Page:The World's Most Famous Court Trial - 1925.djvu/208

204 Mr. Darrow—I don't think the Court has one.

Gen. Stewart—I think the Court knows what "descent" means all right.

Mr. Darrow—We will submit your honor's request to the Association of Scientists.

The Court—I think the Court understands some things as well as the scientists.

Mr. Hays—May I respectfully move if the Court regards this question as one of law for the Court and if the Court believes that the question as to whether or not this law is unreasonable is wholly one for the Court, that the Court hear evidence in order to inform itself on that question in the presence of the Court only and in the absence of the jury.

Gen. Stewart—They are entitled to have entered of record the substance of what they expect to prove. We do not question that. I make no question as to that, but then, of course, they have no right to examine witnesses and conduct a long drawn-out examination and make a farce of your honor's opinion. They are entitled to have sufficient in the record to enable the supreme court to pass upon the proposition, and, in my opinion, a sufficient amount of which is already in the record. How many branches of scicnce have you represented here by witnesses?

Mr. Hays—About six. As I interpret your opinion it does not cover this proposition. The court still has to charge the jury and the court still has to pass on questions of law. We wish to raise, not only before your honor, but before your higher court, our proposition that this law is unreasonable. If your honor will permit me to give an example. Suppose the legislature passed a law prohibiting workmen from working more than six hours in a paint factory. The court would declare that law unconstitutional. But in doing that the court would find out the effect of working more than six hours, and if the work was deleterious to the health of the workmen, then the court would hold such law constitutional.

The Court—Let me state what I have in mind. I think you are entitled to have in the record a sufficient amount of your proof to indicate to the appelateappellate [sic] court, in case of conviction here, what your proof would have been. I think you have aright to introduce that proof that is under such limitations as the court may prescribe and let it be written in the record in the absence of the jury, and I meant all the time for you to do that.

Mr. Hays—I would like to state further—if I can prevail upon you to do so—I understand the rule is that we can put in the evidence in that fashion in order that we may make a record for the appellate court, but we not only want to do it for that reason, but we feel we have a right to argue before the court and the court will hear us upon the question of whether or not this law is reasonable. Gen Stewart says that that motion has been denied. That is true, but I hope the court will hear me with an open mind, and we want to introduce the evidence and ask that the court take that evidence and inform itself, and should the court come to a different conclusion, and we hope to persuade the court that this law is unreasonable—we ask the court to permit us to put in evidence for the sole purpose of informing the court so you can determine, after evidence, whether or not this law is unreasonable. I regard that as so important, if you will permit me again to refer to my Copernican illustration, which has seemed to be so humorous to the court in general—your honor knows there are people in the United States who would like to enforce on the people of the United States laws to the effect that nothing could be taught contrary to the theory that the planets moved around the earth and that the earth was the center of the universe, and I have learned of them in the hill country back of Dayton. When people, present the fact that science present the facts in court you would say that a law of that kind was