Page:The World's Most Famous Court Trial - 1925.djvu/169

Rh called, and not the ones we may have called, but have not.

The Court—Sustain the objection. You cannot anticipate what they will say.

Mr. Hicks—I say this, this witness, when asked the hypothetical question as to whether or not what Prof. Scopes taught denies the story of the divine creation as taught in the Bible, is absolutely usurping the place of the jury. He is taking the place of the jury. He is invading it. Now, all these Tennessee decisions hold it is a kind of evidence that should be received with great caution—it is a matter of speculation—these scientists differ over it—Mr. Darrow said in his speech not long ago, that evolution is a mystery. Therefore, if expert testimony is full of pitfalls or dangers, or uncertainties in any issue, how much more so must it be in this issue; how much more so must it be in this issue in regard to evolution when Mr. Darrow himself says that evolution is a mystery. So, why admit these experts? Why admit them? It is not necessary. Why admit them? They invade the province of the jury. Why admit them, because the ones that they have introduced so far have not qualified as experts; he has only qualified in one line, and that is in the line of biology. If they want to make a school down here in Tennessee to educate our poor ignorant people, let them establish a school out here; let them bring down their great experts. The people of Tennessee do not object to that, but we do object to them making a school house or a teachers' institute out of this court. Such procedure in Tennessee is unknown. I do not know how about where these foreign gentlemen come from, but I say this in defense of the state, although I think it is unnecessary, the most ignorant man of Tennessee is a highly educated, polished gentleman compared to the most ignorant man in some of our northern states, because of the fact that the ignorant man of Tennessee is a man without an opportunity, but the men in our northern states, the northern man in some of our larger northern cities have the opportunity without the brain. (Laughter.)

The Court—Let me understand the arrangement; Mr. Malone and Col. Darrow are both to speak, are they?

Mr. Darrow—No, your honor, we have arranged with the attorneys that Mr. Bryan and Gen. McKenzie will speak, then Mr. Malone and Mr. Stewart, I am not going to speak—I am saving up.

The Court—I will hear you, Gen. McKenzie, and will adjourn for the noon hour.

Mr. Darrow—Your honor, cannot we get through, because we have some witnesses here from a great distance, some have to get away, it is a very great hardship?

The Court—I think it highly probable the court will not pass on this question today—I don't know.

Mr. Darrow—I think you ought to pass on it immediately, even if you pass on if wrong. It is a very great hardship for these men to wait here, some of them have to go.

The Court—I will hear you general.

Gen. McKenzie—May it please your honor, I do not want to be heard but a very few moments. I want to say this, since the beginning of this lawsuit, and since I began to meet these distinguished gentlemen, I have begun to love them—everyone—and it is a very easy task, in fact, it was a case, when I met Col. Darrow—a case of love at first sight. These other gentlemen come right on, but you know they wiggled around so rapidly that I could not get my lover turned loose on them until I got a chance, but I love the great men. The newspapers have some of them said, that McKenzie is waving the bloody shirt, I just want to make this explanation, I have referred to the great metropolitan city, and of these distinguished gentlemen being from New York, for this reason, we have some of our own boys up there.

Mr. Malone—You bet you have.