Volume 2 , Issue 6

Old Opera House Murder, George Oakes Story

George W. Oakes was sworn upon his oath and testified on behalf of the State of Oklahoma as their first witness in the murder trial of N. L. Miller. Oakes testified at 1:30 p.m., the afternoon of 8 or 9 September 1911.

George Oakes Testimony Direct examination by Mr. Tincher. George W. Oakes, a fifty year-old man, had lived in Alva for two or three years. Prior to that time he moved his family from eight miles north of Alva on a farm to a house in town located on Barnes Avenue, a four blocks east of the southeast corner of the down town square.

Mr. Oakes testified that his daughter, Mabel Oakes, was twenty-three years of age at the time of her death.

Mr. Oakes stated he was acquainted with the defendant in this case, N. L. Miller. Oakes knew Miller a little over two years.

Mr. Oakes stated that the last time he saw his daughter alive was on the 9th day of November 1910. It was nine o'clock or a little before nine, at home.

Oakes went uptown during the morning on the 9th day of November 1910, but he testified that he did not see his daughter downtown that morning. Oakes testified that he had left republican headquarters and went directly home around noon for dinner after twelve o'clock p.m. 

After dinner, Mr. Oakes left home to head back to town a little before one o'clock, looking for his daughter, Mabel. Oakes, because she did not come home during the noon hour. Oakes first looked for his daughter in Miller's office by opening the office door and peeking inside, but Mabel was not in the office. He then headed west down Barnes Avenue, clear around the square to the northeast side to the Republican headquarters again. 

Oakes stopped at the Republican headquarters for approximately an hour and a quarter (1 hour &15 minutes) or an hour and a half (1 hour & 30 minutes). After he left the Republican headquarters he started and went to the northeast corner of the square, then went from there across the east side of the square. 

Oakes was almost to the blacksmith shop on the southeast corner of the square on his way home when Mr. Miller called to him. Oakes was at the corner of the Livery barn, or near it and Miller called to Oakes to come over there.

Oakes testified, "If I remember the words right he just said, 'Hey, George.' and I looked up and he motioned to me and I nodded my head at him. I nodded 'all right.' " Oakes did not go over there right then, though. Oakes turned back to talking to the man that he was with, Mr. I. W. Barnhouse. 

It was about that time that Oakes turned to talk to Mr. Barnhouse again -- Miller hollered and said, "George," and Oakes looked up the second time -- Miller motioned for Oakes and said, "Come quick."

Oakes then started and ran across there, the street, to where Miller was standing at the door. Miller opened the door and Oakes stepped inside and Miller followed Oakes within and shut the door.

Oakes testified that Miller commenced to say something about Mabel, "I don't know as I can repeat his exact words, but I can give them nearly. He said something about Mabel and I asked him where she was."

Oakes testified that Miller supposedly said, "Not to get excited. I am sure she is dead." Oakes also testified that Miller appeared to be nervous. 

The defense attorney, Mr. Wilson, jumped in with an objection to this line of question as incompetent, irrelevant and immaterial. The Court Sustained. Mr. Wilson moved to strike out the answer and withdraw the same from the consideration of the jury. The Court sustained.

>Mr. Oakes stated, "Well, he (Miller) was, as I stated, he was nervous and seemed to be bothered about something. I asked him where she was. He said not to be excited and not to be in any hurry, he was sure she was dead. Miller stood somewhere between the middle of the room and a little to the south I would judge, south of the middle of the room."

Mr. Oakes stated, "When he (MIller) told me the last time -- he told me he was sure she was dead. He told me he was sure she was dead."

Oakes said to Miller, "Miller, where is she." 

Oakes testified, "Miller had said she was in a back room."

