Page:The World's Most Famous Court Trial - 1925.djvu/183

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FIFTH DAY'S PROCEEDINGS
179

adopted Nietzsche's philosophy of the superman, that he is not responsible for the taking of human life. We have the doctrine—I should not characterize it as I should like to characterize it—the doctrine that the universities that had it taught, and the professors who taught it, are much more responsible for the crime that Leopold committed than Leopold himself. That is the doctrine, my friends, that they have tried to bring into existence, they commence in the high schools with their foundation in the evolutionary theory, and we have the word of the distinguished lawyer that this is more read than any other in a hundred years, and the statement of that distinguished man that the teachings of Nietzsche made Leopold a murderer.

Mr. Darrow—Your honor, I want to object; there is not a word of truth in it. Nietzsche never taught that. Anyhow, there was not a word of criticism of the professors, nor of the colleges in reference to that, nor was there a word of criticism of the theological colleges when that clergyman in southern Illinois killed his wife in order to marry someone else. But, again, I say, the statement is not correct, and I object.

Mr. Bryan—We do not ask to have taught in the schools any doctrine that teaches a clergyman killed his wife—

The Court—Of course, I can not pass on the question of fact.

Mr. Darrow—I want to take an exception.

Mr. Bryan—I will read you what you said in that speech here.

Mr. Darrow—If you will read it all.

Mr. Bryan—I will read that part I want; you read the rest. (Laughter.) This book is for sale.

Mr. Darrow—First, of all I want to say, of course this argument is presumed to be made to the court, but it is not, I want to object to injecting any other case into this proceeding, no matter what the case is. I want to take exception to it, if the court permits it.

The Court—Well, Col. Bryan, I doubt you are making reference to what Col. Darrow has said in any other case, since, since he has not argued this case, except to verify what you have said, it can not be an issue here, perhaps you have the right—

Mr. Bryan—Yes, I would like very much to give you this.

Mr. Darrow—If your honor permits, I want to take an exception.

The Court—You may do so.

Mr. Bryan—If I do not find what I say, I want to tender an apology, because I have never in my life misquoted a man intentionally.

Mr. Darrow—I am intimating you did. My. Bryan, but you will find a thorough explanation in it. I am willing for him to refer to what he wants, to look it up, and I will refer the court to what I want to later.

The Court—All right.

Mr. Darrow—It will only take up time.

Mr. Bryan—I want to find what he said, where he says the professors and universities were more responsible than Leopold was.

Mr. Darrow—All right, I will show you what I said, that the professors and the universities were not responsible at all.

Mr. Bryan—You added after that you did not believe in excluding the reading of it, that you thought that was one of the things—

Mr. Darrow—The fellow that invented the printing press did some mischief as well as some good.

My. Bryan—Here it is, Page 84, and this is on sale here in town, I got four copies the other day; cost me $2; anybody can get it for 50 cents apiece, but he cannot buy mine. They are valuable.

Mr. Malone—I will pay $1.50 for yours. (Laughter.)

Bryan Quotes Darrow in Loeb-Leopold Case.

Mr. Bryan (Reading)—"I will guarantee that you can go down to the University of Chicago today—into its big library and find over 1,000 volumes of Nietzsche, and I am sure I speak moderately. If this boy is to blame for this, where did he get it? Is there any blame attached because somebody took