* * John Cox Testimony - 1959 * *

Court case to prove relationship to Miss Ada Miller, Deceased 1940. Complainants Emory Dallas Miller and Benjamin A. Leach vs. Defendant Dr I. P. Carr, Nephew of Deceased.

Reprinted from Roy Whitehead May 2001

John Cox, being first duly sworn, testified as follows:
DIRECT EXAMINATION

BY MR. HALE:
Q. State your name.
A. John Cox - J. R. or John.
Q. Where do you live, Mr. Cox?
A. A little southwest of Jonesboro, out No. 39 six miles.
Q. How long have you lived there?
A. Right at the same place since '07 - moved there in the fall of '06 - been there since '07 on Route 3.
Q. You say you moved there just before Christmas in '06, is that right?
A. That is right.
Q. Now, I ask you whether or not you knew Jim and Susanna Waldo?
A. I did.
Q. Where did they live in relation to your place of residence?
A. Well, they lived there in a quarter of a mile for a couple of years and I knowed them before that.
Q. Do you know whether or not they had any children?
A. I don't know about them - I don't believe they did.
Q. Do you know whether or not Carolina Susanna Waldo had any children by a former marriage or not?
A. I do.
Q. Who were they, if you know?
A. Well, one of them was Mrs. Leach, Donna Leach, and one of them was Bud Miller.
Q. Was Bud one and the same as Lonzo - was Lonzo his real name, or do you know?
A. I don't know.
Q. Did she have any more children that you knew?
A. Well, I don't remember whether she did or not.
Q. Did you ever have any conversation with Carolina Susanna Waldo in reference to her former marriage?
A. I did.
Q. Did she tell you who she was married to before?
A. She was married to a Miller.
Q. Do you know what his first name was?
A. I don't remember just what it was.
Q. Do you know where she was living?
A. I don't know - not when she lived with her other husband.
Q. Did you ever hear her say?
A. She come from Mississippi.
Q. Do you know wherebouts in Mississippi?
A. No, I disremember.
Q. Did she ever speak to you of her former husband?
A. Yes, sir.
Q. What did she say?
A. Well, he was a Miller.

MR. MAULDIN: We would like to object on the ground of hearsay. Let the record show.

Q. Now, do you recall a time back in early 1900 when some of her family came over to her home in Arkansas?
A. Yes, sir.
Q. Tell us what happened.
A. Well, they come to Mr. Leach's house, had a get-together there, with Mrs. Waldo and her husband.
Q. And who else was there?
A. Her brother-in-law was there and their family and probably two families - it was Mrs. Waldo's brother-in-law.
Q. Mrs. Waldo's brother-in-law?
A. That is what he was introduced, as her brother-in-law.
Q. What are their names, do you remember that?
A. I believe his name was Howard Miller.
Q. How long did he stay there, do you recall?
A. I think just one day, the best I remember.
Q. Did they discuss with you the reason for being there?
A. No, not at the time - they did not. Mr. Leach told me they was on a real estate or land deal of some kind with Mrs. Waldo. She was there.
Q. You say they were there on al real estate deal with Mrs. Waldo?
A. They was there and that come up- that was their business, was my understanding.
Q. And did you talk to them yourself?
A. No, but I heard the conversation then and Mr. Leach and his wife and Mrs. Waldo was there, too.
Q. In reference to Mr. Leach, who do you mean?
A. I mean he married Mrs. Waldo's daughter, Donna Leach. She was a Miller was my understanding, Mrs. Waldo's daughter.
Q. Now, for the record, Donna Leach was formerly Donna Miller, is that right?
A. That is right, the way I understood.
Q. And you were present when her husband and Howard were discussing this real estate deal?
A. Mrs. Waldo's husband, yes, sir.
Q. Do you recall what the real estate deal was?
A. The best I understood and remember, they had some real estate in Arkansas and some in Mississippi and were trying to trade out some way on this land deal.
Q. Did Mr. Waldo ever tell you what her first husband's first name was?
A. Well, he was a Miller but I disremember about his first name.
Q. How was Howard Miller introduced to you?
A. Well, he was introduced as Mrs. Waldo's brother-in-law, the brother of her first husband.
Q. Do you know what kind of work he was in?
A. The best I remember, he was a doctor, introduced as Dr. Howard Miller.

