Page:The World's Most Famous Court Trial - 1925.djvu/17

Rh A—Yes, I have heard about it.

Q—Know what it is?

A—I don’t know much about it.

Q—Have you any opinion about it—prejudice? Have you any prejudice against the idea of evolution? You understand my question—what I mean by prejudice, don't you? If you don't I will make it easier.

A—No, I have no prejudice.

Q—And you have heard that Scopes here has been indicted for teaching evolution?

A—Yes, sir, I have heard that.

Q—And you have no prejudice against it?

A—I don't know the man—wouldn't know him if I was to meet him out on the road at all—just saw him one time.

Q—I mean have you any prejudice on account of his having taught evolution, if he did teach it?

A—Well, I couldn't tell you about it because I don't know what he taught.

Q—Have you any feeling that it is a wrong teaching at this time?

A—Well, I haven't studied very much about it.

Q—Ever talk to anybody about it?

A—None to amount to anything; no, sir.

Q—Ever heard anybody preach any sermons on it?

A—No, sir.

Q—Ever hear Mr. Bryan speak about it?

A—No, sir.

Q—Ever read anything he said about it?

A—No, sir; I can't read.

Q—Well, you are fortunate. You can be a perfectly fair juror, can you?

A—Yes, sir.

Q—And you will be if taken as a juror?

A—Yes, sir.

Court—What do you say for the state?

Mr. McKenzie—Sit down, Mr. Riley.

Court—Have a seat, Mr, Riley.

No. 20, J. P. Massingill, duly sworn by the court and examined on his voire dire, testified as follows;

Q—Mr. Massingill, you are a householder or freeholder in Rhea county?

A—Householder.

Q—Mr. Massingill, are you related by blood or marriage to Walter White, the prosecutor, or John I. Scopes, the defendant?

A—Not at all that I know of.

Q—Have you formed or expressed an opinion as to the guilt or innocence of the defendant in this case?

A—From rumors and newspapers—of course, I read. I don't know anything about the evidence.

Q—You haven't talked with any person who professed to know the facts?

A—No, sir.

Q—Have you read any detailed account of the charge, Mr. Massingill, undertaking to give the details of the charge and what the evidence was?

A—Yes, sir, I have read a sketch of it.

Q—Did you read what the evidence was, given before the magistrate's court, or wherever it has been tried, or not?

A—I don't recall.

Q—Now, Mr. Massingill, could you go into the jury box and wholly disregard any impression or opinion you have?

A—Yes, sir.

Q—And try the case wholly on the law and the evidence, rendering a fair and impartial verdict to both sides?

A—I think so; yes, sir.

Court—He seems to be competent, gentlemen.

Mr. McKenzie—Pass him to you, Colonel.

Mr. Darrow—Your honor, if we exercise peremptory challenges, must we do it as we go along?

Court—Yes, sir, you have three.

Mr. Darrow—That is a different practice to what I am familiar with. In Illinois you can do it at any time.

Court—No, do it as we go along.

Mr. Darrow—If that is true, of course, you never know which one to challenge.

Court—Yes, I can sec the difference, but the practice is different here.