The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1876-12-07
THE VALUE OF AN OATH.
BY JUDGE CLARK.

condemned him, aud there was but little
doubt but that of the jury would go the
same way.
Arthur Berkley, the prisoner, had mar
ried Edith Granger. wealthy heiress,
whose father had died, leaving her his
whole fortune, to the exclusion Of
pro1ignte son whom he had disinherited
and driven from his home.
Mrs. Berkley died within q year after
the marriage, leaving an infant few
weeks old, feeble little creature, re-
quiring constant and assiduous care.
Indeed, DR.. Baldwin almost took up his
quarters in the house. often 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 to bed, feeling solicitous about
his charge, got up and stole softly to the
nursery to see that everything was right.
He found tho door ajar aud dim light
burning within.
As he advanced, he distinctly saw Ar
thur Berkley standing by the table, hold
ing to the chiid's mouth The bottle from
| which it WIS accustomed to receive its
food At the sound of the doctors foot
steps, he quickly put down the bottle,
and steallhily left The apartment by q
side entrance.
Not u little surprised at these move
ments the doctor approached and laid
his hand on the child's face, which be
found in violent convulsions, which were
followed in few seconds by the stiffness
of death.
A post naortcm examination, aud analy-
sis Of the contents of the stomach, placed
it beyond doubt that prussic aid had
been administered. And an examina-
ton of the bottle that Berkley had left
by it proved that the milk in it contained
large quantity Of the same deadly poi
son.
On this evidence Berkley was arrested
and indicted for murder; and there was
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 tie death of its
mother. No wonder a deed so mon-
strous, actuated by motives so mercenary,
should excite the deepest Indignation.
Berkley's previous character had been
good. He bad always appeared gentle
and kind; had been devoted husband
and, during the brief period of its life,
had shown the tenderest attachment to
his child.
In my conference with him, he seemed
overwhelmed with grief, but strenuously
denied all imputations of guilt, asserting
that he had not gone to the nursery that
night until called by the alarm of the
child's death.
Of course, his statement, in the face of
the proofs so damaging, weighed but lit
tie. 1 had no confidence in them myself.
Still, it was professional duty to see
that man on trial for his life, who had
entrusted ne with his cause, had 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. I intcrposed
no obstacles in its coming on speedily.
My aim was not TO thwart the ends of
Justice, but to see it fairly meted out.
DR.. Baldwin WAS the first and chief
witness. He told his story clearly and
methodically; and it was easy TO see it
carried conviction to the jury. My rigid
cross examination only served to bring
out his evidence with more distinctness
of detail. elected the fact, for instance,
that the child's nurse lay in the same
room; that she was asleep when the doc
tor entered, aud that it was to her he first
announced the child's death. ! also ex.
amined fully as to the prisoners acts at
the time the alarm was given, en-
dearoring to show that lie came from
tue direction of his own chamber, APP
pearing to have been just aroused from
sleep. But made nothing of this, the
witness stating that his agitation had dis.
tracted 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 con-
6dence of the prisoner. / interrogated
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."
II have brought the nurse here" he
said /; "but as she was asleep when the
prisoner entered, her evidence is unim-
portant. l thought it my duty to have
her here, however, to afford the other
side an opportunity to call her if they
DESIRE"
Nothing could render the prisoners
case more hopeless than it was already,
while something might come out to his
advantage.
81 will call the Witness" said.
She was q middle.aged woman, of not
unprepossessing appearance. Her agita-
ton was visible; and | noticed that, in
taking the oath, she laid her hand beside
the book and not upon it.
II ask that the witness be sworn with
her hand on the bouk," / said, calling at
tention to the omission.
The Judge SO ordered; and the witness
hand shook violently as she reluctantly
obeyed the direction, aud the oath WIS
administered.
After few preliminary questions as
to the hour of her retiring, her falling
asleep, &c.
"What is the next Thing you remem-
ber?" I asked.
The witness hesitated.
"Answer the question:" said his
Honor.
"I-I heard noise as Of some one
coming into the room," she faltered.
"Did you see any one enter 2"
Another pause.
l repeated the inquiry.
81 did," was the answer.
"What did the person do ?"
The wonan's face grew paler, and it
was with difficulty she found utterance.
"He came to the side of the CRADLE"
she said, with the bottle of milk in his
hand, and put it to the baby's mouth"
The judge and States attorney both
bent forward in eager attention. The
latter, it was evident, had not expected
thiq faut timOnv