Page:The World's Most Famous Court Trial - 1925.djvu/311

Rh Dr. Fay-Cooper Cole, Dr. H. H. Newman, Dr. Winterton C. Curtis, Dr. Kirtley F. Mather and proof by Biblical scholars, Dr. Rabbi Rosenwasser and Dr. Whitaker. The proof is in the form of statements that were made, or parts of those statements and I understand then your honor rules out of evidence each and every one of those statements and all and every part of any and all of these statements?

The Court—Yes, sir.

Gen. Stewart—And I understand the court excludes from the record the testimony of Mr. Bryan?

The Court—Yes, I excluded that from the jury.

Mr. Hays—May I have on the record also the statement, that doesn't bear on the issue that has been set down by the court? We would offer to prove it if the issue had been different—we would offer to prove by Mr. White that Mr. Scopes had a contract from Sept. 1 until May 1, at $150 a month, to teach biology in the public schools and that under the law he was obliged to teach biology from the book that was provided by the public schools. I understand then your honor likewise excluded that evidence, because that doesn't bear on the issue that you stated?

The Court—Well, it hasn't been offered.

Mr. Hays—It doesn't bear on the issue stated.

Gen. Stewart—I don't think really there will be any objection to it going in the record. Our view of it is that the law goes into effect from and after its passage and our contention is that it violates the law at any time after the act is passed, which was March 21.

Col. Bryan—May it please the court.

The Court—I will hear you, Mr. Bryan.

Mr. Bryan—At the conclusion of your decision to expunge the testimony given by me upon the record I didn’t have time to ask you a question. I fully agree with the court that the testimony taken yesterday was not legitimate or proper. I simply wanted the court to understand that I was not in position to raise an objection at that time myself nor was I willing to have it raised for me without asserting my willingness to be cross-examined. I also stated that if I was to take the witness stand I would ask that the others take the witness stand also, that I might put certain questions to them. Now the testimony was ended and I assume that you expunge the questions as well as the answers.

The Court—Yes, sir.

Mr. Bryan—That it isn't a reflection upon the answers any more than it is upon the questions.

The Court—I expunged the whole proceedings.

Mr. Bryan—Now I had not reached the point where I could make a statement to answer the charges made by the counsel for the defense as to my ignorance and my bigotry.

Mr. Darrow—I object, your honor, now what's all this about.

The Court—Why do you want to make this, Col, Bryan?

Mr. Bryan—I just want to finish my sentence.

Mr. Darrow—Why can't he go outside on the lawn?

Mr. Bryan—I am not asking to make a statement here.

The Court—I will hear what you say.

Mr. Bryan—I shall have to trust to the justness of the press, which reported what was said yesterday, to report what I will say, not to the court, but to the press in answer to the charge scattered broadcast over the world and I shall also avail myself of the opportunity to give to the press, not to the court, the questions that I would have asked had I been permitted to call the attorneys on the other side.

Mr. Darrow—I think it would be better, Mr. Bryan, for you to take us out also with the press and ask us the questions and then the press will have both the questions and the answers.

Mr. Bryan—The gentleman who represents the defense, not only