CROSS EXAMINATION
BY MR. MAULDIN:
Q. How old a man are you, Mr. Cox.
A. Well, right at seventy-seven, lacking a few days.
Q. Do you know when it was you say Dr. Howard Miller came over?
A. It was around 1906.
Q. All you know about it is there was some land transaction between them?
A. That is right.
Q. Where was Dr. Miller from?
A. Well, I think he was from Mississippi.
Q. What town in Mississippi?
A. I don't remember.
Q. Don't you remember his being from Pontotoc?
A. How was that?
Q. Was he from Pontotoc?
A. I don't know.
Q. How was he dressed?
A. Pretty neatly dressed.
Q. Was there anything about him that indicated he was a medical doctor?
A. Well, I don't know there was. He was just introduced to me as Howard Miller, Dr. Howard Miller.
Q. You don't know whether he was a medical doctor or not, do you?
A. No, I don't.
Q. Was it in the fall of the year, spring winter or summer?
A. Spring, best I remember.
Q. Did you have any conversation with Dr. Miller yourself?
A. Not in particular, we were just talking and all outside, on some benches.
Q. Where did the conversation take place?
A. Andrew Leach's.
Q. Where did he live?
A. Southwest of Jonesboro, on my grandfather's place - that is when Mr. Leach lived at the time.
Q. I believe you stated your age but am asking again, what is your age?
A. Seventy-six - I'll be seventy-seven the seventeenth day of this month if I live to see it. You can put down whatever you want to.
Q. Was anybody else with Dr. Miller?
A. His family - his wife was there and it seems to me four or five of them was there.
Q. How was he traveling?
A. He was out there in what we used to class a surrey, a two-horse hack from Jonesboro, the best I remember. They had so many livery stables then.
Q. When he left here do you know where he went to?
A. No, I do not.
Q. You don't know whether he was a doctor or not?
A. I couldn't say.
Q. And if he was a doctor, you don't know what kind of doctor he was?
A. No.
Q. Or where he was from?
A. Mississippi, yes, sir.
Q. Did he make the deal?
A. I don't know about that.
Q. Did you hear him make any kind of offer?
A. No, I did not.
Q. One more question - what size man was Dr. Miller?
A. Well, he was small-like man, kind of bony, not too fleshy.
Q. Would you say about five foot five or six or so?
A. Something like that yes.
Q. About what age man was he then, in your opinion?
A. In my opinion, he must have been around fifty-five or sixty years old, the best I remember.
Q. Did he introduce his wife?
A. His wife?
Q. Yes.
A. No, sir.
Q. Was he bald-headed or have hair on his head?
A. The best I remember, his hair was pretty thin.
Q. Do you remember anything about his facial description, the color of eyes or shape of face or any mark of identification?
A. The best I remember, he had blue eyes or light gray eyes.
Q. Can you tell the color of his hair?
A. I just don't remember - couldn't say - dark, might have been some gray - I do not remember about that.
Q. Was he dark complected or light?
A. Reasonably light - not dark - reasonably light complected.
Q. How long were you with him or around him?
A. A couple of hours before noon - I was there when they came.

RE-DIRECT EXAMINATION
BY MR. HALE:
Q. I will show you that photograph there - can you tell me who it is?
A. That is his picture. He had on that stiff bosomed shirt and bow tie.
Q. You mean to say that is a picture of the man who was introduced to you as Dr. Howard Miller?
A. That is him.

RE-CROSS EXAMINATION
BY MR. MAULDIN:
Q. Is he clean shaven or have a beard?
A. That is a mustache, I believe.
Q. In this picture you have here, do you know who this woman is in the picture?
A. No, I don't know her.

MR. MAULDIN: Are you introducing this picture in evidence?
MR. HALE: Yes, Will you mare this as Exhibit A.
MR. MAULDIN: Before you introduce that I would like to ask another question or two.

Q. Did you make the picture?
A. No.
Q. Do you know where the picture came from?
A. I do not.
Q. Had you ever seen that picture before today?
A. No, sir, that is the first time I ever seen that picture.
Q. But you believe that was the same man?
A. It fits him for O.K. I would swear that is the picture of this man Miller.
Q. Do you know when the picture was made?
A. I do not.
Q. Or where or anything about it?
A. No, sir.

MR. HALE: I would like to introduce this picture as Exhibit A.
MR. MAULDIN: We object to the introduction of the picture as Exhibit A.

Exhibit A to Testimony of John Cox


End of Deposition

Exhibit A is a Photo of Dr. William Howard Miller
and his wife, Martha Staples (Mattie) Harris

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