Volume 2 , Issue 2

Old Opera House Mystery The Coroner's Inquest - November 10, 1910

Woods County Case #612 Filings
The last we left you in suspense with Nelson Miller was sitting on the old stage of the Old Opera House while the sheriff and justices were investigating and gathering people off the street for an Inquest, November 9, 1910, for the death of our young victim Mabel Oakes (23 years, single woman) who was found allegedly strangled to death in the back of the Old Opera House, Alva, Oklahoma.

Warrant Filing - 9 Nov., 1910 - State of Oklahoma, County of Woods: ìWhereas, 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. Received, Executed on the 11 November 1910.

Information Filing, 10th day of Nov., 1910, 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. Signed and dated November 10, 1910 by George W. Oakes, in front of the clerk of the county court, 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."

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.

Three local doctors, G. N. Bilby, O. E. Templin and Elizabeth Grantham, were called in to do an autopsy. 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 (foreman), R. B. Dugan, C. R. Moore, W. M. Goebel. The Coroner's Inquest was adjourned November 9, 1910 until November 10, 1910 to hear the doctor's report. The jury adjourned until nine o'clock, Thursday morning, November 10, 1910, to await the report of the physicians.

During the autopsy the doctors examining the deceased lifeless body stated, "Rigor mortis had not set in when examined. The body was not stiff. Mabel's lungs were not normal but were very black."

Several of the doctors also stated, "This young, innocent, defiled, beautiful young lady was robust and had a perfectly normal heart, but others stated that the right heart had filled with blood of a dark color. The deceased was also found to be 4 to 5 months pregnant."

Dr. Bilby delivered the stomach purporting to be the stomach of the deceased (Mabel Oakes) to Dr. Edwin DeBarr (head chemist of the State University) so he could make an analysis of the stomach. Dr. Barr reported that the purported stomach of the deceased contained an ecchymotic condition (ecchymosis - escape of blood into the tissues from ruptured blood vessels).

Dr. Barr also detected an odor of whiskey in the stomach. There was also morphine, strychnine found in the stomach but not sufficient to produce death. The inner coating of the stomach was congested with little spots where blood had collected.

The doctors testified that the organs were all in normal condition. Dr. Templin said that the heart was in the best condition of any that he had ever examined. Their testimony was unanimous upon the fact that the stomach was practically empty, and this organ showed no signs of any drug having been taken that would either aid in an abortion, or assist in an attempt at suicide, and the testimony of these physicians removed any and all suspicion that any attempt at suicide had been made.

The three physicians appointed by Judge Lawhon to do the autopsy all agreed that the heart and other internal organs were in perfectly healthy condition and Mable Oakes would have been a mother in the course of four or five months if she had lived. No other evidence of violence was produced other than the scarf that could have caused the death of Miss Oakes.

The three doctors came to the same conclusion: The death resulted from strangulation, caused by the silk scarf being drawn so tightly about the neck that suffocation followed; the victim could not have caused her own death and placed her hands across her breast as the body was found; Another person or persons had evidently caused the death of Mabel Oakes.

November 10, 1910, Thursday morning - The morning of the Coroner's Inquest, the district court room was crowded the morning of 10 November 1910, Thursday, with the shocked citizens of the city ( Alva , Oklahoma ) and vicinity. Every one was hoping that something would arise to show that no murder had been committed in their little community.

Justice of Peace Isaac B. Lawhon began holding the inquest in the crowded district court room. The only spectators not allowed were the students of Northwestern Normal School , because President Grant B. Grumbine decided that the young people should be protected from the unmoral circumstances of Miss Oakes death.

County Attorney Claud McCrory conducted the inquiry and examined the witnesses.

George W. Oakes, the father of the victim, testified for about an hour before Judge Lawhon adjourned the inquest until one o'clock p.m. This was practically the testimony up to the hour at which the coroner's jury adjourned for dinner.

Mr. Oakes' testified that his daughter (Mabel Oakes) had been in the employ of Miller for some time, and that in the months that had gone by he had kept careful note of her condition. That she had up to a certain time showed that the female functions were performing their usual duties, and that he discovered the date in which they stopped.

Mr. Oakes testified that further noting the appearance of Mabel's neck, Oakes and his wife commenced an investigation, charging their daughter with her condition, but found that she strenuously denied that there was anything wrong. He then went to Nelson Miller, and the latter also denied that he was responsible for Mabel's condition.

However, while Miller attempted to put the father off by saying that he had a gun that would shoot as straight and as often as any that could be found, he also called the father in one day and said that he intended to procure a divorce, and that he and Mabel would soon be married.

Mr. Oakes further testified he was out on a search for his daughter after lunch, November 9, 1910, with his first stop at Miller's office around 1:00 p.m. Mr. Oakes also testified that he opened the front door of Miller's office and stuck his head inside, but no one seemed to be there. Mr. Oakes did not check the other rooms of the Old Opera House.

Later that afternoon around 3:00 p.m., Mr. Oakes did find Miller waiving his hand at him, to come to his place, and heard Miller say to hurry up. When Oakes arrived Miller took him into the room where the dead body of Miss Oakes lay. Mr. Oakes also noticed that Miller was under the influence of liquor.

Mr. Oakes testimony was the most damaging testimony introduced, outside of the evidence of the physicians, as it showed that Miller practically confessed that there were reasons why he should marry the girl.

After the Adjournment the court was called and the jury retired. Thirty minutes later the jury returned the following verdict for the State of Oklahoma , County of Woods :

"Before I. B. Lawhon, Justice of the Peace of the City of Alva, Woods County, Oklahoma, acting coroner: We, the jury impaneled, charged and sworn to inquire into the cause of death of Mabel Oakes, do upon our oaths find that the said Mabel Oakes is dead, that she came to her death on the 9th day of November, 1910, in Woods County, Oklahoma, and that said death was caused by violence, to-wit: By strangulation, with a scarf in the hands of another person with intent to kill and murder the said Mabel Oakes, and from the evidence before us, we believe said person to be N. L. Miller. Jurors: Geo. W. Crowell, Foreman; J.T. Herold; C.R. Moore; T.B. Roby; Wm. Goebel; Russell Dugan.

Justice N. L. Miller was ordered held in jail without bail for his safety and for the Preliminary hearing scheduled for December 1, 1910, in the Woods County District Court.

Between November 10 and December 1, 1910, community outcries and newspaper articles filled the Woods County citizens' daily lives. Some local newspapers reported that the verdict was generally approved as a ìbrave and honest verdictî in ìaccordance with the evidence produced.î

Other local newspapers reported, ìThe previous reputation of the accused will not help to weaken the verdict. The sympathy of the entire community is with his estimable family, which is in nowise responsible for this crime for which the husband and father stands charged by a jury of his fellow citizens.î

Older citizens consensus was, ìThat for seventeen years, notwithstanding that we were living in a new country, filled with pioneers, and from which could not be kept a certain element that follows the boundaries of pioneer settlements, that no murder had ever disgraced the annals of our city, and each and every one hoped that this would not prove to be the first.î

C. O. Green Testimony... Mr. Green testified to having seen Justice N. L. Miller enter his office between noon and one o'clock on the day on which Mabel Oakes' body was found in the Old Opera House adjoining Miller's office.

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