Page:The World's Most Famous Court Trial - 1925.djvu/210

206 has handled the case has probably been of educational value. We represent no organization nor organizations for the purpose of education. Your honor knows that everything the court says not only goes out to the world through the newspapers, but through the radio and it is difficult for a court these days to exclude a jury from what is going on in the courtroom, because it would be difficult for a juror to go anywhere in the utmost privacy and not hear what's going on, so the rules would have to be changed to meet the advance of science. If the defense is representing anything it is merely representing the attempt to meet the campaign of propaganda which has been begun by a distinguished member of the prosecution.

W. J. Bryan—May I ask if these witnesses are allowed to testify as experts, for the information of the judge, I presume they will be subject to cross-examination?

The Court—Well, Mr. Bryan, I will say, I think the court would make itself absurd after the court has passed upon the question to say he will hear testimony whether or not he was right in his former decision.

What I said was this: I want this proof put into record. I think they are entitled to some of it, under the limitations the court may prescribe. Now the court will be here to hear it and this court is always ready to correct any error it makes. If, after hearing this proof, I shall conclude my former decision was erroneous and unlawful, I would not hesitate to set it aside; but I am not inclined to set it aside in the beginning and say I will hear proof to determine whether or not I will set my opinion aside.

Mr. Bryan—I ask your honor: Will we be entitled to cross-examine their witnesses?

The Court—You will, if they go on the stand.

Mr. Darrow—They have no more right to cross-examine than to bring in the jury to hear this issue. We want to submit what we want to prove. That is all we want to do. If that will not enlighten the court cross-examination of Mr. Bryan would not enlighten the court.

(Laughter in the courtroom).

Mr. Bryan—If I were to dispose—

Mr. Darrow—What we are interested in, counsel well knows what the judgment and verdict in this case will be. We have a right to present our case to another court and that is all we are after. And they have no right whatever to cross-examine any witness when we are offering simply to show what we expect to prove.

The Court—Colonel, what is the purpose of cross-examination?

Mr. Darrow—The purpose of cross-examination is to be used on the trial.

The Court—Well, isn't it an effort to ascertain the truth?

Mr. Darrow—No, it is an effort to show predjudiceprejudice [sic].

(Laughter).

Nothing else.

Has there been any effort to ascertain the truth in this case? Why not bring the jury and let us prove it?

The Court—Courts are a mockery—

Mr. Darrow—They are often that, your honor.

The Court—When they permit cross-examination for the purpose of creating prejudceprejudice [sic].

Mr. Darrow—I submit, your honor, there is no sort of question that they are not entitled to cross-examine, but all this evidence is to show what we expect to prove and nothing else, and can be nothing else.

The Court—I will say this: If the defense wants to put their proof in the record, in the form of affidavits, of course they can do that. If they put the witness on the stand and the state desires to cross-examine them, I shall expect them to do so.

Mr. Darrow—We except to it and take an exception.

The Court—Yes, sir; always