Page:The World's Most Famous Court Trial - 1925.djvu/101

Rh myself to the court, I expressed myself toward him in a rather discourteous manner I feel. I meant at the time to be emphatic, but I did not mean to be discourteous. The least that one lawyer can do toward another that is in his attitude toward another lawyer, in the trial of the case, is to be courteous to him and I feel very much ashamed when I feel that I have not been courteous to anybody. Mr. Hays has treated me with much courtesy and I am sure he did not mean on yesterday to try to drown me out with his voice. I know that as soon as I said it I knew I had said the wrong thing and I want to say to him this morning, and the court publicly, that there was nothing back of what I said at all, except a temporarily ruffled temper. I am sorry for it and I apologize for it.

Mr. Hays—If your honor please.

The Court—I recognize Mr. Hays.

Mr. Hays—I am happy to accept the apology of the attorney-general, with the knowledge that Mr. Stewart realizes that when he speaks he is speaking in the name of the sovereign state of Tennessee and I would like to condition that upon the suggestion that there be no further reference or allusions that are disrespectful to the state from which counsel for the defense come and no reference or allusions to the economic, political, social or religious views of counsel for the defense and I wish to warn counsel for the prosecution that if statements of that sort are made in the presence of the jury that we should regard them as prejudical and take exception to them. Permit me to say personally that there are two qualities I much admire in a man. One is that he is human and the other that he is courteous. The outburst on yesterday proves that the attorney-general was human, and the apology proves that he has the courtesy of a southern gentleman.

Dr. Neal—I submit as the local counsel in this case, I am not at all satisfied with the apology of Gen. Stewart and he knows why. In that discourteous action yesterday was included another very grave discourtesy to one of my colleagues. I have given him every opportunity to apologize privately for his remark and he has refused, and now I ask him in public to erase from the record the slurring, discourteous remark that he made in regard to another colleague of mine in this case and he knows very well what I refer to.

Gen. Stewart—The very thing that Mr. Hays and I were trying to avoid is being injected again into the case by Mr. Neal. The offense has already been committed and Mr. Neal is attempting to inject into this record the very thing that Mr. Hays and I were trying to avoid. It is very obvious that Dr. Neal is not familiar with court procedure. Even lawyers say things and do things that they should explain and sometimes apologize for. When I do a thing that I feel badly about I apologize. So long as I speak what I conceive to be the truth, I apologize to no man.

(The officer calls the audience to order.)

Mr. Neal—I still think the attorney-general's remarks were extremely discourteous and uncalled for.

The Court—Is the chairman of the press committee present? If so, I will hear the report from the chairman.

Mr. Richard Beamish (chairman of the press committee) (Reading)—The committee appointed by your honorable court, consisting of Richard J. Beamish, chairman; Phillip Kingsley, Earl L. Shaub, Forrest Davis, and Tony Muto, to investigate a reported news leak of the substance of your honor's opinion upon the motion to quash the indictment of John T. Scopes, respectfully reports: That it has been