Page:The World's Most Famous Court Trial - 1925.djvu/149



Court met pursuant to adjournment.

Present as before.

Whereupon:

Court—(Raps for order.) Everybody stand up. Dr. Allen, whose name has been—who has been named by the pastors' association to open the court this morning.

Dr. Allen—(Dr. J. A. Allen, pastor, Glensley Avenue Church of Christ, Nashville, Tenn.)—"Our Father who art in Heaven, hallowed be Thy name. We thank Thee for thy blessings upon us all, and for Thy watch, care and protection over us; we pray Thy blessings upon the deliberations of this court, to the end that Thy Word may be vindicated, and that Thy truth may be spread in the earth. We pray Thee to bless and to guide all to Thy Name's honor and glory, to the accomplishment of good in the name of Jesus. Amen.

Court—Open court, Mr. Sheriff.

Bailiff—Oyez, oyez, this honorable circuit court is now open, pursuant to adjournment. Sit down.

Court—Are there any preliminary matters this morning?

Mr. Hays—If your honor please, we are prepared to make our motion on the admissibility of the evidence.

Mr. Darrow—Well, I wanted to ask one or two more questions.

Court—That's a big question. I thought, perhaps, there might be some preliminary matters to get out of the way.

Mr. Darrow—I want to ask just two or three more questions of Dr. Metcalf.

Court—Is any of the jury in the courtroom? If so, let them retire.

(Dr. Metcalf takes the witness stand.)

Q—Doctor, will you please give us, rather briefly, any other evidence of evolution.evolution? [sic] The evolution of man.

Gen. Stewart—We want to confine this, so far as the record is concerned. This is done for the purpose of making a record for the supreme court if the defendant should appeal—in order that the defendant may have the benefit of this evidence. It is the insistence of the state that no theory of evolution is competent for the record, before the jury or anybody else, except that theory that teaches that man descended from a lower order of animals. This gentleman (Dr. Metcalf) said yesterday, in a very fair statement, that there were different theories, some true, some perhaps not true, and so forth, but to that particular theory, about which the act itself speaks we want this inquiry confined.

Court—Well, of course, this evidence is going in the record so that in the event the case goes up to the appellate court, they may see what the character and nature of the evidence was that was excluded, if it is excluded, from the jury, so I am inclined to let them get the full testimony of this witness in the record. Of course, I may put some limitations on the number of witnesses that go on the stand if I conclude this evidence is not admissible then I will let you proceed.

Gen. Stewart—Now, your honor, we prefer to proceed in the regular order.

Court—Yes.

Gen. Stewart—The jury was dismissed yesterday for the purpose of asking these questions.

Court—Yes.

Gen. Stewart—And in order that the court might ascertain if this testimony, in the mind of the court, was admissible. Now, your honor, must we spend the morning here—

Court—No, not the morning, I think.