Page:The World's Most Famous Court Trial - 1925.djvu/126

 lars. There are differences of translation, many of which seem unimportant, though Catholics claim that there are cases of wilful perversion of the Scriptures in King James' translation, from which erroneous doctrines and inferences have been drawn. The Lord's prayer is differently translated in the two versions. Of the different translations of the Lord's prayer in later versions of the Bible, the following language of a Protestant has been quoted with approval by a Catholic author: 'Even the Lord's prayer has been tampered with and a discord thrown into the daily devotions. The inspired text is changed and unsettled, the faith of the people in God's Holy Word is undetermined, and aid and comfort given the enemy of all religion.' The Douay version also contains six whole books and portions of other books which are not included in King James' version. The Catholic church regards these as a part of the inspired Scriptures, entitled to the same faith and reverence as the other portions of the Bible, while the Protestant churches do not recognize them as a part of the Scriptures." "There are many sects of Christians and their differences grow out of their different constructions of various parts of the Scriptures—the different conclusions drawn as to the effect of the same words."

In other words, your honor, they should be required to designate the violation of the law. The court may take judicial notice of the Bible, but the court does not take judicial notice of a fact that is at issue between the parties. It can only take judicial notice of matters that are of common knowledge. That is a matter to be proven.

Now, your honor, in the Encyclopedia of Evidence I find this: "It has been held that when a fact of history is in issue before a jury, it must be proved." And, again, "Generally speaking, however, courts are bound to take notice only of the public laws and the facts established thereby, and the official capacity and seals of some officers."

This is a criminal statute and should be strictly construed. There is nothing in the statute that shows they should be controlled in their teaching by the St. James version. The statute might have said that, but it did not. And yet, with an unaccountable confidence they have presented a book to your honor, and attempt to put that book in evidence with the confidence of a man not learned in religion, because any man learned in religion knows it is no more the version of the Bible than a dozen or half a dozen other books. Therefore, your honor, we object to the Bible going in evidence, or that book going in evidence, but insist that the prosecution prove what the Bible is before they put it in evidence.

Court—Mr. Hays, would you raise the same objection if they attempted to file any other Bible?

Mr. Hays—Not if they put it in evidence, and someone testifies that the King James version is the Bible; and then the jury could believe or disbelieve the statement.

Court—Let your objection be overruled. Let it be introduced as the Bible.

Mr. Hays—We except to that.

Mr. Darrow—What parts of the Bible are you going to introduce, anyway? Is it the whole book, and each of us to read from it such passages as we want? I am asking for this purpose—I don't know what your practice is here, but as a rule in our courts you have to have a certified copy or you cover it by stipulation.

Gen. Stewart—Just make such excerpts as you care to take out of it. We file the whole book, and the judge can order it attached to the supreme court record in the original form.

Court—I can order the book itself sent up.

Mr. Darrow—Yes, and save that much work. We just want to know what particular edition it is.