Page:The World's Most Famous Court Trial - 1925.djvu/43

Rh Q—You are a man who wants to find out the truth?

A—I certainly do.

Q—And want to do right and would not be influenced by any consideration outside of getting at what the truth is?

A—No, sir.

Q—If you are a juror here and the question of evolution is put up to you, would you try to find out whether evolution is true amongst other things, won't you?

A—Yes, sir.

Q—At this time you have no prejudice against Mr. Scopes?

A—No, sir.

Q—No desire to convict him?

Gen. Stewart—What was that question, Colonel?

Court—Whether he had any desire to convict him. He said he had no prejudice against him and no desire to convict him.

Mr. Darrow—Desire, I said.

Mr. Stewart—We want to except to that question unless he makes it explicit.

Court—The witness says he has none.

Venireman West—If I understand the question, I am not disposed to convict him unless he is guilty—the truth is what I am for.

Mr. Darrow—The question was perfectly competent.

Court—I am allowing you to go right on.

Q—You understand that he is presumed to be innocent don't you, in this case?

A—Yes, sir.

Q—And every presumption goes to his innocence—every doubt goes to his innocence—every reasonable doubt you entertain, and if you hear no evidence you would acquit him of course?

A—Yes, sir.

Q—He is presumed to be innocent like everybody else in court and you have no desire to find him guilty?

A—No, sir, if he is not guilty.

Q—You have no desire to find him guilty?

Gen. Stewart—I except to his arguing with the prospective juror. I don't think he has a right to do that and deliver a lecture to him on what he should do or not do.

Q—What do you say—whether you are accepted or not—you know, before you can convict him—convict anybody—you must find that he is guilty beyond a reasonable doubt?

A—Yes, sir.

Q—And you would not convict anybody unless the evidence convinced you that he was guilty beyond a reasonable doubt?

A—No, sir, according to the law and the evidence.

Mr. Darrow—We will take him.

W. P. Ferguson, examined on the voir dire, being duly sworn and examined, testified:

Questions by the court:

Q—Are you a householder and freeholder in this county?

A—Freeholder.

Q—Are you related by blood or marriage to Walter White, the prosecutor, or John T. Scopes, the defendant?

A—No, sir.

Q—Have you formed or expressed an opinion as to the guilt or innocence of the defendant in this case?

A—I cannot say that I have.

Q—You say you cannot say that you have?

A—No, sir.

Q—Have you heard any of the evidence, Mr. Ferguson?

A—I do not remember that I have heard the evidence, just what I saw in the papers.

Q—Just what you have read?

A—Yes.

Q—You do not know whether it was true or not?

Q—Now, have you definitely made up your mind in any way, at any time, Mr. Ferguson, as to whether he is guilty or not guilty?

A—Well, sir, I could not say.

Q—You mean you cannot say that you have?

A—No, sir.

Q—Have you any fixed opinion, now? Any definite opinion now that he is guilty or not guilty?

A—No, sir.