Page:The World's Most Famous Court Trial - 1925.djvu/51

 A Voice—Riley. He will be in in just a minute.

Mr. Darrow—The jury has not been sworn either?

The Court—No. We make out the issues before we swear the jury.

Mr. Darrow—Will your honor explain the procedure of this court? I am not familiar with it.

The Court—We make up the issues and then swear the jury to try the issues as joined, as joined.

Mr. Darrow—You don't mean by a statement on both sides?

The Court—No, sir. I mean by the reading of the indictment, and your plea.

Mr. Darrow—I understood it was a little different the other day.

The Court—Yes.

Gen. Stewart—Your honor, the defense has notified us of the filing of a motion to quash. Before reading the indictment we want to say that we want that properly disposed of.

The Court—Wouldn't that come when I call upon then to plead, Mr. Stewart, or not? I can proceed either way.

Gen. Stewart—The practice has been to dispose of that even before the jury is sworn.

The Court—I mean to dispose of that before the jury is sworn.

Gen. Stewart—Our practice has been to dispose of that even before the jury was empaneled.

The Court—Suppose you read the indictment first?

Gen. Stewart (Reading)—

State of Tennessee, County of Rhea. Circuit Court. July Special Term, 1925.

The grand jurors for the state aforesaid, being duly summoned, elected, empaneled, sworn, and charged to inquire for the body of the county aforesaid, upon their oaths present:

That John Thomas Scopes, heretofore on the 24th day of April, 1925, in the county aforesaid, then and there, unlawfully did wilfully teach in the public schools of Rhea county, Tennessee, which said public schools are supported in part and in whole by the public school fund of the state, a certain theory and theories that deny the story of the divine creation of man as taught in the Bible, and did teach instead thereof that man has descended from a lower order of animals, he, the said John Thomas Scopes, being at the time, or prior thereto, a teacher in the public schools of Rhea county, Tennessee, aforesaid, against the peace and dignity of the state. A. T. STEWART, Attorney-General.

The Court—What is your plea, gentlemen?

Mr. Neal—May it please your honor. We make a motion to quash the indictment, and we would like simply to present the motion, possibly read it, and then with a very brief explanation, if any, ask your honor to reserve judgment on that until later in the trial.

Gen. Stewart—That would not be the practice at all. We would insist on the disposition of the motion before we proceed at all.

The Court—Under the practice, if they insist upon it, I would have to pass upon your motion before I go further.

Mr. Neal—We want to get it in the record, with the reading and a brief statement.

The Court—I will hear your motion.

Mr. Neal—Where is your motion? Have you it, general, over there?

Gen. Stewart (Handing document to counsel)—

The defendant moves the court to quash the indictment in this case for the following reasons:

First—(a) Because the act which is the basis of the indictment, and which the defendant is charged with violating is unconstitutional and void in that it violates Sec. 17, Article II of the constitution of Tennessee.

Sec. 17. Origin and frame of bills. Bills may originate in either house, but may be amended, altered or re-