Page:The World's Most Famous Court Trial - 1925.djvu/100

96 religious questions are involved in this case and appealing to the general knowledge of the court, that any religious atmosphere injected in the proceedings must necessarily be of one particular faith—not that we are religious or irreligious, but simply because this is a religious question—that the whole atmosphere of the court in every respect should be neutral; that the court should receive its sole information in this case from the facts presented by witnesses to the jury and the law presented by the lawyers. That, may it please your honor, is my reason for joining in this objection to the daily prayer.

Sue K. Hicks—I have set over here and remained quiet these three days while the defense counsel have been constantly bringing up objections to these prayers. I want to make a statement in behalf of the court. I have been in this court for about five years and I know that every time that a minister has been in this court room when court was opened that the court was opened with prayer, and I think that their objections, your honor, should be put on the record, if they want them on the record, but this constant heckling every morning should be avoided. We are trying to avoid any religious controversy and we maintain that there is no religious controversy in this case. Their very opposition contradicts their ownselves. They say, your honor, that evolution is not—does not contradict the Bible—does not contradict Christianity. Why are they objecting to prayers if it doesn't contradict the Bible—doesn't contradict Christianity? Now, his case there that he reads dealt only with the sects of the church. This morning's prayer has been opened by a Unitarian. It has been opened by a Baptist and by a Methodist on the different mornings, and other denominations, and I think that the case that he cited is entirely out of order. It has no bearing on the controversy and we think that, your honor from now on should stop any such arguments as this arising and ask the defense to put their objections on the record and stop this here heckling in court in opening court every morning.

The Court—The court in selecting ministers to open the court with prayer has had no regard to denominational lines and no concern about sects. The court believes that any religious society that is worthy of the name should believe in God and believe in divine guidance. The court has no purpose by opening the court with prayer to influence anybody wrongfully, but hopes that such may influence somebody rightfully. It has been my custom at times when there has been no minister in the court, I have called on some good old pious man whom I knew was good, who believed in God, to open the court with prayer. I don't think it hurts anybody and I think it may help somebody. So I overrule the objection.

Mr. Darrow—Your honor, I want to take exception to the remarks of the court.

The Court—Let the exceptions go in the record.

Gen. Stewart—Your honor, on yesterday Mr. Darrow and I had an agreement that the record would show each morning that they excepted to the prayer. Perhaps the other attorneys did not understand that, but hereafter it will just show that without any statement being made in open court.

Your honor, I want, before the court proceeds with business—I want to make just a statement of explanation. On yesterday afternoon, if the court please, near the hour of adjournment, I said a thing which upon reflection and deliberation I feel sorry for. Sometimes under the stress of circumstances, perhaps we all do things that we should not do and that is about the only consolation I have to get out of it. Mr. Hays was presenting a matter to the court to which I desired to object and did object and when I interposed my objection, feeling that Mr. Hays did not give me an opportunity to address