Mr. Oakes stated, "I started to go through this door right about there and he came right down beside of me here and when I got to the door Mr. Miller said not to be in a hurry again and I just merely shoved him out of the way a little and opened that door. I came through here, (indicating on map) to here, through here, through this door and into that place there. Right here somewhere. This was dark in here and I didn't see her in there. I expected to see her in this part of the house and I didn't see her there, and right along here somewhere he steps up by the side of me and he says, 'She is back in that room.' and pointed toward that little room there."

Oakes testified that Miller started and went back there and Oakes followed him. "We came down to here. There was a wagon there and I followed him right in to this door here. My daughter lay right in there."

Oakes testified, "Miller stepped right to the side there, right along there and said, 'Now that is just the way I found her.' Miller kind of sit down on some steps that goes from this room up onto that stage. That stage is a raised floor. There were steps running from that little room up to that stage."

Oakes continued his testimony, "I knelt down on my knees and picked up her hand and felt her pulse and put my fingers under her hands, and I felt no pulse. I put my hands on her face and it was getting cold and I put my hand down under her coat as near her heart as I could and there was a little bit of warmth there. I raised up and Mr. Miller still remained on those steps and I turned to him and I said, 'Well, Miller, Mabel is dead. Let's go.' "

Oakes testified that Miller said, "For God's sake lets carry her out into the office."

Oakes response to Miller was, "No, we have no right to. This was the way you say you found her and this is the way I find her."

Oakes went on to testify, "Come on." And testified that Miller said, "You have a right to carry her." Oakes said, "No, lets go. That we had to go and get the officers." 

That's when Oakes went out and Miller followed Oakes up into the office, into Miller's office. They stopped in Miller's office. No one but Oakes and Miller were in there. Oakes testified that Miller wanted to stop and phone the officers. Oakes stopped and Miller went and rang the phone and said he couldn't get nobody.

Oakes testified, "I said, well, we will go and get them and Miller came to the door with me and stepped outside."

It was then, Oakes, there in front of the office went direct to the court house from there to get the officers. He brought back with him Hugh Martin, the sheriff of Woods County. 

Mr. Tincher asks Mr. Oakes if he had observed anything about the condition of his daughter's clothing or wraps at that time?

Oakes responded, "Well sir, I didn't observe anything more than that she was apparently laid out. Her clothes were straight as far as I observed. There was a scarf around her neck, that is all I saw. I didn't see how tight it was. I didn't examine it at that time."

Mr. Tincher hands Mr. Oakes a photograph and marks it as Exhibit "B" and asked him if this is a photograph of his daughter. Is this a fair likeness of his daughter, Mabel Oakes. Oakes responded that it was.

When asked if Mr. Oakes knew his daughter's weight, Oakes replied, "Not exactly. I suppose a hundred and thirty-five (135) or a hundred and forty (140). I don't know exactly. She was apparently a healthy vigorous girl as far as I know."

Mr. Tincher then offered the photograph of the deceased, Mabel Oakes, in evidence. 

Mr. Swindall objected to as incompetent, irrelevant and immaterial to any issue in this case.

Mr. Pruiett stated, "If they object to it we will not insist on it. We think though that in view of the fact -- we think anything would go to show the appearance of this girl. If this was a likeness taken within close proximity of her death it would be competent. We will not want to insist on it however."

Mr. Tincher stated, "We withdraw the offer in view of the objections made by counsel for the defense."

Mr. Pruiett responded, "We would not want it to go in except by agreement of counsel."

The Court stated that the objections will be sustained. 

Mr. Tincher then resumed his questioning of Mr. Oakes,"Mr. Oakes, have you previous to your daughter's death had any conversation with this defendant with reference of the relations between her and Mr. Miller?"

Oakes responded, "Yes sir. Well, the time, I don't know as I can give it definitely. It would be, I would judge in September, between the first of September and the middle, 1910, that I talked to Mr. Miller, and I told him that I believed there was something wrong and I wanted the girl to quit working for him and he persisted that there was nothing wrong. He said there wasn't, he knew there wasn't and he didn't want her to quit at all and he said then that at some time he and Mabel intended to get married and that he wanted her to continue working there."

