Page:The World's Most Famous Court Trial - 1925.djvu/141

 sort of peculiar interest of mine, always.

Q—Are you an evolutionist?

A—Surely, under certain circumstances that question would be an insult, under these circumstances I do not regard it as such.

Q—Do you know any scientific man in the world that is not an evolutionist?

Gen. Stewart—We except to that, of course.

The Court—Sustain the exception.

Mr. Stewart—Of course if you want to take a vote—

Mr. Darrow—No, no, we are talking about scientific things.

Q—(Mr. Darrow) or, is it or not accepted by scientific men?

Mr. Stewart—We object.

The Court—Sustain the objection.

Mr. Hays—We want to take an exception.

Mr. Stewart—You are entitled to it. Your honor is ruling on it?

Mr. Hays—Now, your honor, one of our constitutional points was the question of whether this law was within the police power of the state, depended upon material.

The Court—No, I do not think that is whether or not it was a reasonable exercise of the police power. That would depend largely upon whether evolution is a mere guess by a few men, or generally accepted by all scientists. Certainly it is material from that point of view. I do not think you can bring one witness to prove what others believe.

Mr. Hays—If he knows that, if he knows how far the theory is substantiated—

The Court—That would be hearsay testimony.

Mr. Hays—Hearsay testimony is allowed in cases where it is a question of how a scientific theory is substantiated. The question here depends very largely on our ability to determine whether any such exercise of the police power is reasonable, and here we call a witness to say, among other things, that in the profession that is largely accepted, that is the question, your honor.

Mr. Darrow—While that is not material, may I ask, your honor, at least—

Gen. Stewart—Your honor has passed on that.

The Court—Let the gentleman ask and then—

Mr. Hays—Our whole case depends upon proving that evolution is a reasonable scientific theory.

The Court—I do not know how you can prove it reasonable by proving what some other person believes.

Mr. Hayes—We expect to prove what all science says.

The Court—Then bring them here and offer them, I will hear you.

Witness—I am very glad to be examined on my own judgment.

The Court—Sustain the exception.

Mr. Hayes—Exception.

Mr. Darrow—I do not know whether the practice is to state what we expect the answer to be. Of course, I will not state it before the jury, but I want to give it to the reporter.

Mr. Stewart—We want that in the record later.

Mr. Darrow—I will do that later.

Gen. Stewart—Let the reporter go right to them.

(At this point the reporters and attorneys went to the winesswitness [sic] chair and the following occurred:)

Q—(Mr. Darrow.) What would you say, practically all scientific men were or were not evolutionists?

A—I am acquainted with practically all of the zoologists, botanists and geologists of this country who have done any work; that is, any material contribution to knowledge in those fields, and I am absolutely convinced from personal knowledge that any one of these men feel and believe, as a matter of course, that evolution is a fact, but I doubt very much if any two of them agree as to the exact method by which evolution has been brought about, but I think there is—I know there is not a single one among them who has the least doubt of the fact of evolution.

Mr. Hayes—We expect the witness would answer as follows: