma. 19 February 1912 - Petition In Error filed with W. H. L. Campbell, Clerk, In the Criminal Court of Appeals State of Oklahoma), Appeal - No. A-1618, N. L. Miller - Plaintiff in Error vs. The State of Oklahoma, Defendant in Error. Nelson L. Miller's prison for Life began. 15 March - 18 May 1912 - Error From the District Court of Woodward County (filed with W. H. L. Campbell, Clerk,In the Criminal Court of Appeals State of Oklahoma) Appeal - No. A-1618, N. L. Miller - Plaintiff in Error vs. The State of Oklahoma, Defendant in Error. 29 June 1912 - Brief of Plaintiff In Error, signed by charles West, Attorney General - signed by Matson), Appeal - No. A-1618, N. L. Miller - Plaintiff in Error vs. The State of Oklahoma, Defendant in Error. 20 July 1912 - Brief of Defendant in Error (filed with W. H. L. Campbell, Clerk, In the Criminal Court of Appeals State of Oklahoma) Appeal - No. A-1618, N. L. Miller - Plaintiff in Error vs. The State of Oklahoma, Defendant in Error. 6 February 1913 - Motion to Advance On Docket filed with W. H. L. Campbell, Clerk, In the Criminal Court of Appeals State of Oklahoma), Appeal - No. A-1618,N. L. Miller - Plaintiff in Error vs. The State of Oklahoma, Defendant in Error. 7 March 1913 - 17 July 1912 Letter from Sandor J. Vigg, county Attorney To Charles West, Attorney General, Okla. City, OK, Hon. Charles West, Attorney General, Oklahoma City, OK, filed with W. H. L. Campbell, Clerk, In the Criminal Court of Appeals State of Oklahoma Appeal - No. A-1618. 3 May 1913 - Petition For Rehearing filed with W. L. Campbell, Clerk In the Criminal Court of Appeals State of Oklahoma), Appeal - No. A-1618,N. L. Miller - Plaintiff in Error vs. The State of Oklahoma, Defendant in Error. 22 July 1916 - Defendant Nelson Miller makes a voluntary appearance , but reserves until the 1st day of August 1916 in which to plead further in his divorce case. 24 July 1916 - Rachel B. Miller files petition for divorce from Nelson L. Miller. Their four children at this time were Eva & Minta (of age), Lavern (Bert L., 19 years), and George A. Miller (13 years). 4 November 1916 - Journal Entry - Rachel & Nelson Miller's divorce came for hearing and trial. A. G. Sutton represented Rachel Miller. Nelson Miller did not appear either by attorney or himself. Divorce Granted. 9 September 1921 to 9 December 1921 - Nelson Miller's prison card showed: L/A. [What is L/A (Leave of Absence)?] 23 December 1922 to 23 March 1923 - NelsonMiller's prison card showed: L/A. 23 March 1923 to 23 May 1923 - NelsonMiller's prison card showed: L/A. 23 May 1923 to 23 November 1923 - NelsonMiller's prison card showed: L/A. 14 November 1923 - NelsonMiller's prison card showed: Paroled. 18 December 1929 - NelsonMiller's prison card showed: Citizenship paid. | View or Add Comments (1 Comments) | Receive updates ( subscribers) | Unsubscribe
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