Page:The World's Most Famous Court Trial - 1925.djvu/160

 tions involve, particularly when they are scientific questions? Apparently the gentlemen of Tennessee believe that testimony in a law court has only to do with direct evidence—that nothing is relevant that is indirect and introduced for the purpose of explanation or elucidation. Of course, your honor knows that isn't the law—that under the law anything is relevant that tends to throw light on the subject and particularly in a case like this, where such great elucidation is necessary. What are the questions of fact? A man is guilty of a violation of the law if he teaches any theory different from the theory taught in the Bible. Has the judge a right to know what the Bible is? Does that law say that anything is contrary to the Bible that does not interpret the Bible literally—every word interpreted literally? Oh, no, the law says that he must teach a theory that denies the story as stated in the Bible. Are we able to say what is stated in the Bible? Or is it a matter of words interpreted literally? Is your honor going to put into that statute any theory contrary to creation as stated in the Bible with the words "literally interpreted word by word" because if you are the statute doesn't say so. Are we entitled to show what the Bible is? Are we entitled to show its meaning? Are we entitled to show what evolution is?

We are entitled to show that, if for no other reason than to determine whether the title is germane to the act. Are we entitled to show that the development of man from a cell does not make him a lower order of animals? I know that every human being develops from a cell in the very beginning of life. I know that in the womb of the mother the very first thing is a cell and that cell grows and it subdivides and it grows into a human being and a human being is born. Does that statement, as the boy stated on the stand, that he was taught that man comes from a cell—is that a theory that man descended from a lower order of animals? I don't know and I dare say your honor has some doubt about it. Are we entitled to find out whether it is or not in presenting this case to the jury? Further than that, how well substantiated is the doctrine of evolution? I presented your honor in opening this case, with what I conceive to be a parallel statute and a great many people smiled. You remember my supposed statute concerning the Copernican theory and my friend, the attorney-general proposed another statute concerning the rights of teachers. I would like to say the only difference between the attorney-general and myself is that I believe such statutes are unconstitutional—I believe his was unconstitutional, as well as my own and this. The only difference between the parallel I proposed and the law we are discussing, humorous as my parallel may have been—is that the Copernican theory is accepted by everybody today—we know the earth and the planets revolve about the sun. Now, I claim, and it is the contention of the defense these things we are showing are just as legitimate facts, just as well substantiated as the Copernican theory and if that is so, your honor, then we say at the very beginning that this law is an unreasonable restraint on the liberty of the citizens and is not within the police power of the state. Apparently, my opponents have the idea that just as long as the question is one of law for the court, then no evidence is required. There was never anything further from the truth. They had apparently the idea that the court takes judicial knowledge of a subject, such as matters of science, and that then no evidence need be introduced. If your honor is interested in my personal opinion I should like to say if on no other ground even though your honor thinks these are questions of law and even if the court believes that the court takes judicial knowledge—if on no other ground, this testimony would be admissible, in order to inform the court, because the court must be informed as to what the issues are and what these