Oakes continues on with his testimony, "Well that was about all I remember of at that time." 

When asked by Mr. Tincher, "Did you at that time know of or did Mr. Miller say anything about the relations between him and his wife?"

Oakes partly responded before interrupted by Mr. Swindall, "Yes sir, he told me either on the same day, but I wouldn't swear it was at that immediate time that he told me this or a few days afterwards, I will not say for sure. He told me that he and his wife had separated and that he was going to get a divorce and I told him that I objected to him and Mabel going together or anything of the kind until he got that divorce from his wife."

When George Oakes was asked by Mr. Tincher if at the time of that conversation, did he know anything about the condition of his daughter with reference to being pregnant, Oakes replied, "No sir, I didn't know it. I suspicioned it."

Cross-Examination by Mr. Wilson...

Mr. Wilson begin his questioning of Mr. Oakes with, "You remember distinctly about what time you left your home on the morning of November 9th, last, do you, Mr. Oakes?"

Mr. Oakes replied, "On the morning of the 9th of November, last, 1910, it was anywhere from a quarter to nine to nine o'clock."

Mr. Oakes went on to state that he had left his daughter at home when he had gone downtown. He first observed when Mabel was gone when he went home for dinner at a little after noon (12:00p.m.)

Mr. Wilson went back over some of Oakes earlier testimony about Oakes going back uptown about an hour or so, about one o'clock, on 9th of November 1910. Wilson asked, "Now where did you first go?"

Mr. Oakes replied, "I came directly past Mr. Miller's office." Oakes stated, "It wasn't a minute. I just opened the door and looked in there and closed it again."

Oakes testified that the door of the office was unlocked. Mr. Oakes just opened it. Oakes did not look into the old opera house. He didn't enter Miller's office. He just opened the door of the office and looked in for a short few seconds to see if Mabel was in there and then closed the door again.

Mr. Wilson asked Mr. Oakes, "Why didn't you make a more extended search?"

Mr. Oakes replied, "Because she wasn't in the office nor Miller wasn't either." When asked if Oakes had looked at the other room back of Miller's office, he replied that he did not. "Not at that time." Oakes testifies.

Mr. Oakes response to where he went afterwards was, "I went right down the street west. I went down a little past Crouch's restaurant. A couple of doors in the next block west (500 block of Barnes Avenue)."

After leaving Mr. Miller's office, Oakes went west to Crouch's restaurant which is in the west block on, west corner, on the south side. 

Mr. Oakes also testified, "I passed the door (of Crouch's restaurant) and there was two or three men from out west somewhere, I absolutely don't know their names, They were talking over the reports of the election, and I stopped a little bit, for a minute. I had just stopped, I won't say a minute, I don't know how long it was -- just approximately a few seconds. Then I went on down west to the corner of the square. And turned north and went up to Jackson's cigar store where they had a bulletin board. I stayed there for about five or ten minutes. Then I headed north to the corner of the square over by the First National Bank and turned east. I walked up to the Republican headquarters on the east block north side, but in the west building on that block, upstairs."

When asked to recall how long did he stay up there, Oakes replied, "Well sir, I couldn't say. I don't remember. I didn't look at my watch. It was anywhere's from an hour and a quarter to an hour and a half." He couldn't say exactly. He was there talking, everybody was there taking an interest in the election.

Mr Oakes made no effort during that time to find Mabel Oakes. He was in the Republican headquarters. He didn't make any inquiry in there. He didn't make any other effort to find out or ascertain where she was -- although, he had started from home and had gone down to the front of Miller's office just a short time after one o'clock, and went that way in order to ascertain where Mabel was, yet he stayed there at the Republican headquarters for an hour and a quarter or an hour and a half and made no effort to ascertain her whereabouts, after he left Miller's office. He stated that he was up there listening to the returns during that time.

