Gen. Stewart—Yes; anything I can do after you get the record to the supreme court.
Mr. Hays—What about thirty days?
Mr. Darrow—Don't bother about that now.
Gen. Stewart—We want to take the case to the supreme court the first Monday in September in Knoxville. I think you can do that—
Mr. Darrow—What?
Gen. Stewart—-You have a daily transcript, that was the purpose of calling the special term. Otherwise it would have to wait, if it don't get to the September term, as we only have one term a year.
Thereupon counsel left the bar of the court and returned to their respective seats.
The Court—Have you gentlemen any statements to make?
Gen. Stewart—We want your honor to proceed to charge the jury.
Mr. Darrow—As long as it is agreed we don’t need to talk any longer.
The Court—I suggest no exceptions will be made to my charge, is that true?
Mr. Darrow—I mean on account of not covering other matters.
The Court—I will put it in the formal manner. I will dictate my charge, and it will have to be copied so the court will be at ease a little while.
Thereupon the court left the bench and a short recess ensued, after which the following proceedings occurred, to wit:
Gentlemen of the Jury:
Judge Raulston Charges the Jury.
This is a case of the State of Tennessee vs. John Thomas Scopes, where it is charged that the accused violated what is commonly known as the antievolution statute, the same being chapter 27 of the acts of the legislature of 1925, the statute providing that it shall be unlawful for any person to teach in any of the universities, normals or other public schools of the state any theory that denies the story of the divine creation of man, as taught in the Bible, and teach instead thereof that man is descended from a lower order of animals.
The indictment in this case is dated at the July special term, 1925, and, in part, charges that John Thomas Scopes, heretofore on the 24th day of April, 1925, did unlawfully teach in the public schools of Rhea county, Tennessee, which said public schools are supported in part and in whole by the public school fund of the state, a certain theory and theories that denied the story of the divine creation of man as taught in the Bible, and did teach instead thereof that man is descended from a lower order of animals, he, the said John Thomas Scopes, being at the time and prior thereto a teacher in the public school of Dayton, in the county aforesaid, against the peace and dignity of the state.
To this charge the defendant has pleaded not guilty and thus are made up the issue for your determination. Before there can be a conviction the state must make out its case beyond a reasonable doubt as to every essential and necessary element of the case. The court calls the attention of the jury to the wording of the indictment, wherein it is charged that this defendant taught a certain theory or theories that denied the story of the divine creation of man as taught in the Bible, and taught instead thereof that man descended from a lower order of animals. This statute has been before the court during the hearing in this case, upon a motion which made it necessary that the court should construe the statute as to what offense was provided against therein. The court, after due consideration, has held that the proper construction of the statute is that it is made an offense thereby to teach in the public schools of the state of Tennessee which are supported in whole or in part by the public school fund or the state, that man descended from a lower order of animals. In other words, the second clause is explanatory of the first, and interprets the meaning of the legislature; and the court charges you that in order to prove
