Page:The World's Most Famous Court Trial - 1925.djvu/96

 Mr. Darrow—May we let the record show, just to save bringing up this question again, of prayer—may the record show, without any further objection, on each and every morning that the motion is made and the same ruling is made?

The Court—Yes, sir. Let the record show it.

Mr. Darrow—I don't care to emphasize it at all. I just want to save it.

The Court—Let the record show that it will be treated as made and overruled every morning,

Mr. Neal—Just a moment, I will hand you a copy of the demurrer. Do you have the other motion, judge?

The Court—Yes, sir; I have it. It is in the hands of the court stenographer. I haven't it with me here. Is Mr. Buchanan here?

Mr. Fain—Yes, sir; he is in the transcribing room.

Gen. Stewart—Did I understand, your honor, we would just adjourn until noon?

The Court—No; I haven't said that. We have been adjourning at 11:30.

Gen. Stewart—If your honor wants that much time, I want you to have it. We just want to know definitely if the court wants it.

The Court—Let's see if they want to make any pictures, and then I will make the announcements.

(After photographers completed the taking of pictures.)

The Court—The court will recess until 1:00 o'clock.

1:00 p.m. Tuesday, July 14, 1925.

Whereupon the policeman rapped for order and announced that court would reconvene at 2:30 o'clock p.m.

2:15 o'clock p.m.

Whereupon the court announced as follows:

The Court—I want to announce that I gave strict instructions to the stenographer that my opinion was not to be released to any person or to give any information out. If any member of the press has any intimation as to what my opinion is—no person knows except myself and the stenographer—and sends it out before I begin to read it, I will deal with them for contempt of court.

3:45 o'clock p.m., July 14, 1925.

Present as before.

Whereupon:

The court was called to order.

Mr. Hayes—Before your honor presents a decision or the proceedings go further, may I present a petition to the court, addressed to the Hon. John T. Raulston, presiding judge, Rhea county court. We, the following named representatives of various well-known religious organizations, churches, synagogues, do hereby petition your honor that if you continue your custom of opening the daily sessions of the court of Rhea county with prayer—

Gen. Stewart—Your honor, just a minute, I submit that is absolutely out of order.

Mr. Hayes—Mr. Stewart—

Gen. Stewart—This is not an assembly met for any purpose of hearing a motion of that sort, or any thing of that sort. Your honor has passed upon the motion.

Mr. Hayes—I insist upon making this motion.

Gen. Stewart—I am making my exception to the court, will you please keep your mouth shut.

Mr. Hayes—Will your honor hear my motion?

Gen. Stewart—I am making my exception to the court.

The Court—I will hear it.

Gen. Stewart—It is entirely out of order. And I except to it with all the vehemence of my nature.

The Court—I will hear it, proceed, Mr. Hayes.

Mr. Hayes—(Reading the petition.)

To the Hon. John T. Raulston, Presiding Judge, Rhea County Court: