Page:The World's Most Famous Court Trial - 1925.djvu/173

Rh Mr. Darrow—He had one with him.

Mr. McKenzie—That may be. But it is not competent for anything after they get all the witnesses in court, and then want to charge the jury after you submit it to him. It reminds me of the shape that the old Dutch judge was in, when there were a lot of witnesses swearing different tales. They say they know that man is both of the animal and vegetable kingdoms, coming from the sane source. If that is so, this great array has been eating up their relations—they are depopulating their relatives very rapidly.

But that is another proposition. That judge, when he went to charge the jury, he said, "Now, gentlemen of the jury"—He was a new judge— "If the plaintiff and his witnesses have sworn the truth about this matter, you will find, of course, for the plaintiff; but, if, on the other hand, the defendant and his witnesses have sworn the truth, you will, of course, find for the defendant. But if you are like me and believe that they are all swearing lies, I don't know what the debble you will do."

I don't know where they got their evidence, but they are putting it up against the Word of God. I reckon the next thing will be to—

Mr. Hays—May I interrupt you for a moment?

B. G. McKenzie—Yes, sir.

Mr. Hays—You seem so sure as to what our witnesses are going to testify. We have not brought our witnesses out; how is it that you are in a position to know what they are going to say?

Mr. McKenzie—You know no expert testimony is competent in this case, but I think this is competent.

The Court—He asked you how you knew what they were going to testify.

Mr. McKenzie—I think his witness swore the truth when he said none of them knew. He said they didn't know, and I think they will tell the truth. Do you believe the story of divine creation?

Mr. Hays—That is none of your business.

Mr. McKenzie—Then don't ask me any more impertinent questions.

Mr. Maleon—General, will you give me the law?

The Court—I do not think that Col. Hays' answer to Gen. McKenzie was as courteous an answer as he should give in this court.

Mr. Hays—That is so. Instead of those words, I will say I think it doesn't concern Gen. McKenzie.

Mr. McKenzie—I will say to you that I have as little concern as to where you emanated from, or as to where you are going, as any man I ever met.

Mr. Hays—Now, may I ask for an apology, your honor?

The Court—Yes, sir.

Mr. McKenzie—I didn't mean to give offense; I beg your pardon.

Mr. Hays——It is like old sweethearts made up.

The Court—Col. Bryan, it is only fifteen minutes to noon. Can you complete your argument in that time?

Mr. Bryan—What time is it now?

The Court—A quarter of twelve.

Mr. Darrow—Although it is a short while—

Mr. Malone—Can't we continue a little longer?

The Court—That is what I am getting at.

Mr. Malone—I am not referring to Col. Bryan’s time; I am asking for Conrt to continue longer.

Mr. Gordon McKenzie—We have some ceiling fans coming. I want to ask your honor to adjourn a little early and let them put the fans in.

The Court—I have information that the sheriff wants to put ceiling fans in during the noon hour, I think you all will like to be cooled off. Will they be put in during the noon hour?

Mr. McKenzie—Yes, sir; they will be.

The Court—We will adjourn until 1:30.