Page:The World's Most Famous Court Trial - 1925.djvu/317

Rh Court—Mr. Foreman, will you tell us whether you have agreed on a verdict?

Foreman—Yes, sir. We have, your honor.

Court—What do you find?

Foreman—We have found for the state, found the defendant guilty.

Court—Did you fix the fine?

Foreman—No, sir.

Court—You leave it to the court?

Foreman—Leave it to the court.

Court—Mr, Scopes, will you come around here, please, sir.

(The defendant presents himself before the court.)

Court—Mr. Scopes, the jury has found you guilty under this indictment, charging you with having taught in the schools of Rhea county, in violation of what is commonly known as the anti-evolution statute, which makes it unlawful for any teacher to teach in any of the public schools of the state, supported in whole or in part by the public school funds of the state, any theory that denies the story of the divine creation of man, and teach instead thereof that man has descended from a lower order of animals. The jury have found you guilty. The statute makes this an offense punishable by fine of not less than $100 nor more than $500. The court now fixes your fine at $100, and imposes that fine upon you—

Mr. Neal—May it please your honor we want to be heard a moment.

Court—Oh—Have you anything to say, Mr, Scopes, as to why the court should not impose punishment upon you?

Defendant J. T. Scopes—Your honor, I feel that I have been convicted of violating an unjust statute. I will continue in the future, as I have in the past, to oppose this law in any way I can. Any other action would be in violation of my ideal of academic freedom—that is, to teach the truth as guaranteed in our constitution, of personal and religious freedom. I think the fine is unjust.

Court—So then the court now imposes on you a fine of $100 and costs, which you will arrange with the clerk.

Mr. Malone—Your honor, what about bail?

Court—Sir?

Mr. Malone—What about bail?

Court—Well, how much bail can Mr. Scopes make?

Mr. Malone—We can arrange any amount your honor demands.

Court—Let him give bond for $500. Well, it is misdemeanor case; he does not have to go before the supreme court and only makes bond for his appearance back here at the next term, following the next term of the supreme court.

Gen. Stewart—I believe the next term—

Court—This county, I believe, goes to Knoxville. My counties are close on the border, some of my counties go to Nashville, and some to Knoxville. This county tries its cases there the first Monday in December—

Gen. Stewart—September.

Court—The first Monday in September.

Mr. Malone—I want to state in that connection that the Baltimore Evening Sun has generousygenerously [sic] offered to go bond for Mr. Scopes, and the defense has accepted the offer.

Gen. Stewart—The bond, of course, would have to be given for his appearance back here at the December term of court; the defendant does not appear before the supreme court in a misdemeanor case.

Court—In misdemeanors the defendant does not appear in the supreme court. He can make bond to the term of this court following the August term, which will be the first Monday in December, I believe, so the bond will be made returnable to this court on the first Monday in December, 1925. Now, by that time, I presume, the supreme court will have passed on this case.

Mr. Malone—Your honor, may I

at this time say, on behalf of my colleagues, that we wish to thank