Page:The World's Most Famous Court Trial - 1925.djvu/312

308 from me, but he differs from the court very often in the manner of procedure. I simply want to make that statement and say that I shall have to avail myself of the press without having the dignity of its being presented in the court, but I think it is hardly fair for them to bring into the limelight my views on religion and stand behind a dark lantern that throws light on other people, but conceals themselves. I think it is only fair that the country should know the religious attitude of the people who come down here to deprive the people of Tennessee of the right to run their own schools.

Mr. Darrow—I object to that.

The Court—I overrule the objection.

Mr. Bryan—That is all.

Mr. Malone—If your honor pleases, I wish to make a statement, if statements are in order. The attorneys for the defense are hiding behind no screen of any kind. They will be very happy at any time in any forum to answer any questions which Mr. Bryan can ask along the lines that were asked him yesterday, if they be ger—

Gen. Stewart—Permit me to suggest—

The Court—All right.

Gen. Stewart—I think the next thing in order is to bring the jury in and charge the jury.

Gen. McKenzie (B. G.)—I suggest that the distinguished gentlemen get together with Col. Bryan; they are all anxious to hear him—and that they have a crowd and have a joint discussion and by that means your views will be reflected.

Mr. Malone—We are not worried about our views. We are in a court of law and our discussion is ended. We are ready for the jury.

Thereupon the jury was brought in and took their seats in the jury box.

And thereupon the following discussion occurred before the court out of the hearing of the jury and the spectators.

Mr. Darrow—My statement that there was no need to try this case further, and for the court to instruct that the defendant is guilty under the law was not made as a plea of guilty or an admission of guilt. We claim that the defendant is not guilty, but as the court has excluded any testimony, except as to the one issue as to whether he taught that man descended from a lower order of animals, and we cannot contradict that testimony, therefore, there is no logical thing to come except that the jury find a verdict that we may carry to the higher court, purely as a matter of proper procedure. We do not think it is fair to the court or counsel on the other side to waste a lot of time when we know this is the inevitable result and probably the best result for the case. I think that is all right?

Gen. Stewart—I think so; yes.

The Court—You want the jury charged, the regular formal charge?

Mr. Darrow—The general suggested something else that might take its place.

Gen. Stewart—We suggest—It is, of course, agreed by all that what we want and what we want to get is the case into the appellate court to test the act properly. It was suggested merely to make the record show a verdict of guilty, to show that this jury brought in a verdict of guilty. But, I think the best way to proceed would be to let his honor charge the jury and submit it to them, and I do not think there would be anything improper for you or me to state to the jury, after the jury has been charged—you state to them, if you want to, that you do not object to a verdict of guilty, to be frank about it, what you want is for the case to go before the appellate court. I do not think there will be any exception to that?

Mr. Darrow—You agree with me for the record—you agree then, that if the question might arise here, you will help us see that this case comes before the supreme court?