Page:The World's Most Famous Court Trial - 1925.djvu/174

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The Court—Open court, Mr. Sheriff. Everybody stand up.

The Bailiff—Oyez oyez, this honorable circuit court is now open pursuant to adjournment. Sit down.

The Court—Now as I announced this morning, the floor on which we are now assembled is burdened with a great weight. I do not know how well it is supported, but sometimes buildings and floors give away when they are unduly burdened, so I suggest to you to be as quiet in the courtroom as you can; have no more emotion than you can avoid; especially have no applause, because it isn't proper in the courtroom. Now I regret very much that there are many people here who cannot get inside and hear the speaking, but, of course, it isn't within my power, physical power, to enlarge the courtroom. Mr, Counsel for the defendant—Mr. Counsel for the defendant, have you—has Mr. Darrow decided to speak or not?

Mr. Darrow—No, Mr. Malone is the only other.

The Court—The only other counsel to speak for that side?

Mr. Darrow—Yes.

The Court—Well, I believe Mr. Bryan then will speak next for the state.

If the court please we are now approaching the end of the first week of this trial and I haven't thought it proper until this time to take part in the discussions that have been dealing with phases of this question, or case, where the state laws and the state rules of practice were under discussion and I feel that those who are versed in the law of the state and who are used to the customs of the court might better take the burden of the case, but today we come to the discussion of a very important part of this case, a question so important that upon its decision will determine the length of this trial. If the court holds, as we believe the court should hold, that the testimony that the defense is now offering is not competent and not proper testimony, then I assume we are nee the end of this trial and because the question involved is not confined to local questions, but is the: broadest that will possibly arise, I have felt justified in submitting my views on the case for the consideration of the court. I have been tempted to speak at former times, but I have been able to withstand the temptation. I have been drawn into the case by, I think nearly all the lawyers on the other side. The principal attorney has often suggested that I am the arch-conspirator and that I am responsible for the presence of this case and I have almost been credited with leadership of the ignorance and bigotry which he thinks could alone inspire a law like this. Then Mr. Malone has seen fit to honor me by quoting my opinion on religious liberty, I assume he means that that is the most important opinion on religious liberty that he has been able to find in this country and I feel complimented that I should be picked out from all the men living and dead as the one whose expressions are most vital to the welfare of our country. And this morning I was credited with being the cause of the presence of these so-called experts.

Mr. Hays says that before he got here he read that I said this was to be a duel to the death, between science-was it? and revealed religion. I don't know who the other duelist was, but I was representing one of them and because of that they went to the trouble and the expense of several thousand dollars to bring down their witnesses. Well, my friend, if you said that this was important enough to be regarded as a duel between two great ideas or groups I certainly will be given credit for foreseeing what I could not then know and that is that this question is so important between religion and irreligion that even the involking of the divine blessing upon it might seem partisan and partial. I think when we come to consider the importance of this