the man you would have to appeal to on that.
The Juror—He is a mighty nice man and some intimation from you would do some good.
Mr. McKenzie—Nothing would give me greater pleasure than to have them installed, but on account of the depleted state of the treasury I do not believe the county can do it.
Mr. Malone—I will buy some fans.
The Court—Col. Thompson, I will divide my fan. Perhaps we can borrow some small fans, and place them on the table, Mr. County Judge. Maybe we can place some small fans on the table.
Are there any further preliminary matters, before the jury is sworn, or before the plea, I mean?
Gen. Stewart—The state is ready.
The Court—What is your plea, gentlemen?
Defendant Pleads Not Guilty
Mr. Neal—Not guilty, may it please your honor.
The Court—Not guilty. Now gentlemen, I shall ask the counsel for both sides to make an opening statement, please, in which you will please briefly outline what your theory is in the case, before I swear the jury.
Gen. Stewart—It is the insistence of the state in this case, that the defendant, John Thomas Scopes, has violated the antievolution law, what is known as the antievolution law, by teaching in the public schools of Rhea county the theory tending to show that man and mankind is descended from a lower order of animals. Therefore, he has taught a theory which denies the story of divine creation of man as taught by the Bible.
Mr. Hays—If the court pleases, may I for the purpose of the record, on the opening statement of the attorney-general move to dismiss the case of the prosecution?
The Court—Yes, and I overrule the motion.
Mr. Hays—And I take an exception.
The Court—Yes, sir.
Now, I will have your statement, gentlemen? Order in the courtroom. I will swear the jury later, when I get these issues made up.
Col. Malone, I will hear from you, sir?
Mr. Malone—If the court please, for the purpose of brevity, though it is impossible to be as brief as the present conception of the prosecution's case, and for the purpose of accuracy, I will stick to my notes, with regard to the statement of the defense. It is going to take a long while, so I do not want to keep your honor standing.
The Court—Col. Malone, I don't want any argumentative statement made. I just want a brief statement of your theory.
Mr. Malone—I understand that, your honor.
The Court—Yes.
Mr. Malone—But we have more than one theory.
The Court—Yes; your theories, then. Put it in the plural.
Malone's Statement of Defense Theory of Case
The defense believes that "God is a spirit and they that worship Him must worship Him in spirit and in truth."
The defendant, John T. Scopes, has been indicted for the alleged violation of an act passed by the Tennessee legislature, which prohibits the teaching of the evolution theory in all the universities, normal schools and public schools of Tennessee, which may be supported in whole or in part by the public school funds of the state.
Section 1 of the act provides:
"Be it enacted by the general assembly of the state of Tennessee that it shall be unlawful for any teacher in any of the universities, normals and all other public schools in the state, which are supported in whole or in part by the public school fund of the state, to teach any theory that denies the story of the divine creation of man as taught in the Bible, and to teach instead that man has descended from a lower order of animals."
Section 2 provides:
