Page:The World's Most Famous Court Trial - 1925.djvu/227

Rh Mr. Darrow—We are just trying to make the record, nothing else.

Mr. Hays—We are entitled to make this record in our own way as long as it is in accord with the practice of Tennessee and the constitution. Aren't we entitled to make it as long as it is in accord with your practice or the way you gentlemen say?

Gen. Stewart—Like the court says.

Mr. Hays—If it is in accord with your practice.

Gen. Stewart—Why state them in open court?

Mr. Hays—I understand that three times.

Gen. Stewart—I would not be able to understand you.

Mr. Hays—That is not my fault; beg pardon.

Mr. McKenzie—As I understand these gentlemen, the other day, they offered this scientific testimony, and your honor held that was not competent; an I right?

The Court—I held it was immaterial and incompetent because it would not reflect upon the issues involved in the case.

Mr. McKenzie—Now, as I understand, if your honor please, the only purpose in their offering these statements now is to make up the record, and in the event the case boesgoes [sic] to the appellate court to convince the court your honor is in error in refusing to admit this particular testimony. Now, if this is true, may it please this honorable court, what right would they have to come into this court by reading these statements and then after that as indicated by Mr. Hays, make an argument on the very statements of these scientists that you have held their testimony was not competent.

The Court—Just an hour to make up the record.

Mr. Hicks—To make up the record, not to make an argument.

(Thereupon after a further colloquy between counsel, the court said):

The Court—I give you an hour, gentlemen, to go over that, I will then hear you on both sides. I will let you have a chance to see the statements offered as proof.

(Thereupon Mr. Hays proceeded to read):

Mr. Malone—We can finish it in an hour, your honor.

The Court—I am very much inclined to give them an hour, general. I believe I will give the defense an hour to make up their record for the appellate court. I want to be fair to both sides and it occurs to me that that is fair.

Mr. Hays—We expect to prove by the Rev. Walter C. Whitaker—

The Court—I wish you would stand over here near the stenographer, Mr, Hays.

Mr. Hays—We expect to prove by the Rey. Walter C. Whitaker, rector of—

Gen. McKenzie—I just want to ask for information, Is he first going to state what he expects to prove here by each of these witnesses and then read the affidavit covering the some thing?

The Court—No, I don't think he wants to do that. Mr. Hays, what do you want to read, your statement of summaries? I don't understand he wants to argue the statements.

Mr. Hays—I will offer a portion of them. I have two here which have not been prepared and I will state what they are and then I will offer just one where the witness is in court and I want to read from that what we offer to prove. The others will state in general and we will save time if we can. We expect to prove by the Rev. Walter C. Whitaker, rector of St. John’s Episcopal church, Knoxville, Tenn., and chairman of the committee which passes on the competency of new ministers for the United States that a man can be a Christian and an evolutionist at the same time. He says "As one who for thirty years has preached Jesus Christ as the Son of God and as 'the express image of the Father' I am unable to see any contradiction between evolution and Christianity.

"And also a man can be a Christian without taking every word of the Bible literally. Not only so, but