Page:The World's Most Famous Court Trial - 1925.djvu/202

198 development progress beyond man's origin. And the next thing you know, there will be a legal battle staged within the corners of this state, that challenges even permitting anyone to believe that Jesus Christ was divinely born—that Jesus Christ was born of a virgin—challenge that, and the next step will be a battle staged denying the right to teach that there was a resurrection, until finally that precious book and its glorious teachings upon which this civilization has been built will be taken from us.

Yes, we have all studied the history of this country.

How many have read the story in history, when the Puritan fathers of this land went on Sunday to their church through the dense woods, no one perhaps except the father and mother and one or two little children, braved the dangers that lurked behind each tree in the forest for in those days the Indians killed the Puritans on frequent occasions. Why did they do these things? Going on Sunday to the religious worship and on other days to worship God according to the dictates of their own conscience?

We are taught that George Washington, on one occasion, before a battle he fought, led his army in prayer, and on another occasion that he secreted himself in a hiding place and prayed in private to the great God for victory. We are told that the great general of the southern Confederacy, Robert E. Lee, prayed to God before each battle and yet here we have a test by science that challenges the right to open the court with a prayer to God. I ask you again, who is it, and what is it, that comes here to attack this law and to say to this people that even though we are but a handful, you are a bunch of fools—who is it, I say—I do not know just who they night be, but they are in strange company. They come and say, "Ye shall not open your court with prayer, we protest—they say we shall not teach our Bible to our children, because it conflicts with scientific investigation.investigation." [sic] I say scientific investigation is nothing but a theory and will never be anything but a theory. Show me some reasonable cause to believe it is not. They cannot do it.

Mr. Hays—Give us a chance.

Mr. Stewart—A chance to what?

Mr. Hays—To prove if, to show you what it is.

Gen. Stewart—If your honor please, that charge strikes at the very vitals of civilization and of Christianity and is not entitled to a chance (applause and laughter throughout house) to prove by the word or mouth of man that man originated in the bottom of the sea. It is as absurd and as rediculousridiculous [sic] as to say that a man might be half monkey, half man. Who ever saw one—at what stage in development did he shed his tail—where did he acquire his immortality—at what stage in his development did he cross the line from monkeyhood to manhood. Yes, I confess, your honor, their purpose might be to show that to me, but not because they descended from a lower order of animals.

Now, if your honor please, this has been an unusual discussion. We have all gone beyond the pale of the law in saying these things, and I submit to your honor that in its analysis it must rest upon a construction of the statute and upon the law, as given by Mr. Bryan this morning, and is an invasion of the province of the court and jury, I submit, your honor, that under a correct construction of this statute that this scientific evidence would be inadmissible, and I ask your honor, and I say to your honor, to let us not make a bunder in the annals of the tribunals in Tennessee, by permitting such as this. It would be a never-ending controversy, if would be a babble of song, so if the court please, I ask your honor respectfully and earnestly, to disallow the admission of this testimony, and I ask it because I believe under the law of Tennessee, it is absolutely inadmissible.