Page:The World's Most Famous Court Trial - 1925.djvu/304

300 the jury on the point it is not competent testimony, on the same ground as the affidaviting.

Mr. Hicks—Your honor, let me say a word right there. It is in the discretion of the court how long you will allow them to question witnesses for the purpose of taking testimony to the supreme court. Now, we as taxpayers of this county, feel that this has gone beyond reason.

The Court—Well, now, that taxpayers doesn't appeal to me so much, when it is only fifteen or twenty minutes time.

Mr. Darrow—I would have been through in a half-hour if Mr. Bryan had answered my questions.

Gen. Stewart—They want to put in affidavits as to what other witnesses would swear, why not let them put in affidavits as to what Mr. Bryan would swear?

Mr. Bryan—God forbid.

Mr. Malone—I will just make this suggestion—

Gen. Stewart—It is not worth anything to them, if your honor please, even for the record in the supreme court.

Mr. Hays—Is not it worth anything to us if Mr. Bryan will accept the story of creation in detail, and if Mr. Bryan, as a Bible student, states you cannot take the Bible necessarily as literally true?

Mr. Stewart—The Bible speaks for itself.

Mr, Hays—You mean to say the Bible itself tells whether these are parables? Does it?

Gen. Stewart—We have left all annals of procedure behind. This is a harangue between Col. Darrow and his witness. He makes so many statements that he is forced to defend himself.

Mr. Darrow—I do not do that.

Gen. Stewart—I except to that as not pertinent to this lawsuit.

The Court—Of course, it is not pertinent, or it would be before the jury.

Gen. Stewart—It is not worth anything before a jury.

The Court—Are you about through, Mr. Darrow?

Mr. Darrow—I want to ask a few more questions about the creation.

The Court—I know. We are going to adjourn when Mr. Bryan comes off the stand for the day. Be very brief, Mr. Darrow. Of course, I believe I will make myself clearer. Of course, it is incompetent testimony before the jury. The only reason I am allowing this to go in at all is that they may have it in the appellate courts. Ha showing what the affidavit would be.

Mr. Bryan—The reason I am answering is not for the benefit of the superior court. It is to keep these gentlemen from saying I was afraid to meet them and let them question me, and I want the Christian world to know that any atheist, agnostic, unbeliever, can question me any time as to my belief in God, and I will answer him.

Mr. Darrow—I want to take an exception to this conduct of this witness. He may be very popular down here in the hills, I do not need to have his explanation for his answer.

The Court—Yes.

Mr. Bryan—If I had not, I would not have answered the question.

Mr. Hays—May I be heard? I do not want your honor to think we are asking questions of Mr. Bryan with the expectation that the higher court will not say that those questions are proper testimony. The reason I state that is this, your law speaks for the Bible. Your law does not say the literal interpretation of the Bible. If Mr. Bryan, who is a student of the Bible, will state that everything in the Bible need not be interpreted literally, that each man must judge for himself; if he will state that, of course, then your honor would charge the jury. We are not bound by a literal interpretation of the Bible. If I have made my argument clear enough for the attorney-general to understand, I will retire.

Gen. Stewart—I will admit you have frequently been difficult of comprehension, and I think you are as much to blame as I am.

Mr. Hays—I know I am.