Page:The World's Most Famous Court Trial - 1925.djvu/50

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46
TENNESSEE EVOLUTION TRIAL

please and if they don't do what you say I will put them out. Gentlemen, we cannot proceed in the courtroom, as many people as there are without absolute order, so if any person persists in being disorderly in the courtroom they will be removed from the courtroom by the officers. I give you warning and I hope you will take this warning and heed it and that no person has to be removed from the courtroom. You want to ask Mr. Gentry some questions?

Mr. Darrow—Just a minute. We want to object. The juror has been passed and accepted and we want to object to any further interrogation.

The Court—The juror has not been sworn and I think either side has a right to interrogate any juror they see proper.

Mr. Darrow—We want to save our exception.

Gen. Stewart—This interrogation, of course, is no reflection on Prof. Gentry.

The Court—You might state why you make this inquiry.

Gen. Stewart—The reason we make it—we make this inquiry to definitely determine as to Mr. Gentry's expression of opinion. It has come to our ears that he had perhaps expressed an opinion and I just wanted to interrogate him about that.

The Court—An opinion as to the guilt or innocence of the defendant?

Gen. Stewart—Yes, sir.

Mr. Darrow—We want to save our objection anyway.

The Court—Yes, sir, that will be overruled.

Stewart Questions Juror.

Gen. Stewart—Have you made any expression of opinion as to the guilt or innocence of Scopes?

Mr. Gentry—I don't know anything about it only what I have read in the papers, not a thing.

Gen. Stewart—Did you make the statement at any time that Mr. Scopes ought not to be convicted?

Mr. Gentry—No, I don't know that I did. I don't remember a thing about it.

Gen. Stewart—You have nothing in mind now?

Mr. Gentry—No, sir, not a thing in the world.

Gen. Stewart—There is no reason why you would not be willing and could not hear the evidence in this case and return your verdict on the evidence alone?

Mr. Gentry—Not a thing.

Gen. Stewart—That is all we care to ask. We just wanted to verify the report we heard.

The Court—Do you want to interrogate the juror, colonel?

Mr. Darrow—No, sir.

Gen. Stewart—There is no reflection on him at all.

The Court—Mr. Gentry, you have an absolutely open mind, no prejudice or leaning or bias either way?

Mr. Gentry—I haven't any.

The Court—None at all.

Mr. Gentry—No, sir.

The Court—And can try the case wholly upon the law and the evidence?

Mr. Gentry—Yes, sir.

The Court—Let the jury be brought back please.

The Court—Let the jury come in. I don't like for the jury to come in under the ropes, Mr. Sheriff, but come over the ropes.

Mr. Attorney-General, are you ready to proceed?

Gen. Stewart—Yes, your honor.

The Court—Very well, sir. Prepare the indictment.

Gen. Stewart—Mr. Clerk, give me the indictment, please, sir. One of the jurors is not in.

A Voice—He will be in in just a minute,

The Court—One of the jurors is not in.

A Voice—He will be in in just a minute.

The Court—You may read the indictment, gentlemen.

Gen. Stewart—State of Tennessee. County of—

The Court—Wait a minute. Is the other juror in?

Gen. Stewart—No, sir.

The Court—Who is the other juror?