Page:The World's Most Famous Court Trial - 1925.djvu/288

284 Mr. Hays—But I say, if there is conflict anywhere in the words in the Bible as it was interpreted there, and in the Bible as it has been translated from time to time, then if is a matter for each individual to determine.

Gen. Stewart—I think that was settled when your honor took judicial notice of the Bible, and I make the point now because there is no use in making it before the jury.

The Court—The question is whether or not Mr. Scopes taught men descended from the lower order of animals.

Mr. Hays—And whether or not that is contrary to the theory in the St. James version.

The Court—No, not—

Mr. Malone—Your honor ruled that we could not go before the jury with it; that Mr. Scopes taught that man descended from a lower order of animals; and you ruled out important testimony for the defense.

Mr. Hays—The defense desires to call Mr. Bryan as a witness, and, of course, the only question here is whether Mr. Scopes taught what these children said he taught, we recognize what Mr. Bryan says as a witness would not be very valuable. We think there are other questions involved, and we should want to take Mr. Bryan's testimony for the purposes of our record, even if your honor thinks it is not admissible in general, so we wish to call him now.

The Court—Do you think you have a right to his testimony or evidence like you did these others?

B. G. McKenzie—I don't think it is necessary to call him, calling a lawyer who represents a client.

The Court—If you ask him about any confidential matter, I will protect him, of course.

Mr. Darrow—I do not intend to do that.

The Court—On scientific matters, Col. Bryan can speak for himself.

Mr. Bryan—If your honor please, I insist that Mr. Darrow can be put on the stand, and Mr. Malone and Mr. Hays.

The Court—Call anybody you desire. Ask them any questions you wish.

Mr. Bryan—Then, we will call all three of them.

Mr. Darrow—Not at once?

Mr. Bryan—Where do you want me to sit?

The Court—Mr. Bryan, you are not objecting to going on the stand?

Mr, Bryan—Not at all.

The Court—Do you want Mr. Bryan sworn?

Mr. Darrow—No.

Mr. Bryan—I can make affirmation; I can say "So help me God, I will tell the truth."

Mr. Darrow—No, I take it you will tell the truth, Mr. Bryan.

Examination of W. J. Bryan by Clarence Darrow, of counsel for the defense:

Q—You have given considerable study to the Bible, haven't you, Mr. Bryan?

A—Yes, sir, I have tried to.

Q—Well, we all know you have, we are not going to dispute that at all. But you have written and published articles almost weekly, and sometimes have made interpretations of various things.

A—I would not say interpretations, Mr. Darrow, but comments on the lesson.

Q—If you comment to any extent these comments have been interpretations.

A—I presume that my discussion might be to some extent interpretations, but they have not been primarily intended as interpretations.

Q—But you have studied that question, of course?

A—Of what?

Q—Interpretation of the Bible.

A—On this particular question?

Q—Yes, sir.

A—Yes, sir.

Q—Then you have made a general study of it.

A—Yes, I have; I have studied the