Page:The World's Most Famous Court Trial - 1925.djvu/209

Rh reasonable, and I state to your honor, in my judgment, if you permit us to cone to the evidence your honor will come to the same conclusion on evolution that you have come to on the question of the Copernican theory, and I ask that it be put in as evidence in this case in order to inform this court and give us an opportunity to show whether that law is reasonable or not. Your honor told me yesterday that your honor would hear us with an open mind.

The Court—I am going to let you introduce evidence and I will sit here and hear it, and if that evidence were to convince me that I was in error I would, of course, reverse myself.

Mr. Hays—That is true. I know you would do that.

The Court—You can introduce evidence for the other purpose and I will hear it and I never hesitate to reverse myself if I find myself in error.

Mr. Hays—That being so I think your honor ought to permit us to enter the evidence for both purposes.

The Court—It looks like we are quibbling over a matter really without a difference.

Mr. Hays—If that is so won't your honor give me that privilege?

Mr. Malone—I want to ask Gen. Stewart whether he would mind withdrawing his remarks that the purpose of the defense in producing this evidence is to make a farce out of the judge's opinion. Certainly that is not our purpose and I don’t think he meant that it is. We haven't really provided any low comedy here so far, so let us not—

Gen. Stewart—I will be glad to withdraw that and supplement it with this remark, which you will not deny. It is a known fact that the defense consider this a campaign of education to get before the people their ideas of evolution and scientific principles. This case has the aspect of novelty, and therefore has been sensationalized by the newspapers, and of course these gentlemen want to take advantage of the opportunity. I don’t want to make any accusations that they are improperly taking advantage of it. They are lawyers and they have these ideas, and it is an opportunity to begin a campaign of education for their ideas and theories of evolution and of scientific principles, and I take it that that will not be disputed and all I ask, if the court please, is that we not go beyond the pale of the law in making this investigation and that we and that they not forget ourselves to the extent that we go beyond the pale of the law. Our practice, if the court please, has been in matters, of this sort to let the substance of the evidence be stated by one of the attorneys and let it be placed in the record, in affidavit form, and I think that would be much better and would expedite the trial of this case, and I would much prefer that that course be taken. If witnesses are put on the stand, as your honor knows, a lawyer would ask a thousand questions that are not relevant, and if we do that we go beyond the pale of the investigation, and I respectfully ask your honor to confine this to the subject of that particular theory that is involved in the act and that no more be permitted. They say they have here six branches of science. I don't care how many branches they have, there is only one that is pertinent to this case—only one theory and that is that theory of evolution which teaches that man is descended from a lower order of animals, and if they want something for the higher courts to look at to support that theory—let that be put in substance.

Mr. Darrow—That is what I am willing to do.

Gen. Stewart—Let them put it in in substance—in affidavit form and not take up our time in the trial of the case. I don't object to your testimony or affidavits being printed.

Mr.Malone—I just want to make this statement for the purposes of the record, that the defense is not engaged in a campaign of education, although the way the defense