The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1880-03-26
NUMBER 10.
THE VALUE OF AN OATH.
BY JUDGE CLARK.


shocking atrocity, the murder Of his own
child. The popular verdict had already con-
demned him, and there was little doubt that
the jury would go the same way.
Arthur Berkley, the prisoner, had married
Edith Granger, a wealthy heiress, whose
father had died, leaving her his whole for
tune, to the exclusion of his prohigate son,
whom he had disinherited and driven from
home
Mrs. Berkley died within a year after mar
riage, leaving an infant, feeble little creature,
requiring constant and assiduous care. In
deed, DR.. Baldwin almost .ook up his quar-
ters in the house, often passing the night
there, that he might be on hand in case OF
need.
One Of these nights, the doctor, as he af-
forwards stated in his evidence, after retir-
ing to bed, feeling solicitous about his 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 dis
tinctIy saw Arthur Berkley standing by the
table, holding to the child's mouth a bottle
from which 1t was accustomed to receive its
food. At the sound of the doctors footsteps
he stealthily left the apartment by a side
entrance
Not little surprised at these movements,
the doctor approached and laid his hand on
the childs face, which he found in violent
convulsions which were followed in few
seconds by the sudden stiffness Of death.
post-mortem examination and analysis
of the contents of the stomach placed it be-
yond doubt that prussic acid had been ad-
ministered. And an examination of the bot
tie, found where Berkley had left it, proved
that the milk in it contained large quantity
of the same deadly poison.
On this evidence Berkley was arrested and
indicted for murder and there was not a
dissenting voice as to his uilt An incen-
tive 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
the deed so monstrous, actuated by motives
so mercenary, should excite the deepest in
dignation.
Berkley's previous character had been
good. He had always appeared gentle and
kind had been a devoted husband, and dur
ing the orief period of its life had showed
the tenderest attachment for 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 re
tiring that night till called by the alarm Of
his chiId's death.
OF course his statement, in the face of
proof so damning, weighed but little. L had
no confidence in them myself. Still, it was
my professional duty TO see that a man on
trial 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. / inteTposed no OBJ
lection to 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
ness. He told his story clearly and methodi-
cally, and it was very easy to see it carried
conviction to the jury. Ny rigid cross-ex-
animation only served to bring out his evi-
dence 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 doctor entered, and 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, endeavor
ing to show that he came from the direction
of his own chamber, appearing to have been
just aroused from sleep. But l made moth.
ing of this, the witness stating that his agita
tiOn had distracted his attention from thes,
points.
The Doctor had only recently settle,
. among US, but his conduct had been so ex
, emplary that he had made many friends
He had especially won the confidence of tn
prisoner. / Intercepted him as to his pas
| career, but brought out nothing to his dis
credit
: The evidence of the chemist who made tn
2 analysis was next pat in, and the States al
e torney crested"
T 81 have brought the nurse here" he said
g ''but as she was asleep when the prisone
d entered, her evidence is unimportant.
t thought it my duty to have her here, hov
c ever, to afford the other side the opportunit
to call her if they desire"
e Nothing could render the prisoners cas
Ii more hopeless than it was already, viii
it something might come out to his adyantag
l. 81 will call the witness" l said.
1t She was middle-aged woman, of not u
n prepossessing appearance. Her aeitatiC
= was visible; and noticed that in taking Il
d oath she laid her hand beside the book al
of not upon it.
N I asked that the witness be sworn wi
le her hand on the book, 1 said, calling atte
Is tion to the Omss ion.
le The Judge so ordered, and the witness
Ie hand shook violently as she reluctant
le obeyed the direction, and the oath was
X administered.
o. After few preliminary questions as
Mt the hour of her retiring, her falling aslee
"a etc:
Id "What is the next thing you remember
d. 1 asked
=" The witness hcSitated.
st. "Answer the question, " replied his Hon'
c- 81 heard a noise as il some one was conf
p into the ROOM
p 'Did you see any one enter?'
Another pause.
NO repeated the inquiry.
MP 81 did was the answer.
what did the person do?'
ce The woman's face grew paler, and It W
of with difficulty she found utterance.
''He came to the side of the cradle" S
said, with the bottle of milk in his han
he and put it to the baby's mouth.
his The judge and States attorney both bt
ID forward in eager attention. The latter,
no was evident had not expected this te:
ife mony.
to 1 felt that my question thus far had o.
he served to draw the halter closer about