Oakes stated in testimony that when he came down out of the Republican headquarters he went east to the corner of the square and went south to the livery barn. He did not stop in there. He just passed there. A little past there was when Mr. Miller called for Mr. Oakes. Mr. Miller called Oakes, and Miller was standing over in front of his office.

Oakes testified that, "Well, he hollered at me, he said "Hey, George,' and I made a little nod, that I heard him and went back to talking to the man that was with me."

Oakes didn't come until Miller had called him the second time. 

Mr. Wilson for the defense goes into this thing about Oakes had been out seeking the whereabouts of Mabel -- and he knew that she might be at Miller's office -- She might have returned to Miller's office -- And Oakes had so little interest in the matter that he had to be called the second time before he went over to Miller's office the second time Miller called to him.

Oakes responded, "He called to me the second time, and told me to come quick, and I went to him. Miller was standing out in front of his office when I started over, on the sidewalk." Oakes could not recall whether Miller came out of his office or not.

Oakes testified that, "I had been talking with Barnhouse as long as it would take me to come from the Republican headquarters down to there. We walked along talking." At the time that Miller hollered to Oakes he testified that they were walking toward the blacksmith shop, going straight south. When Miller hollered the second time, Oakes crossed over there to Miller's office. 

Mr. Oakes testified that the first thing Miller said, "Well -- he stated about Mabel being dead. Well, sir, the first that I remember of -- he said that Mabel was dead. We were in the office."

Mr. Wilson asked Oakes, "Do you want the jury to understand from your testimony awhile ago that he was trying to conceal the fact from you and trying to prevent you from going back there where the corpse remained?"

Mr. Pruiett jumped in with, "Objected to as improper, as to what this witness wants the jury to understand what Miller did, as conclusive."

The Court sustained. to which ruling of the court the defendant then and there duly excepted at the time.

Mr. Wilson then begins to ask the question, "Then did you mean to say that Miller was trying to conceal from you the fact of the whereabouts of Mabel Oakes, did you want to be understood that way?"

Mr. Wilson responds, "Withdrawn."

Mr. Wilson then asks, "Do you want to be understood as saying that Miller in any way obstructed you from going back where the girl was lying dead?

Mr. Oakes replied, " He obstructed me this much. He wanted me to wait and talk it over."

Mr. Wilson asks, "Isn't it a fact that after you had seen the corpse of Mabel that Mr. Miller suggested that you talk the matter over, instead of before?"

Oakes replied, "He wanted to talk it over both before and after." 

Mr. Wilson then asks, "Are you sure now, that he did before?"

Oakes replied, "Yes sir. After that Miller went in front of me and led me to it and showed me where the corpse was." 

Oakes testified that he took Mabel's hand, but did not place it upon her breast. "I put my hands under there and felt for her pulse. I might have lifted her hand a little but not away from her breast at all." Mr. Oakes testified that he did not fold her hands across her chest.

Wilson stated in questioning, "Now Mr. Miller suggested that you phone to the officers as to what had taken place, didn't he? And he went to the phone?"

Mr. Oakes stated, "I suggested that he do the phoning."

Mr. Wilson stated, "And he went to the phone himself and started to call up the sheriff's office?"

Oakes replied, "I don't know what he started to do. He rang the phone."

Mr. Wilson then asked, "And he couldn't get them, don't you know what number he called for?"

Oakes responded, "No sir."

Mr. Wilson asked, "Well you considered that he called up the officers over the phone didn't you?"

Oakes' response, "No sir."

Mr. Wilson, "You waited while he did do so didn't you?"

Oakes stated, "I waited while he tried. He said he tried."

"Now you heard him ring didn't you? And he called for a number?" asked Mr. Wilson.

Mr. Oakes replied, "Yes sir, I heard him ring. I can not say if he called for a number."

Mr. Wilson then asked, "Now did he -- if he had done such an unusual a thing as to ring and not call for a number you would have observed it wouldn't you?"

