Page:The World's Most Famous Court Trial - 1925.djvu/103

Rh to give you information, I will; if it is not proper, I will not, but I prefer that if you want to ask me a question not to put me on notice as to the information you want, and then take advantage of the answer I may give.

So, you may be excused.

The Policeman—We will have to have order.

Mr. Darrow—May I say a word, and then be through in a very short time?

The Court—Yes.

Mr. Darrow—I don't want the court to think I take any exceptions to Mr. Stewart's statement,—of course, the weather is warm, and we may all go a little further at times than we ought, but he is perfectly justified in saying that I am an agnostic, for I am, and I do not consider it an insult, but rather a compliment to be called an agnostic. I do not pretend to know where many ignorant men are sure; that is all agnosticism means. He did, however, use a word, "infidel," although Mr. Stewart says he thinks I am wrong, but I am quite certain I am not. Of course, the word "infidel" has no meaning whatever. Everybody is an infidel that does not believe in the prevailing religion, among the Saracens, everybody is an infidel that does not believe with them, and in a Mohammedan country, everybody that is not a Mohammedan is an infidel, and among the Christians, everybody is an infidel that is not a Christian, or professes to be. It has no generic meaning, and I don't think I am fairly classified under it. But, I do say this, and I have no doubt the attorney-general will agree with me; I don't know what their particular brand of religion may be; I presume amongst the six or seven there are six or seven different brands, if you analyze it closely enough.

But, while I take no offense for anybody to say in any way that I am an agnostic, for I am, I think everybody's religious rights and religious liberties are protected under the consitutionconstitution [sic] of Tennessee, and if not, they would be protected under the fellowship that we owe to each other, and I do not think that anybody's religious creed should be used for the purpose of prejudicing or influencing any action in this case.

That is all I shall insist on through this case.

The fact that I am an agnostic ought not to weigh in the balance as to whether Mr. Scopes is innocent or guilty. And, all I ask for is that if counsel thinks it is wise to refer again to it that it shall not be done in such a way in the presence of the jury as to in any manner influence anybody, and I think I am right on that. I do not take any offense whatever in his having said I was an agnostic, although I hate to be accused of such a foolish thing as infidelity because everybody in the world can be accused of that.

The Court—What do you say, Gen. Stewart?

Gen. Stewart—I think we are wasting a lot of valuable time, your honor, in felicitation, and I am ready if these gentlemen will join me, in trying this law suit as lawyers. I would like to get done with this thing.

The Court—I think Col. Darrow is correct when he suggests no reference be made to the religious belief of any counsel in the presence of the jury; that it might prejudice the jury in the trial, and I shall expect that no such references will be made during the trial of this case.

Now, the court is about to read his opinion on the motion to quash the indictment, but I shall expect absolute order in the courtroom because people are entitled to hear this opinion.

Let us have order. No talking, now; let us have order in the courtroom.

If you gentlemen want to make my picture, make it now. (Laughter in the courtroom.)

Then I will proceed to read.

Court Officer—Order in the