Page:The World's Most Famous Court Trial - 1925.djvu/93



Court met pursuant to recess.

Present as before.

Whereupon:

Immediately upon the rapping of the bailiff for order in the courtroom, and before the regular session was opened, the following proceedings occurred:

The Court—Rev. Stribling will you open with prayer?

Mr. Darrow—Your honor, I want to make an objection before the jury comes in.

The Court—What is it, Mr. Darrow?

Mr. Darrow—I object to prayer and I object to the jury being present when the court rules on the objection.

Gen. Stewart—What is it?

The Court—He objects to the court being opened with prayer, especially in the presence of the jury.

Mr. Stewart—The jury is not here.

The Court—Are any of the jury in the courtroom?

(No response.)

The Court—No, I do not want to be unreasonable about anything, but I believe I have a right, I am responsible for the conduct of the court, it has been my custom since I have been judge to have prayers in the courtroom when it was convenient and I know of no reason why I should not follow up this custom, so I will overrule the objection.

Mr. Darrow—May we ask if there are any members of the jury in the courtroom?

The Court—Yes, everyone stand up.

Mr. Darrow—May I make the record?

The Court—Yes.

(The bailiff raps for order.)

Mr. Darrow—Just a minute.

The Court—Yes.

Mr. Darrow—I understand from the court himself that he has sometimes opened the court with prayer and sometimes not, and we took no exceptions on the first day, but seeing this is persisted in every session, and the nature of this case being one where it is claimed by the state that there is a conflict between science and religion, above all other cases there should be no part taken outside of the evidence in this case and no attempt by means of prayer or in any other way to influence the deliberation and consideration of the jury of the facts in this case.

For that reason we object to the opening of the court with prayer and I am going to ask the reporters to take down the prayer and make specific objections again to any such parts as we think ave especially obnoxious to our case.

The Court—Do you want to say anything.anything? [sic]

Gen. Stewart—Go ahead, Gen. McKenzie.

Mr. McKenzie—That matter has been passed upon by our supreme court. Judge Shepherd took a case from the court, when the jury, after retiring to consider their verdict, at the suggestion of one of them to bow in prayer, asked divine guidance, afterwards delivering a verdict not excepted to, and afterwards taken to the supreme court. It was commendable to the jury to ask divine guidance.

Mr. Darrow—I do not object to the jury or anyone else praying in secret or in private, but I do object to the turning of this courtroom into a meeting house in the trial of this case. You have no right to do it.

The Court—You have a right to