Page:The World's Most Famous Court Trial - 1925.djvu/226

222 Mr. Hays—He told me.

Mr. McKenzie—We are perfectly willing for you to have it, but we don't want to give you three hours over it; your honor is not going to let you prove that unless you could show some symptoms you could prove that.

Mr. Hays—I want to see the symptoms.

Mr. McKenzie—We have had several of them. I think we have heard the speeches of my good friends, Hays and Malone. We kind of enjoy Brother Darrow speaking, but we heard their speeches and sitting around for two hours, on every exception. Now it is a mere matter of law and procedure what shall go into the record in this case.

Mr. Hays—That is right.

Mr. McKenzie—It has been excluded. Now, will your honor put it in the record in this case? In the first place, this honorable court must be satisfied that they could have proved by these witnesses this excluded testimony.)testimony. [sic]

The Court—How can I be satisfied?

Mr. McKenzie—The onus is on them.

Mr, Darrow—Let me ask you a simple question.

Mr. McKenzie—All right, Col. Darrow.

Mr, Darrow—If you were asking for the admission of some evidence or John Smith here to testify, and you told the court what it was and the court said it was not competent and ruled you could not give it, isn't that simple statement of what you expect to prove by John Smith enough to preserve the record?

Mr. McKenzie—No, sir; not unless it is agreed to by the other side.

Mr. Darrow—What?

Mr. McKenzie—Never has been in Tennessee. If that is the way of it we ought to just practice law on the statements of the lawyers on each side as to what they want to prove and dispense with the witnesses, and argue the case.

Mr. Darrow—I don't like to dispute on Tennessee law, but I am sure I am right.

Mr. McKenzie—Let Col. Stewart look at your statements there, and if he will agree your witnesses will swear to them—that trouble is all over.

Mr. Hays—Why not read them in open court?

Mr. McKenzie—I don't want to read them and nobody else wants to read them.

Mr. Darrow—It won't take over an hour, and take the statements of the rest of them.

Gen. Stewart—I don't think we will have any trouble about what goes into the record; the only thing is the reading of these in open court.

The Court—They do not purpose to read them.

Gen. Stewart—Read them and make speeches on them.

Mr. Hays—No.

Mr. Darrow—We expect to show that a certain professor will say so and so and read the statement; read two or three of them, and let it go at that.

Mr. Hicks—As I understand and remember, they made the statement the other day to this effect: What they intended to prove, that evolution does not conflict with the Bible, or they want to interpret the Bible or show evolution does not contradict the Bible. Now, your honor has ruled that line of evidence is not admissableadmissible [sic] in this case. Now, will your honor rule time and again on it? Is there an end to that?

The Court—Didn't they say what they intended to prove; didn't Mr. Hays say that he wanted to offer proof they wanted to show what was meant by it?

Mr. Hicks—That is true, your honor has already ruled on that; what is their purpose?

The Court—I thought that the defendant admitted that he taught that man descended from a lower order of animals.

Mr. Hicks—If they exclude everything else but the only evidence on this merely to save time.

The Court—The higher courts may differ with me.

Mr. Hicks—What is the use of reading them in open court?