Mr. Hays—The next is Herbert A. Nelson, who, as your attorney knows, is state geologist of Tennessee. (Reading statement by Nelson, which will be incorporated here.)
Mr. Hays—I will next read Dr. Jacob Lipman, as your honor no doubt knows, Mr. Lipman is a very eminent scientist.
(The statement of Mr. Lipman was thereupon read.)
Letter From Luther Burbank.
Mr. Hays—While we are on that subject I will say Mr. Luther Burbank makes a full statement.
The Court—Is he here?
Mr. Hays—He is not here, your honor. This is his letter. We will take his deposition if you will let it in as evidence.
Mr. Hicks—Will you let us cross-examine him?
Mr. Hays—Do you want to cross-examine Mr. Burbank, Mr. Hicks?
Mr. Hicks—We would cross-examine him if you put him on.
Mr. Hays—I would like to hear you cross-examine Mr. Burbank.
Mr. Hicks—I would like to hear you too. (Applause and rapping for order by Policeman Kelso Rice.)
(Letter by Mr. Burbank was then read.)
Gen. Stewart—That is just a letter from Mr. Burbank?
Mr. Hays—That is what we would be able to prove and if the scientific witnesses went on the stand, I assume we could take his deposition and prove it if we could get it here in time. Dr. Charles Hubbard Judd would testify:
(The statement of Mr. Judd was thereupon read.)
Mr. Hays—And the last statement which I would read to your honor, showing what I could prove, is from Dr. Horatio Hackett Newman, zoologist of the University of Chicago.
(Reading.)
The Court—Have you had the statements marked filed, Mr. Hays?
Mr. Hays—Yes, sir, I will.
STATEMENTS ARE FILED.
By Defense Counsel.
Of course, the defense, as lawyers, take no position on the truth of the stories of the Bible, but we wish to slate that we should be able to prove from learned Biblical scholars that the Bible is both a literal and figurative document, that God speaks by parables, allegories, sometimes literally and sometimes spiritually.
We should be able to prove:
First—That the entire Bible teaches the fact of the fundamental difference between the soul and the body. This is clearly shown by the following passages: Ecclesiastes vii:8; Luke viii-55, xxiii:46, xxiv:39; John vi:63; I Corinthians vi:17,20; Hebrews iv: 12, xii 22,28; James i1:26—all of which show the Bible attitude on the question of the nature of the soul.
Typical examples of the teaching of the Bible in reference to the body or flesh are given below:
"My substance was not hid from thee, when I was made in secret, and curiously wrought in the lowest parts of the earth. Thine eyes did see my substance yet being unperfect: and in thy book all my members were written, which in continuance were fashioned, when as yet there was none of them." (Psalm cxxxxix:15-16.)
Here there is a distinct statement that the human body was created by the process of evolution.
Also Roman VIII 22 says "For we know that the whole creation groaneth and travaileth in pain together until now."
Second—That the entire Bible teaches that God is a spirit and "the father of spirits," and not the father of flesh. (See Numbers xxvii:16; John iv:23-24; Hebrews xii:9.)
Third—Therefore, it is man's soul or spirit, and not his body, that is the Son of God, and which consequently is in the image of God.
Fourth—That the Bible is concerned with the ethical and spiritual side of life, and not with the body, or chest of tools, which is the means of self-development or self-expression of that soul.