Mr. Oakes stated, "I believe I would, but I will not say that he did."

Mr. Wilson started the questioning concerning the clothing of Mabel Oakes, "Now you say that Mabel's clothes were on straight as far as you noticed? No evidence of a struggle at all? Didn't you testify at the coroner's inquest held at Alva that the dust on the floor there was not disturbed? It is a fact, however, that that is true, that the dust had not been disturbed?"

Mr. Oakes testified, "Yes sir. There was no evidence of kicking and struggling." But Oakes answered no to testifying at Alva coroner's inquest about the dust not disturbed. "Mabel was just laying on a carpet. I didn't examine it."

As to Mabel's sinking spells... Mr. Oakes testified that his daughter was apparently healthy as far as he knew. He did not know that his daughter had sinking spells. He wasn't with her all the time. Yes! He did hear of her sinking spells. Oakes testified that he did not know of the time, but one Sunday morning in his own house that he and Mr. Miller brought Mabel to after she had one of those sinking spells or fainting spells.

When asked by Mr. Wilson, "Don't you remember anything about that?" 

Oakes responded, "I remember something. I was up town. Mr. Miller came to me. The only man that ever did come to me and claim that she had sinking spells and he said she was down home and had a sinking spell and we went up there and she lay there and looked conscious to me and she made stir. She looked conscious to me yet she didn't stir and I never believed that she did have sinking spells. She came to all right. She certainly never took one of those spells where I was."

Mr. Wilson added, "You mean to be understood that Miller hunted you up downtown and took you back to your residence and you saw Mabel in this condition?"

Mr. Oakes stated, "I saw her laying there, yes sir. I don't know as he hunted me, he came and told me. It occurs to me it was somewhere near the office. By the office somewhere. He said he got a phone message. I went from near Miller's office to the house and found her laying on a palette. It a little less than four blocks from the southeast corner of the square to my house. The residence lots are a hundred and fifty feet by fifty. The blocks are four hundred feet long. Eight, fifty foot lots. "

Mr. Wilson then asked, "Then you would have to walk about eighteen hundred feet or something over a third of a mile after he told you before you got to your home, wouldn't you?"

Mr. Oakes, testified, "No sir. He drove down in his buggy. She was still in that condition when we got there. I think it was in September, 1910, I believe that is when it was. Sunday."

Mr. Wilson then asked about a conversation Oakes had with Miller with reference to his family -- marrying Mabel Oakes. "And you told him before anything of that kind was consummated with your daughter, that you desired him to get a divorce from his wife, didn't you?"

Mr. Oakes replied, "No sir, I didn't tell him that I desired it, I told him he would have to."

Mr. Wilson asked, "Then you were willing that a man past fifty years old, that your daughter should enter into an engagement of that kind, with a man with a large family, and thirty years older than herself, you were willing to see your daughter do that were you?" 

Oakes stated, "I never said I was."

Mr. Wilson reminded Oakes about earlier testimony, "You said that if he would get a divorce he might go with your daughter, didn't you? Didn't you say that while ago on direct examination that if he did marry her or got with her that he had to get a divorce from his wife?" 

Oakes testified, "No sir. Before I would submit to it. I said she was of age. I remonstrated at their going at all but said I would submit to it."

Mr. Wilson continued the questioning with, "When was it you told Miller that you thought there was something the matter with Mabel?"

Oakes testified, "That was about the first or second or third of -- well, I told him that two or three different times, do you want the first time?"

Mr. Wilson wanted to know, "This conversation in the office, that is what I want to know about?"

Oakes stated, "That was in September. Mabel was present one time and another time she was not."

Mr. Wilson then asked, "And when Mabel was present you mentioned the matter about something being wrong with them didn't you?"

Mr. Oakes said, "Yes sir."

Mr. Wilson, "And she told you there in the presence of Miller that there never had been anything wrong conducted between them didn't she, Oakes?"

