Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1880-04-27
hiIS ScELLANEoUS
TIE VALUE OF AN OATH,
BY JUDGE CLARK.

s was an unpopular case to defend. The
s. crime charged against my client was obo
OF shocking atrocity, the murder of his own
child. The popular verdict had already
condemned him, and there was little doubt
that the jury would go the same way.
Arthur Berkley, the prisoner, had mar.
RED Edith Granger, a wealthy heiress, whose
father had died, leaving her bis whole for
tune, to the exclusion of his profigate son.
whom he had disinherited and driven from
home.
Mrs. Berklcy died within a year after
marriage. leaving an infant, feeble little
creature, requiring constant and assiduous
care. Indeed, DR. Baldwin almost took up
ms quarters in the house, often passing tho
night there, that he might be ON hand in
case of need
One OF these nights, the Doctor, as he af,
terwards stated in his evidence, after retiring
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 pjar and a dim light
burning within. AS he advanced he dig
tiDctiy saw Arthur Berkeley standing by the
table, holding TO tho child's mouth bottle
from which it was accustomed to receive its
food. AT the sound of the Doctors footsteps
ne steaithliy left the apartment by side en-
trance.
Not a 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 sudden stiffness of death.
A po6t>mortem examination and aualysis
OF the contents OF the stomach placed it be-
yond doubt that prnssic acid had been ad-
mlnIstered. Aud an examination of the bot
tie, found where Berkeley had left il. t.provcd
that the milk in it contained large ouun =.
tity OF the same deadly poison.
On this evidence BerkIey was arrested
and indicted for murder, aud there was not a
dissenting voice as to his guilt 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 tho 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 devoted husband, and du-
ring the brief period of its life had showed
the tenderest attachment for his child.
In my conference with him he seemed
overwhelmed with grief. hut strenuously de,
MED all ImFutations of guilt, asserting that
he had not gone TO the Dursery after retiring
that night ill called by the alarm Of his
child's death.
OF course his statements, iu the fscc of
proof 80 damning. weighed bur little. had
no confidence in them myself Still. i. was
my professional duty to sec that a man on
trial for his life, who had entrusted me with
his cause. had cveryright the law accorded
him. This duty performed, my conscience
would be clear. whatever tho result.
1t would be tcdi"us to dwell on the steps
preceding the trial. 1 interposed no obiec-
tion to its coming on speedily. My aim was
not to thwart the ends of justice, bu. to see
| it fairly neted out
| DR.. Baldwin was the first and chief wit
ness. He told his story clearly and method.
ically, and it was very easy to see it carried
conviction to the jury. My rigid cross-ex,
animation only served to bring ont his ev.
idence 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 it was to
her he first announced the chiId's death. l
also examined fully as to the prisoners acts at
the time the alarm was given, endeavoring to
show that he came from tho 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 rs. but his conduct had been so ez>
emplary that he had made many friends
He had especially won the confidence of tho
prisoner. interrogated him as to his past
career, but brought out nothing to his dis
credit.
The evidence of the chemist who made
the analysis was next put in, and the States
attorney Crested"
81 have brought the nurse here" he said,
"but as che was asleep when the prisouer