Page:The World's Most Famous Court Trial - 1925.djvu/305

Rh Gen. Stewart—I think this is not legal evidence for the record in the appellate courts. King James' versions of the Bible, as your honor says—

The Court—I cannot say that.

Gen. Stewart—Your honor has held the court takes judicial knowledge of King James' version of the Bible.

The Court—No, sir; I did not do that.

Gen. Stewart—Your honor charged the grand jury and read from that.

The Court—I happened to have the Bible in my hand, it happened to be a King James' edition, but I will charge the jury, gentlemen, the Bible generally used in Tennessee, as the book ordinarily understood in Tennessee, as the Bible, I do not think it is proper for us to say to the jury what Bible.

Gen. Stewart—Of course, that is all we could ask of your honor. This investigation or interrogation of Mr. Bryan as a witness, Mr. Bryan is called to testify, was of the counsel for the prosecution in this case, and has been asked something, perhaps less than a thousand questions, of course, not personal to this case, and it has resulted in an argument, and argument about every other question cannot be avoided. I submit your honor, it is not worth anything in the record at all, if it is not legal testimony. Mr. Bryan is willing to testify and is able to defend himself. I accept it, if the court please, and ask your honor to stop it.

Mr. Hays—May I ask a question? If your contention is correct that this law does not necessarily mean that the Bible is to be taken literally, word for word, is not this competent evidence?

Gen. Stewart—Why could you not prove it by your scientists?

Mr. Darrow—We are calling one of the most foremost Bible students. You vouch for him.

Mr. Malone—We are offering the best evidence.

Gen. McKenzie—Do you think this evidence is competent before a jury?

Mr. Darrow—I think so.

The Court—It is not competent evidence for the jury.

Gen. McKenzie—Nor is it competent in the appellate courts, and these gentlemen would no more file the testimony of Col. Bryan as a part of the record in this case than they would file a rattlesnake and handle it themselves.

Messrs. Darrow, Hays and Malone (In Unison)—We will file it. We will file it. File every word of it.

Mr. Bryan—Your honor, they have not asked a question legally, and the only reason they have asked any question is for the purpose, as the question about Jonah was asked, for a chance to give this agnostic an opportunity to criticize a believer in the word of God; and I answered the question in order to shut his mouth so that he cannot go out and tell his atheistic friends that I would not answer his question. That is the only reason, no more reason in the world.

Mr. Malone—Your honor on this very subject, I would like to say that I would have asked Mr. Bryan—and I consider myself as good a Christian as he is—every question that Mr. Darrow has asked him for the purpose of bringing out whether or not there is to be taken in this court only a literal interpretation of the Bible, or whether, obviously, as these questions indicate, if a general and literal construction cannot be put upon the parts of the Bible which have been covered by Mr. Darrow's questions. I hope for the last time no further attempt will be made by counsel on the other side of the case, or Mr. Bryan, to say the defense is concerned at all with Mr. Darrow's particular religious views or lack of religious views. We are here as lawyers with the same right to our views. I have the same right to mine as a Christian as Mr. Bryan has to his, and we do not intend to have this case charged by Mr. Darrow's agnosticism or Mr. Bryan's brand of Christianity. (A great applause.)

The Court—I will pass on each question as asked, if it is objected to.