Page:The World's Most Famous Court Trial - 1925.djvu/137

 of Genesis in order to get it into the record.

The Court—You may proceed.

Mr. Darrow—No objection to that.

Gen. Stewart—(Reading from the first two chapters in Genesis, as follows, to-wit:)

Gen. Stewart—Are you through with the cross-examination? Come down.

(Witness excused.)

Mr. Darrow—Gentlemen, I don't know how many more you want to put on, but according to my suggestion—you have some other boys, who will testify the same, just give the names?

Gen. Stewart—One little boy in the science class with the little Morgan boy, whose testimony would be the same.

Mr. Darrow—Give us the name.

Gen. Stewart—Morris Stout. Charles Hagley will testify substantially the same as the Shelton boy.

This book was reviewed about the 20th of April.

Mr. Darrow—Very well.

Gen. Stewart—The state rests.

Thereupon the prosecution rested in chief.

Mr. Darrow—Yes, we would like to continue, two or three minutes would be enough.

The Court—Go ahead.

See that these reporters get in and out; they cannot get in and out. Let the witnesses for the defense come forward.

Thereupon witnesses for the defense came forward.

The Court—Let the witnesses be sworn.

Mr. Hays—Your honor, before the witnesses are sworn, it is necessary for us as a matter of procedure to move to dismiss the prosecution's case.

The Court—Let it be overruled.

Mr. Hays—Exception.

Thereupon the witnesses were duly sworn.

The Court—These executive officers have charge of the courtroom, who shall go in and out, keeping the opening of the aisles, who shall occupy a chair or not. It is foolish to expect the judge of the court to provide chairs for everybody, to leave the bench and have somebody move back, appeal to the sheriff and executive officers, because I have as many responsibilities as I can get along with, without having to attend to these details.

Testimony of Dr. Metcalf, with the jury excluded, was taken as court adjourned.

Maynard M. Metcalf, the first witness for the defense, being sworn and examined, testified:

Questions by Clarence Darrow, Esq.:

Q—Give us your name?

A—Maynard M. Metcalf.

Q—Where do you live?

A—My legal residence is Baltimore. I am living—I have been living the last year in Washington. I do not know how to answer your question.

Mr. Darrow—Living here in Dayton now?

Gen. Stewart—Just a moment, I do not mean to interrupt, but I want to impart a little information to you as a matter of procedure. Of course, you know we are going to except to this scientific testimony. But, we have a rule in this state that precludes the defendant from taking the stand if he does not take the stand first.

Mr. Darrow—Well, you have already caught me on it.

The Court—That is a technicality, we have not gone into the merits. I will allow you to withdraw the witness.

Mr. Darrow—Your honor, every single word that was said against this defendant, everything was true.

The Court—So he does not care to go on the stand?

Mr. Darrow—No, what is the use.