The Albany register. [volume] (Albany, Or.) 1868-18??, 1876-12-08
THE VALUE OF An OATH.
by JUDGE CLARK,

IT was an unpopular case to defend
The crime charged against my client
was one of shocking atrocity, the mur-
der of his own child. The popular YER
dict had already condemned him, aud
there was little doubt but that OF the
jury would go the same way.
Arthur Berkley, the prisoner, had
married Edith Granger, wealthy
heiress whose father had died, leaving
her his whole fortune, to the exclusion
of profiigate son whom he had disin-
herited and driven from his home.
Mrs. Bc:kley died within yea: after
marriage, leaving all infant few weeks
| old, feeble little creature, requiring
constant and assiduous care. Indeed
DIR. BALDWIN almost took mp his quar-
ters in the house, often passing the night
there, that he might be at hand III case
of need,
One of these nights, the doctor, as
he afterwards stated III his evidence.
after retiring to bed, feeling solicitous
about his little charge, got up and stole
softly 10 the nursery TO see that every
thing was right.
light burning within. As he advanced,
he distinctly saw Arthur Berkley stand
ing by the tah'e, holding to the ohild's
mouth the bottle from which it was ac-
cuStomed to receive its food AT the
sound of the doctors footsteps. he
quickly put down the bottle, and steal
thily lett the apartment by a side ell
trance.
Not little surprised at these move
ments, the doctor approached and laid
hls hand upon the chlld's face, which
he found III violent commissions, which
were followed, in few seconds, by the
stiffness ct death.
A post Btoftene examination, and an
alysis of the contents of the stomach,
placed it beyond doubt that prussic acid
had been administered. And an ex-
animation of the bottle, found where
Berkley had left it, proved that the
milk in it contained a large quantity of
the same deadly poison.
On this evidence Berkley was arrest
ed and indicted for murder; and there
was not a dissenting voice as to his
guilt. An incentive to the crime was
found in tie fact that, as her to his
child, he would inherit the fortune
which had descended to the latter
through the death of its mother. No
wonder a deed SO monstrous, aetuatcd
by motives so mercenary, should excite
the deepest in lignation.
Berkley's previous character had
been good. lie had always appeared
gentle and kind; bad been a devoted
husband and, during the brief period
of its lie, had shown the tenderest at
tachment to his child.
In my conference with him, lie seem
ed overwhelmed with grief, but strenu-
ously denied all imputations of guilt.
asserting that be had not gone to the
nursery after retiring that night, till
called by the alarm Of the child's death.
OF course, his sentiments, in the face
of proofs SO damaging, weighed but lit
tie. had no confidence III them myself
Still, it was my professional duty to sec
that man on trial for his life, who had
entrusted me with his cause, had every
right the law accorded him. This duty
my conscience would be
clear whatever the result.
1t would be tedious to dwell on the
steps preceding the trial. ] interposed
no obstacles in its coming on speedily. |
My aim was not TO thwart the ends OF
Justice, but to see it fairly meted out.
DIR. Baldwin was the first and chief |
witness. Ile told his story clearly and |
and it was easy to see it
carried conviction to the jury. My |
rigid cross-examination only served to |
bring out his evidence with much more
listinctness of detail. elieited the
act, for instance, that the child's nurse
lay in the same room that she was
asleep when the doctor entered, and
hat it was to her he first announced
he child's death. l also examined
ully as to the prisoners acts at the
lime the alarm was given, endeavoring
% show that he came from the direction
# bis own chamber, appearing to have
oeen Just aroused from sleep. But L.
made nothing of this, the witness stat
ng that his agitation had distracted
lis attention from these points.
The doctor had only recently settled
.moDg us, but his conduct had been so
that he had made many
riends. He had especially won the
onfidence of the prisoner. / interro-
,ated him as to his past career, but
'rought out nothing to his discredit.
The evidence of the chemist who had
made the analysis was next put in, and
be States attorney ssrested.i
q have brought the nurse hege,'' he
aid. sbut as she was asleep when the
risouer entered, her evidence is unim-
ortant. l thought it my duty to have
er here, however. TO afford the other