Page:The World's Most Famous Court Trial - 1925.djvu/309



Court met pursuant to adjournment.

The Bailiff—Is the Rev. Dr. R. C. Camper in the house? (the Rev. Dr. R. C. Camper, of Chattanooga.)

The Court—Let everyone stand up. Dr. Camper will open court with prayer.

Dr. Camper—Oh God, our Heavenly Father, we come into Thy presence this morning, feeling our dependence upon Thee. We pray Thy blessings upon each one that has a part in this court here today. Bless the judge, bless each lawyer, bless each one, Lord, that has a part, and may each and every one do the thing that is good and right here today. Guide us in everything we undertake for good here in this life. We ask it in the name of Jesus Christ. Amen.

Court—Open court, Mr. Sheriff.

The Bailiff—Oyez, oyez, this honorable circuit court is now open pursuant to adjournment. Sit down.

Officer Kelso Rice—We opened a little earlier on account of the judge's watch and we are now waiting on counsel. The judge isn't fast, I think it is just his watch. (A short recess was taken) whereupon:

The Court—Let's have order. Since the beginning of this trial the judge of this court has had some big problems to pass upon. Of course, there is no way for me to know whether I decided these questions correctly or not until the courts of last resort speak. If I have made a mistake it was a mistake of the head and not the heart. There are two things that may lead a judge into error. One is prejudice and passion, another is an over-zeal to be absolutely fair to all parties. I fear that I may have committed error on yesterday in my over-zeal to ascertain if there was anything in the proof that was offered that might aid the higher courts in determining whether or not I had committed error in my former decrees. I have no disposition to protect any decree that I make from being reversed by a higher court, because, if I am in error, I hope to God that somebody will correct my mistake, I feel that the testimony of Mr. Bryan can shed no light upon any issues that will be pending before the higher courts. The lawsuit now is whether—the issue now is whether or not Mr. Scopes taught that man descended from a lower order of animals. It isn't a question of whether God created man as all complete at once, or it isn't a question as to whether God created man by the process of development and growth. These questions have been eliminated from this court and the only question we have now is whether or not this teacher, this accused, this defendant, taught that man descended from a lower order of animals. As I see it, after due deliberation, I feel that Mr. Bryan's testimony cannot aid the higher court in determining that question. If the question before the higher court involved the issue as to what evolution was or as to how God created man, or created the earth, or created the universe, this testimony might be relevant, but those questions are not before the court, and so taking this view of it, I am pleased to expunge this testimony, given by Mr. Bryan on yesterday, from the records of this court and it will not be further considered.

Mr. Darrow—If your honor, please, we want before this is disposed of—we would like to be heard. I want to say a word, if