Page:The World's Most Famous Court Trial - 1925.djvu/19

Rh Q—You have heard that he is an evolutionist, haven't you?

A—Yes, sir, I have heard that.

Q—And in your opinion he has been teaching contrary to the Bible?

General Stewart—If your honor please, I except to that. The question involved here will be whether or not—not, I apprehend if Mr. Scopes taught anything that is contrary to the Bible—that isn't the question. He has asked him whether or not he has prejudged the guilt of the defendant.

Court—He has a right to know that.

Gen. Stewart—The man has already stated to him that he had no opinion in the case.

Mr. Darrow—Do you think he would be a fair juror in the case?

Gen. Stewart—Yes, I do, if he says so.

Mr. Darrow—I don't.

Court—I think the lawyers have the right to get all the information they can on the subject, and I will treat both sides alike.

Mr. Darrow—What was that question? (question read).

Court—You may answer that.

A—Yes, sir.

Q—You have that opinion now?

A—I have no opinion to convince me otherwise.

Court—Questions by the court:

Q—Have you, in your mind now, Mr. Massingill, a fixed opinion that he has taught a theory contrary to the theory of the Bible as to the creation of man?

A—Yes, sir.

Q—Would that have any weight with you or any bearing with you in the trial of this case if you were selected as a juror?

A—I think I am fair and honest enough to lay aside things and give a man justice.

Q—Could you disregard any opinion you have and go in the jury box and render a fair verdict to both sides regardless of any impression you now have?

A—The opinion I have is from the public press and what I heard. Of course, I could surrender that.

Q—You don't know whether it was true or not? What I want to be sure of is this, if you were selected on the jury, could you go in the box and wholly disregard any impression or opinion you have and try the case wholly on the law and the evidence, rendering a fair verdict to both sides?

A—You mean in regard to this particular case?

Q—In regard to the charges here?

A—Sure, I would do that, too.

Court—You may proceed, gentlemen. He seems to be competent.

Mr. Darrow—You now have an opinion that evolution is contrary to the Bible and that my client has been teaching evolution; as you stand there now, that is your opinion?

A—From the information I have in regard to his teaching.

Q—That is your opinion now, isn't it, as you stand there now?

A—Sure it is.

Q—You could change it if you heard evidence enough to change it on?

A—Yes, sir.

Q—Otherwise you couldn't?

A—I have no right to; I don’t think.

Mr. Darrow—I challenge for cause.

Court—Well, I want every juror to start in with an open mind. I will excuse you, Mr. Massingill.

J. H. Harrison (29), called and sworn, upon examination testified:

Examination by court:

Q—Are you a householder and freeholder in this county?

A—Yes, sir, I claim my age, too old, I don't want to sit on the jury.

Q—How old are you?

A—Sixty-six.

Q—Claiming exemption on account of your age?

A—Yes, sir.

The court—You may be excused.

W. D. Taylor (14), sworn and examined on the voir dire, testified:

Questions by the court:

Q—Mr. Taylor, are you a house-holder and freeholder of this county?

A—Yes, sir; householder.