The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1876-11-29
MISCELLANY.
THE YALUE OF An oATH.
BY JUDGE CLARK.


1t was an unpopular case to defend. The
crime charged against my client was one of
shocking atrocity, the murder of his own
child. The popular verdict had already con-
demned him, and there was little doubt but
that of the jury would go the same way.
Arthur Berkeley, the prisoner, had married
Edith Granger, wealthy heiress whose faith
or had died, leaving her his whole fortune, to
the exclusion of profligate son whom he had
disinherited and driven from his home
Mrs. Berkeley died within a year after mar
riage, leaving an infant few weeks old, a
feeble little creature, requiring constant and
assidious care. Indeed, Dr. Baldwin almost
took up his quarters in the house, often pass
ing the night there, that he might be at hand
in case of need.
One of these nights, the doctor, as he after
wards stated in his evidence, after retiring to
bed, feeling 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 distinct
ly saw Arthur Berkeley standing by the table,
holding to the child's mouth the bottle from
which it was accustomed to receive ts'food.--
At the sound of the DOCTORS footsteps, he
quickly put down the bottle, and stealthily
left the apartment by side entrance
Not little surprised at these movements,
the doctor approached and laid his hand on
the child's face, which he found in violent
commissions, which were followed, in few
seconds, by the stiffness of death.
A post norton examination, and analysis of
the contents of the stomach, placed it beyond
doubt that prussic acid had been administered.
And an examination Of the bottle, found
where Berkeley had left 1t, 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 was not a dis
senting 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 it's mother. No wonder deed SO mon
strous, actuated by motives 80 mercenary,
should excite the deepest Indignation.
Berkley's previous character had been good.
He had Away appeared gentle and kind had
been devoted husband and, during the
brief period Of its life, had shown the tender
est attachment to his child.
In my conference with him, he seemed ov-
erwhelmed with grief, but strenuously denied
all imputations 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.
OF course, his statements, in the face of
proofs so damaging, weighed but little. had
no confidence in them myself. Still, it was
my professional duty to see that man on tri-
al for his life, who had entrusted me 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, interposed no obstacles
in its coming ON speedily. My aim was not to
thwart the ends of justice, but to see it fair
ly melted 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
jury. My rigid cross examination only served
to bring out his evidence with more distinct
ness of detail. elected the fact, for instance
that the child's nurse lay in the same room
that she was asleep when the doctor entered
and that it was to her he first announced the
childs death. / also examined fully as to the
prisoners acts at the time the alarm was Civ.
en-, endeavoring to show that he came from
the direction of his own chamber, appearing
to have been just aroused from sleep. But
made nothing of this, the witness 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 es.
pecially won the confidence of the prisoner. -
Intercepted him as to his past career, but
brought out nothing to his dscredit.
The evidence of the chemist who made the
analysis was next put in, and the States at
torney "rested"
81 have brought tho nurse here, !" he said,
but as she was sleepy when the prisoner en-
tered, her evidence is unimportant. | thought
1t my duty to have her here, however, to af
ford the other side the opportunity to call her
If they desired"
Nothing could render the prisoners case
more hopeless than it was already, while some.
thing might come out to his advantage.
81 will call the Witness" l said
She was middle-aged woman, of not I'M
prepossessing appearance. Her agitation was
visible and noticed that, in taking the
oath, she laid her hand beside tho book and
not upon it.