The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1877-04-19
The Value of an Oath.
BY JUDGE CLARKE.


20 the same way.
Arthur Berkeley, the prisoner, had
married Edith Granger, wealthy heiress
whose father had died. leaving her his
whole fortune, to the exclusion OF
prodiqate son whom he had disinherited
and driven from his home.
Mrs. Berkeley died within 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, often passing the night
there. that he might be at hand in case
Of need.
Que of these nights, the doctor, as he
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.
He found the door ajar and dim
light burning within. As he advanced
he 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 quick
ly put down the bottle, and stealthily
left the apartment by side entrance.
Not little surprised at these move.
ments, the doctor approached and laid
his hand upon the child's face, which
were followed in few seconds by the
stiffness OF death.
post mortem examination, and anal
ysis Of the contents of the stomach placed
it beyond doubt that prussic acid had
been administered. And an examination
of the bottle, found where Berkley had
left it, proved that the milk in it con-
tanned large quantity OF the same dead
ly poison.
On this evidence Berkly 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 the death OF its
mother. No wonder deed so mon
strous, actuated by motives so mercenary,
should excite the deepest indignation.
Berkley's previous character had been
good He had always appeared gentle
and kind; and had been a devoted hus
band 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 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 q
man on trial for his life, who had en-
trusted me with his cause, had every
right the law accorded him. This duty
performed, my conscience would be clear
whatever the result
It would be tedious to dwell on the
steps preceding the trial interposed
no obstacles to its coming on speedily
NV aim was not to thwart the ends OF
Justice, but to see it fairly meted out.
DIR. 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. Ny rigid
cross examination only served to bring
out his evidence with more distinctnsss
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, and that it was to her he
first announced the child's death. i also
examined fully as to the prisoners acts
at the time the alarm was given, en-
deavored to show that he came from the
direction of his own chamber, appearing
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 especially won the con
fidence Of the prisoner. | Intercepted
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
81 have brought the nurse here" he
said, "but as she was asleep when the
prisoner entered. her evidence is unim
portant / thought it my duty to have
her here, however, to afford the Other
side the opportunity to call her if they
desired"
Nothing could render the prisoner
ca,e more hopeless than it was already
while something might come out to his
advantage.
81 will call the witness" / said.
She was a middle-aged woman of moi
unprepossessing appearance. Her agita
ton was visible, and / noticed that, in
taking the oath, she laid her hand be-
side the book and not upon it.
"I ask that the witness be sworn with
her hand on the book" / said, calling
attention TO the omission.
The judge so ordered; and the wit
ness's hand shook violently as she reluc
family obeyed the direction, and the oath
was wasSeadministered.
After few preliminary questions as tc
the hour of her retiring, her falling
asleep, DC.
"What is the next thing you remem
ber 2" ! asked.
The witness hesitated.
Answer the question. said his Honor
81 heard the noise of some one com
ing into the room" she faltered.
"Did you see any one enter p
Another pause.
l repeated the inquiry.
"I did" was the answer.
What did the person do p
The woman's face grew paler, and il
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.
felt that my questions thus far had
only served to draw the halter closer
about my clients neck. But had gone
too far 10 retreat.
Ny voice trembled almost as much as
that Of the witness as ! proceeded.
Did you recognize that person. ?"
II did, was the answer, scarcely audi.
BILE.
MY clients life hung on the answer to
the next question The silence OF the
courtroom was death.like. / dreaded to
break it. The sound Of my voice startled
me when spoke.
who was ID p / asked
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