Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1876-11-30
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THE VALUE OF AN OATH.
By JUDGE CLARK.

THE VALUE OF AN OATH.
By JUDGE CLARK.
It was an unpopular case to defend. The
charge against my client was one Of shock
ing atrocity, tie murder of his own child.
The popular verdict had already condemned
him, and there was but little doubt but that
of the jury would 60 the same way.
Arthur Berkley, the prisoner, had married
Edith Granger, q wealthy heiress, whose faith
er had died, leaving her his whole fortune, to
the exclusion of profigate son whom he had
disinherited and driven from his home.
Mrs. Berkley died within year after the
marriage leaving an infant few weeks old
a feeble little creature, requiring constant and
assiduous care. Indeed, DR.. Baldwin almost
took up his quarters in the house. often pass.
ing the night there, that he might be at
hand 10 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 charge,
got,u and stole softly to the nursery to gee
that everything was right.
He found the door ajar and dim light
burning within.
T As he advanced, he distinctly saw Arthur
Berkly standing BY the table, holding to the
child's mouth the bottle from which it was
accustomed to receive its 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 con-
vulsions, which were followed in few seconds
by the stillnes Of death. a2e
A post naortem examination, and analysis of
the contents, of the stomach, placed it be-
yond doubt that prussic acid had been
administered. And an examination of the
bottle that Berkley had left by it proved that
the milk in it contained large quantity Of
the same deadly poison.
On this evidence Berkley was arrested ard
indicted for murder; and there was not 9. 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 its mother. No wonder q deed 80
monstrous. actuated by motives 80 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 it's life, had shown the ten
derest attachment to his child.
In my conference with him, he seemed
overwhelmed with grief but strenuously de-
MED 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, bis statement, in the face of the
proofs so damaging, weighed but little. l
had no confidence in them myself. Still, it
was lprofessional duty to see that a man
on trial for bis life, who had entrusted me
with his csus, had every right the law ac-
corded him. H>2pty performed, my con-
science would be hatsveF the result.
It would be tedious to dwell on the steps
preceding the trial. I interposed no obsta-
cles 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 wit
nesa. He told his story clearly and method
ically and it was easy to see it carried con-
viction to the jury. My rigid cross-examina'
tions only served to bring out bis evidence
with more distinctness of detail. l 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 child's death.
also examined fully as to the prisoners 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 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 wen the confidence of the prisoner.
T 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." Aa
II have brought the nurse here" he said ;
''but as she was asleep when the prisoner en-.
tered, her evidence is unimportant. i thought
it my duty to have her here, however, to af-
ford 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 bis advantage.
II will call the witness" said. .,,~ ~,
She was middle-aged woman, of not ur-
prepossessing appearance. Her agitation was
visible; and I noticed that in taking the
oath, she laid her hand beside the book and
not upon it. '..ss.' -
II ask that the witness be sworn with her
hand on the book" I said, calling attention
to the omission. ,...s.4, ID, ..ys,.
The Judge so ordered and the witness
hand shook violently as she relunctantly
obeyed the direction, and the oath was read.
ministered. .,.. .....
After few preliminary questions as to the
hour of her retiring, her falling asleep, &C.,
"What is the next thing you remember p
I asked. . s.,.... 80, .f.et,s,t
The witness hesitated. ,..i 81 70, ~.
"Answer the question" }" said his Honor.
"I-I heard q noise as ofsome one coming
into the room," she faltered.
"Did you see any one enter I"
Another pause. :.:..
repeated the inquiry. s, a...
II did," was the answer. ,-...
"What did the person do 7" 49,.
The woman'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 this testimony.
I felt that my questions, thus far, only