Mr. Oakes stated, "Not to my knowledge."

Mr. Wilson, "What was it she said?"

Mr. Oakes, "I am trying to think."

Mr. Wilson, "Why do you hesitate Oakes?"

Mr. Oakes replied, "Why I am trying to call it to my memory. It has been quite a while."

Mr. Wilson asked then, "Does a matter so vitally concerning your own family and your home escape your memory that easily?"

Mr. Pruiett jumps in about there and, "Objected to as argumentive."

The Court Overruled. To which ruling of the court the State then and there duly excepted at the time.

Mr. Oakes answers, "Well it doesn't escape my recollection altogether but a good many of them do in so long a time. It has not quite been a year." 

Mr. Wilson made the statement, "And you have been making active preparations to prosecute Miller ever since."

Oakes responded, "No sir, not constantly."

Mr. Wilson asked then, "You were so interested that you employed outside counsel to assist you in the prosecution were you not?"

Mr. Wilson then asks Oakes, "Now Mr. Oakes do you remember of your wife being sick last Fall some time, quite sick, last Fall or Winter that is within the last few months?" 

Mr. Oakes responded, "I remember her having typhoid fever this Summer, not last Winter."

Mr. Wilson continues, "Well this summer, didn't she say to you on that occasion. 'George, I know that you killed Mabel and if you will confess it I will have no less respect for you than I do now.' Didn't she say that to you in substance?"

Mr. Oakes answered, "No sir. Not concerning Mabel, there was no conversation of the kind."

>Mr. Wilson goes on, "Isn't it a fact that after you suspected that Mabel was pregnant that you said that you intended to kill her if she didn't get rid of the child?"

Mr. Oakes testified, "No sir, I never did."

Mr. Wilson then asks, "State whether or not you ever shot at Mabel?"

Mr. Oakes answered, "No sir, I didn't."

Mr. Wilson then asks, "State whether or if you ever shot at Mabel through the door, or partitions or walls of that office?"

Mr. Oakes replied, "No sir. I never did."

Mr. Wilson then asks Oakes, "Now Mr. Oakes I will give you to refresh your memory, and state whether Mabel did not say in the the presence of you and Miller at Miller's office that Miller was not responsible for her condition?"

Mr. Oakes stated, "She did not. No sir."

Mr. Wilson asks, "Well now why is it you could not remember that while ago?"

Mr. Oakes replied, "N. L. Miller here said that in the presence of Mabel. She never opened her mouth."

Mr. Wilson asks, "Why is it you can remember that now and couldn't remember it while ago?" 

Mr. Oakes testified, "You never asked me that while ago."

Mr. Wilson stated, "I asked you that direct question, Mr. Oakes."

Mr. Tincher jumps in here, "We submit that is unfair. Because he didn't make that statement, he was not asking that question."

Mr. Wilson asks, "I will ask you if you didn't make that statement awhile ago that you couldn't remember that because you had so much to remember. I will ask you if you didn't make that statement?" 

Mr. Oakes says, "You asked me why I couldn't remember it."

Mr. Wilson asked the clerk to read the question to Oakes.

The Court states, "Gentlemen go right ahead with the examination, there is no trouble."

Mr. Wilson read the question.

Mr. Pruiett states, "The point we wish to make is that the gentleman assumes a condition that does not exist. Because such a statement was never asked him and I appeal to the record to show that that statement was not asked the witness."

The Court, "It is unnecessary to read the record. He may proceed to inquire and obtain what he desires from the witness."

To which the defendant then and there duly excepted at the time.

Mr. Wilson asks the witness, "I will now ask you if I didn't ask you while ago that if Mabel didn't state in Miller's office that there had never been anything wrong between you and Mable, do you remember me asking you that question?"

Mr. Oakes asks, "Between who and Mabel?"

Mr. Wilson is corrected, "Between Miller and Mabel, is what I mean."

