ceed $500 in any event. But if you are content with a $100 fine, then you may simply find the defendant guilty and leave the punishment to the court.
But if the proof fails to show his guilt beyond a reasonable doubt, you should acquit the defendant and your verdict should be not guilty.
Under our constitution and laws the jury can have no prejudice or bias either way, but yon should search for and find the truth, and the truth alone, and bring into this court such a verdict you think truth dictates and justice demands.
The Court—Any requests.
Mr. Darrow—Your honor, do we have to take exceptions at the time of the charge?
The Court—If you want additional instructions given.
Mr, Darrow—No, I do not, your honor. The only thing is matters you have already passed on as to what the law requires.
The Court—Just on the legal points?
Mr. Darrow—Yes, just on the legal points.
The Court—-No, the law imposes on the court the duty to charge the law correctly. You do not have to make exceptions at this time.
Mr. Darrow——In our federal court we have to make them at the time.
The Court—Yes, call them to the judge’s attention so as to give him a chance. I wish that was the practice here.
Mr. Darrow—Yes.
The Court—Anything, Mr. Attorney-General?
Gen. Stewart—I think Mr. Darrow has something to say.
Mr. Darrow—-May I say a few words to the jury? Gentlemen of the jury, we are sorry to have not had a chance to say anything to you. We will do it some other time. Now, we came down here to offer evidence in this case and the court has held under the law that the evidence we had is not admissible, so all we can do is to take an exception and carry it to a higher court to see whether the evidence is admissible or not, As far as this case stands before the jury, the court has told you very plainly that if you think my client taught that man descended from a lower order of animals, you will find him guilty, and you heard the testimony of the boys on that question and heard read the books, and there is no dispute about the facts. Scopes did not go on the stand, becanse he could not deny the statements made by the boys. I do not know how you may feel, I am not especially interested in it, but this case and this law will never be decided until it gets to a higher court, and it cannot get to a higher court probably, very well, unless you bring in a verdict. So, I do not want any of you to think we are going to find any fault with you as to your verdict. I am frank to say, while we think it is wrong, and we ought to have been permitted to put in our evidence, the court felt otherwise, as he had a right to hold. We cannot argue to you gentlemen under the instructions given by the court—we cannot even explain to you that we think you should return a verdict of not guilty. We do not see how you could. We do not ask it. We think we will save our point and take it to the higher court and settle whether the law is good, and also whether he should have permitted the evidence. I guess that is plain enough.
Gen. Stewart—That is satisfactory.
The Court—Have you any statement, Mr, Attorney-General?
Gen. Stewart—No, sir; except this, your honor, I want to ask this as a matter of information, did I understand your honor to charge the jury in fixing the fine, if they find guilty, if they were satisfied with the minimum fee, it will not be necessary for the jury to bring in a verdict except simply to say “guilty.”
The Court—I will read what I charged: “Under the provision of this statute in this case, a person who violates the same may be punished by a fine of not less than $100 nor more than $500. If after a fair
