The Court—Seat everyone you can, Mr. Sheriff, and those that can't get seats, let them stand around the wall.
The Court—Mr. Attorney-General, come right up here, please. Let me have my docket, Mr. Clerk.
9:22 AM.—Mr. Attorney-General I am calling the case of the State vs. John Thomas Scopes.
The Attorney-General—May I have the papers, Mr. Clerk?
The Court—Hand the papers to the Attorney-General.
The Attorney-General—If the court please, in this case we think it is proper that a new indictment be returned.
The Court—Do you want a grand jury empaneled?
The Attorney-General—Yes, sir, and a new indictment.
The Court—Yes, sir.
The Attorney-General—This indictment has been returned by agreement on both sides, but both sides are anxious that the record be kept straight and regular, that no technical objection may be made to it in the appellate courts.
The Court—Very well.
The Court—Gentlemen: The lawyers that are interested in this case will please have their places behind the tables. Have you any further requests to make Mr. Attorney-General?
The Attorney-General—If the court please, some of the gentlemen interested in this case on both sides, of course, are not entirely familiar with our procedure. I understand the defense wants a little time to consult on some matters, an hour or an hour and a half,
The Court—That shouldn't interfere with the making up of a jury.
The Attorney-General—Not at all. I simply wanted to ask the court as a courtesy to them that they might have a recess for that length of time.
Judge Neal—There are a number of counsel on both sides from out of the state and I would like to have these men introduced to the court.
The Court—Yes, I will be glad to have them.
Visiting Lawyers Introduced.
Judge Neal—Gen. Stewart, I suggest that now would be the time to introduce the outside counsel.
Gen. Stewart—Mr. William Jennings Bryan and his son, both of whom need no introduction, are the only outside lawyers with the state.
The Court—Who are here for the defense?
Judge Neal—Mr. Darrow, Arthur Hays, Mr. Malone and Mr. Thompson.
The Court—Gentlemen: I desire so assure you that we are glad to have you. The foriegn lawyers for both the state and the defendent. I shall accord you the same privileges that are accorded the local counsel and assure you again that we are delighted to have you with us.
The Court—Now let's proceed to draw the jury, gentlemen.
The following grand jury was empaneled: J. B. Leuty, A. F. Odom, T. A. Odom, H. R. Thomas, R. M. Green, Lee Parham, L. N. Rogers, E. C. Byron, Dr. W. T. Green, T. H. Evans, John Rose, foreman; S. P. Hood, T. E. Benson.
After being duly empaneled and sworn, the usual oath being administered, the court gave the following charge to the grand jury:
Judge's Charge to Grand Jury.
Gentlemen of the grand jury, on May 25, 1925, John T. Scopes was indicted in this county for violating what is generally known as the anti-evolution statute. There is some uncertainty as to whether or not this indictment is valid, and, in order to avoid a possibility of it being invalid, I have determined to convene this grand jury for the purpose of reinvestigating these charges. I now use substantially the same charge I gave the first grand jury.
The statute, which it is alleged the said Scopes violated, is Chapter 27 of the acts of 1925, which makes it unlawful to teach in the universities, normals and all other public schools of the state, which are supported in whole or in part by the public school funds of the state, any theory that denies the
