The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1876-12-26
Seleft Stury.
The Value 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 condemned him, and there was
little doubt but that of the jury would
go the same way. q z E4...a
Arthur Berkley, the prisoner, had mar
ried Edith Granger, wealthy heiress
whose father had died, leaving her bis
whole fortune, to the exclusion of q
prohigate sQs whom he had disinheritet
and driven from his home
Mrs. Berklsy died within year after
marriage, leaving an infant a few weeks
old, feeble little creature, requiring
constant and assiduous care. Indeed,
DR. Baldwin almost took up bis quar-.
ters in the house, often passing the night
there, that he might be there in case ol
need. 'aF sesa Iuag e
One of these nights, the doctor, as be
afterwards stated in his evidence, after
retiring to his bed, feeling solicitous
about his little charge, got up and stole
softly to the nursery to see that every
thing was right. sagaa74 X al
He found the door ajar and dim
light burning within. As he advanced,
be distinctly saw Arthur Berkeley stand,
ing by the table, holding to the child's
mouth the bottle from which it was &C.
customed to receive its food. At the
sound OF the doctors footsteps, he
quickly put down the bottle and stealth
lily left the apartment by side entrance
Not little surprised at these move
ments, the doctor approached and laid
his hand upon the childs face, which be
found 10 violent commissions, which were
followed in few seconds by the stiffness
of death. 5sl7u- l.ig Ia totUais
A post mortem examination,and anal
ysis of the contents of the 8 omach, plac
ed it beyond doubt that prussic acid had
been administered. And an examination
of the bottle, found where Berkeley had
left it, proved that the milk in it contain
ed large quantities of the same deadly
poison. l'37k bgo9ac 81 4teluoo f.5
) On this evidence Berkley was arrested
and indicted for murder; and there wa:
not dissenting voice as to his guilt
An incentive to the crime was found il
the fact that, as heir to his child, ht
would inherit the fortune which had de
scended to the latter through the deatl
of its mother No wondar deed 81
monstrous, actuated by motives so mer
cenary, should excite the deepest indig
nation ~ SHHn
Berkley's previous character had bee
good. He had always appeared gentl
and kind had been devoted husband
and, during the hlief period of its life
had shown the tenderest attachment t
bis child. guy a' 4A i'i8
In my conference with him he SCENE
overwhelmed with grief, but stren1ousl
denied all impntations ofguiit, assertin
that he had not gone to the nursery a
ter retiring that night, till called BY til
alarm Of the child's death. 'J}J4 q
or course, his statements in the fat
of proof so damaging weighed but Ii
tie. l had no conf, ence in them m,
self. Still it was my professional dut
to see that man on trial for his lif
who had entrusted me with his caus,
had every right the law accorded hin
This duty performed, my conscienG
would be clear whatever the result
1t would be tedious to dwell on Il
steps preceding the trial. I interpose
NO obstacles to its coming on speedil
, My aim was not to thwart the ends
Justice, but to see it fairly meted out
Dr. Baldwin was the first and Chi
witness He told his story clearly ar
methodically; and it was easy to see
, , carried conviction to the jury, Ny rig
! cross examination only served 10 brir
: out his evidence with more distnctne
= of detail. elected the fact, for instanc
that the child's nurse lay in the ssu
room; that she was asleep when the dc
!. tor entered, and that it WAS to her
u FIRST announced the child's death l al
examined fully as to the prisoners az
. at the time the alarm. was given; endes
q oring to show that he came from the
c rection of his own chamber, appeari
y to have been just aroused from sleep
ls But made nothing of this, the witnt
" stating that his agitation had distract
% his attention from these points.
u The doctor had only recently settl
= among US, but his conduct had been
.e :. exemplary that he had made ma
~ friends He had especially won the ct
nience Of the prisoner l interroga'
~ him as to his past career, but brou.
10 out nothing to his discre lit. -.-,.
The evidence Of the chemist who ms
the analysis was next put in, and
a. States attorney crested"
he 81 have brought the nurse here"
E. said, ."but as 'she was asleep when
" prisoner entered, her evidence was uni
i'll portant i thought it my duty TO lbs
ID her here, however, to afford the otl
b. side the opportunity to call her if Ii
s. desire" 80
fiNotJ;no could rondnr tho ny;.o,,