it has got to be proven by them to make the case here.
Gen. Stewart—That is not in order here. I don't think that should be argued before these prospective jurors.
The Court—I think you are correct about that.
Q—Mr. Dunlap, have you any fixed opinion in your mind at all as to the guilt or innocence of this defendant? You know what he is charged with?
A—I have not as far as the indictment is concerned.
Q—In any way have you any fixed opinion that he is guilty or not guilty? I don't want to know what your opinion is, without any modifitions.
A—I couldn't say he was guilty without some more evidence.
Q—Have you any fixed opinion now in your mind either way is what I want to know?
A—No, sir.
Q—None at all?
A—No, sir.
Q—You think anything you have heard said about it would have any influence on your verdict at all?
A—Yes, what I have heard would have a little influence on my verdict. The point I am trying to make is this, I can't be fair about it.
Q—That is what I want you to say?
A—I believe his statement that he taught evolution. As it was set down in that textbook. Now if that is a violation and it breaks the law, I have got a fixed opinion.
Q—Do you think now what you have heard or what you have read or what you know might have any weight with you in the jury box?
A—Yes, it is bound to.
The Court—I will excuse you, Mr. Dunlap.
W. A. Ault, on the examination on his voir dire, testified as follows:
Examination by the court:
Q—Do you solemnly swear that you will true answers make to all questions asked you touching your qualifications as a juror?
A—Yes, sir.
Q—Are you related by blood or marriage to Walter White, the prosecutor or J. T. Scopes, the defendant?
A—No, sir.
Q—Are you a freeholder or householder of Rhea county?
A—Yes, sir.
Q—Have you formed or expressed an opinion as to the guilt or innocence of the defendant?
A—No, sir.
The Court—Let's have order in court, I am going to have to exclude someone if you don't keep quiet, and if we put you out you will have to stay out.
Q—Mr. Ault, have you heard something of the case?
A—Yes, sir.
Q—Could you go in the jury box and wholly disregard whatever you have heard and try the case and be fair to both sides?
A—Yes, sir.
Mr. McKenzie—Pass him to you, Colonel.
Examination by Mr. Darrow:
Q—Mr. Ault, are you a married man?
A—Yes, sir.
Q—You are a merchant here?
A—Yes, sir.
Q—Have been for a good many years?
A—Yes, sir.
Q—Born in Tennessee?
A—Yes, sir.
Q—Member of any church?
A—Yes, sir.
Q—What one?
A—Baptist.
Q—Been a member a long time?
A—Yes, sir.
Q—Did you ever hear about evolution?
A—Yes, sir, I have read about it.
Q—You have a definite opinion about it?
A—To a certain extent. I believe evolution in progress or whatever you want to call it.
Q—Is that all the belief you have about evolution?
A—Yes, sir.
Gen. Stewart—We except to all that. I don't think it is proper to go into what he believes about it.
The Court—Not except for his information.
