Page:The World's Most Famous Court Trial - 1925.djvu/167

Rh instead"—instead of what?—that is my point.

The Court—What does the proof show, Mr. Hicks? Does the proof show Mr. Scopes taught that this little cell of life first evolved into a lower order of animals; is that your insistence?

Mr. Hicks—It says that it began in the sea.

The Court—That it began in the sea?

Mr. Hicks—As a little one-celled animal, and it continued to evolve on up through different stages of life until it culminated in man itself.

The Court—Before it culminated in man, if it went directly from that one cell and never crystallized into a lower animal—

Mr. Hicks—That is not the proof.

The Court—What is the proof?

Mr. Hicks—The proof shows it started as a one-celled animal, and then developed along for a while in the sea.

The Court—Does he call it a one-celled animal, or a one-celled life, or what?

Mr, Hicks—As I remember, he stated that life, animal life, began as one cell in the sea, and that it lived in the sea for a time, and it developed up and crawled out on the bank.

The Court—And developed into what?

Mr. Hicks—Into a higher form of life.

Gen. Stewart—That all animal life developed from one cell, from the same egg, the man, the monkey, the horse, the cow, everything.

Dr. Darrow—That is what it is, all animal life began in that one cell.

The Court—Is that the state's insistence, that this witness swore—

Mr. Hicks—Yes, sir.

The Court—That it never did develop into the different animals, but came direct to man?

Mr. Hicks—No, sir.

The Court—I am trying to get your theory.

Mr. Hicks—Our theory is, he taught it developed into the different animals, and came from one animal to another, and passed on up until it culminated into man itself.

The Court—It might be of one: common origin, and from that one common origin fowl, beast, fish and man came. Now, do you understand them to say that from this one cell it developed directly into man without first having become a different kind of animal?

Mr. Hicks—No, that is not the proof.

The Court—But that it developed into different animal life, and from that animal life into man?

Gen. Stewart—Through all different kinds of animal life.

The Court—Well, all right.

Mr. Hicks—Now, if your honor please, the only issue here in this case—

The Court—A little louder.

Mr. Hicks—The issue of fact for the jury to determine is whether or not Prof. Scopes taught man descended from the lower order of animals. Now, if your honor is going to permit them to make a special issue of these experts, if yon are going to permit them to come in here as a secondary jury, which they are endeavoring to do, that is an unheard of procedure in the courts of Tennessee. We are not endeavoring to run here a teachers' institute; we do not want to make out of this a high school or college; we do not object for these foreign gentlemen, as they please to call themselves—

The Court—Do not call them that.

Mr. Hicks—They call themselves that.

Mr. Malone—That is all right.

The Court—That is all right.

Mr. Hicks—We do not object to them coming into Tennessee and putting up a college, we will give them the ground to put the college on. If they want to educate the people of Tennessee as they say they do, but this a court of law, if is not a court of instruction for the mass of humanity at large. They, themselves, admit that it is their purpose, your honor, to enlighten the people of Tennessee. Now, your honor, how can these experts qualify as jurors?