The Carbon advocate. [volume] (Lehighton, Pa.) 1872-1924, 1876-11-25
The Value of an Oath.
BY JUDGE CLARK.

Of his own child. The popular verdict
had already condemned him, and there
was little doubt but that of the jury
would 90 the same way.
Arthur BerkIev, the prisoner, had
married Edith Granger, a wealthy heir.
ess whose father had died, leaving her
his VIII Dle fortune, to the exclusion of
pre- figate son whom he had disinherri-
ted and driven from his home.
Mrs Berkley died within a year after
marriage. leaving an infant few weeks
old, feeble little creature, requiring
constant and assiduOus care. Indeed,
DR.. Baldwin almost took up his quarters
In the house, Cften passing the night
there, that he might be at hand in case
Of need.
One Of these nights, the doctor, as he
afterwards stated in his evidence, after
retiring tU bed, feelitg solicitOus about
his little charge, got up and stole softly
to the nursery to see that everything
was right.
He found the door ajar and dim
light burning within. AS he advanced,
he distinctly saw Arthur Berkeley staRd-
ing by the table, holding to the child S
mouth the bottle from which it was &C
customed to receive its fOud. At the
sound of the doctors footsteps, he
quickly put down the bottle, and steal
thily left the apartment by a side enter.
anee.
Not little surprised at these move
ments, the doctor approached and laid
his hand upon the chld's face, which he
found in violent convulsiOns, which
we're followed, in few seconds, by the
stiffness of death.
A post mOrtem examination, and
analysis of the contents of the stomach,
placed 1t beyond doubt that prusSic acid
had been administered. And an exami
nation of the bottle, found where Berk-
ley had left it, proved that the milk in
It contained large quantity of the
same deadly poison.
On this evidence Berkeley was arrested
and indicted for murder and there
VAS not dissenting voice as to his
guilt. An incentive to the crime was
found In the fact that, as heir to his
child, he would inherit the fortune
which had descended to the latter
through the death of its mother. No
wonder deed 40 monstrOus, actuated
by motives so mercenary should excite
the deepest Indignation.
Berkley's previous character had
been good. He had always appeared
gentle and kind had been devoted
husband and, during the brief period
OF his life, had shown the teDderest at
tachment to his child.
In my conference with him, he SEEM
ed overwhelmed with grief, but strenu-
ously denied all iInputatiODs of guilt,
asserting that he had not gone to the
nursery after retiring that night, till
! called by the alarm of the child's death
or course, his statements, in the face
of proofs so damaging, weighed but lit.
tie j had no confidence in them my
self Still, it was my professional duty
to see that man on trial for his life,
who had entrusted me with his cause,
hal every right the law accorded him.
This duty performed, 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 1t fairly meted ont.
DR.. Baldwin was the first and chief
witness. He told his story clearly and
methodcally and 1t was easy to see it
carried conviction to the jury. NY rigid
cross examination only served to bring
out his evidence with more distinctness
| Of detail. ELECTED the fact, for in
stance, that the child's nurse lay in the
same room and she was asleep when
the doctor entered and that it was to
her he first announced the child 8 death {.
l also examined fully as TO the priso-
| ner's acts at the time the alarm was
given, endeavOring to show that he
came from the direction of his own
chamber, appearing to have been just
aroused from sleep. But | made moth
ing OF this, the wtL ess stating that his
agitation had distracted his attention
from these points.
The doctor had only recently settled
among US, but his conduct had been so
exemplary that he had made many
friends. He had especially won the
confidence of the prisoner. / interro-
gated him as to his past career, but
brought out nothing to his discredit.
The evidence of the chemist who
MADE the analysis was next put in, and
the States attorney rested"
+" have brought the nurse here," he
said, but as she was asleep when the
prisoner entered, her evidence is unim.
pOTtant. / thought it my duty to have
her here, however, to afford the other
side the opportunity to call her if they
desire"
Nothing could render the prisoners
case more no eless than 1t was already,
while something might come out to his
advantage.
" will call the Witness" said.
She was a mid6le-aged woman, Of
not unprepOssessing appearance. Her
agitation was visible and | noticed
that, in taking the oath, she laid her
hand besides the book and not upon it.
4" ask that the witness be sworn
with her hand on the book" l said call
ing attention to the Omi issiOn.
The judge so ordered aud the wit
ness's hand shook violently as she reluc-
family Obeyed the direction, and the
oath was re-admlnlstered,