Mr. Oakes states, "I don't remember of her ever saying that there had never been anything wrong between them and I don't remember ever hearing it in his office."

Mr. Wilson finishing his cross-examination says, "That is all."

Re-Direct Examination by Mr. Tincher...

Mr. Tincher asks the witness, "Mr. Oakes, who said anything about Miller's getting a divorce from his wife?"

Mr. Oakes states, "N. L. Miller."

Mr. Tincher then asks, "Did you ever suggest to him that he get a divorce?"

Mr. Oakes replied, "No sir."

>Mr. Tincher then asks, "There has been something said about Mabel fainting and Miller coming with reports that she fainted, when was that with reference to the time of her death?"

Mr. Oakes states, "Well it was about a month and a half before her death."

Mr. Tincher asks, "Then the proposition about his getting a divorce from his wife came entirely from Miller did it?"

Mr. Swindall jumps in with, "Objected to as leading and suggestive and repetition."

The Court, "Sustained."

Mr. Tincher asks next, "Who was the first to mention the matter of his getting a divorce?" 

Mr. Swindall Objected to as unnecessary repetition and suggestion."

The Court Overruled. To which ruling of the court the defendant then and there duly excepted at the time.

Mr. Oakes answers, "N. L. Miller."

Mr. Tincher asks, "At the time that Miller, as you say suggested the proposition of getting a divorce from his wife and marrying Mabel, was that at the time that you suspicioned that there was something wrong with your daughter?"

Mr. Swindall Objected to as leading.

The Court Overruled. To which ruling of the court the defendant then and there duly excepted at the time.

Mr. Oakes answers, "No sir. I had suspicioned it before that."

Mr. Oakes was handed a scarf and ask to examine it and state whether or not if he was able to state whether or not that is the scarf that Mabel had. Mr. Oakes stated in court, "That is Mabel's scarf." He confirmed that is the scarf that she had on at the time of her death?"

The scarf was then marked Exhibit "C."

Mr. Tincher finishes his Re-Direct.

Re-Cross Examination by Mr. Wilson...

Mr. Wilson enters his Re-Cross of Oakes with, "Mr. Oakes, this being north and along on that corner here is the veterinary surgeons office?"

>Mr. Oakes replies, "Yes sir."

Mr. Wilson then asks, "It extends to back about there does it not, about half way of the lot, or not so much as half way?"

Mr. Oakes replies, "I couldn't say."

Mr. Wilson asks then, "Now Mr. Oakes, some time during the afternoon, well from one to three o'clock, didn't you come out and go in the direction of this opera house and right around back there to that alley and go north?"

Mr. Oakes replies, "I might have, what date?"

Mr. Wilson mentions, "The 9th day of November 1910."

Oakes replies, "No sir."

Mr. Wilson asks Oakes if he is sure about that?

Oakes says, "Yes sir."

Mr. Wilson asks Oakes if he didn't go down this alley at all that afternoon? 

Mr. Oakes replied, "No sir, I didn't."

Mr. Wilson then asks Oakes, "Were you excited with the people in general over the close returns of the election?"

Mr. Oakes states, "No sir, Not excited."

Mr. Wilson then states, "Well the people were excited over the close returns of the election."

Mr. Wilson asks, "And you might have done some things that you don't remember distinctly, now being excited at the time?"

Mr. Oakes replied, "I think not. I never was out of my head that I know of."

Mr. Wilson asks, "And you spoke about Mr. Miller being excited and nervous, isn't it a fact that Mr. Miller had taken a very active part in that campaign? He became very active for some of the candidates, didn't he?" 

Mr. Oakes replies, "Not that I know of, to say an active part. He never talked to me about the candidates."

Mr. Wilson then ends his Re-Cross examination with the following question, "You don't know that his activity brought on this prosecution do you?"

Mr. Oakes replies, "No sir."

Mr.Wilson & Mr. Tincher states, "That is all."

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