Fred Foote - The Complete Scopes Trial Transcript

[p. 3] The CourtThe court will come to order. The Rev. Cartwright will open court with prayer.

The Rev. CartwrightOh, God, our divine Father, we recognize Thee as the Supreme Ruler of the universe, in whose hands are the lives and destinies of all men, and of all the world. We approach unto Thy province this morning, we trust with that degree of reverence that is due unto Thy supreme majesty; and with the consciousness of the fact that every good and every perfect gift comes down from Thee, Father of Lights.

We praise Thy holy and blessed name, that Thou hast made it possible for us to approach Thee at all times and in all places, at the throne of Thy divine grace, with the assurance that we shall find grace and help in our time of need.

We are conscious, our Father, that Thou art the source of our wisdom, and of our power. We are incapable of thinking pure thoughts or performing righteous deeds, unaided by Thee and Thy divine spirit, with the consciousness of our weakness and our frailty, and our ignorance, we come to Thee this morning, our Divine Father, that we may seek from Thee that wisdom to so transact the business of this court in such a way and manner as that Thy name may be Honored and glorified among men, and we, therefore, beseech Thee, our Father, that Thou will give to the court this morning a sufficient share of the divine spirit as will enable the court to so administer its affairs as that justice may come to all and that Gods standard of purity and holiness may be upheld.

We beseech Thee, our Heavenly Father, that Thou wilt grant unto every individual that share of wisdom that will enable them to go out from this session of the court, with the consciousness of having under God and grace done the very best thing possible, and the wisest thing possible. And to this end we pray that the power and the presence of the Holy Spirit may be with the jury and with the accused and with all the attorneys interested in this case.

Oh, God, in the midst of all, help us to remember that Thou art on Thy throne and that Thou knowest the secrets of our hearts, and that Thou art acquainted with the motive back of every act and thought; and may we also be conscious of the fact, our Heavenly Father, that there is coming a day in which all of the nations of the earth shall stand before Thy judgment bar and render an accounting for the deeds done in the body, and grant, our Father, that we may have kept in mind the great truth that we are amenable to God, and that Thou wilt search us, and that Thou wilt reward us according to our deeds.

Hear us in our prayers, our Father, this morning, for the cause of truth and righteousness, throughout the length and breadth of the earth, and Oh, God, grant that from the President of the United States down to the most insignificant officer thereof, that the affairs of church and state may be so administered that God may beget unto Himself the greatest degree of Honor and glory.

Hear us in these our prayers. God help us to be loyal to God, and loyal to truth, and in the end of lifes tremendous trouble, may we so have lived and so have wrought in this world, that we may be admitted into the grace of Thy kingdom and Honor, and there, amongst the resplendent glories of a living God, offer praise to Thy glory and grace for ever more. Amen.

Judge Calls Case

State of Tennessee vs. John Thomas Scopes.

[p. 4] The CourtSeat everyone you can, Mr. Sheriff, and those that cant get seats, let them stand around the wall.

The CourtMr. Attorney General, come right up here, please. Let me have my docket, Mr. Clerk.

9:22 A.M.Mr. Attorney General I am calling the case of the State vs. John Thomas Scopes.

The Attorney GeneralMay I have the papers, Mr. Clerk?

The CourtHand the papers to the Attorney General.

The Attorney GeneralIf the court please, in this case we think it is proper that a new indictment be returned.

The CourtDo you want a grand jury empaneled?

The Attorney GeneralYes, sir, and a new indictment.

The CourtYes, sir.

The Attorney GeneralThis 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 CourtVery well.

The CourtGentlemen: 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 GeneralIf 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 CourtThat shouldnt interfere with the making up of a jury.

The Attorney GeneralNot 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 NealThere 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 CourtYes, I will be glad to have them.

Visiting Lawyers Introduced

Judge NealGen. Stewart, I suggest that now would be the time to introduce the outside counsel.

Gen. StewartMr. William Jennings Bryan and his son, both of whom need no introduction, are the only outside lawyers with the state.

The CourtWho are here for the defense?

Judge NealMr. Darrow, Arthur Hays, Mr. Malone and Mr. Thompson.

The CourtGentlemen: I desire to assure you that we are glad to have you. The foreign lawyers for both the state and the defendant. 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 CourtNow lets 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:

Judges 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, normal 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 [p. 5] story of Divine creation of man as taught in the Bible and teaches instead thereof that man descended from a lower order of animals.

This Act became the law in Tennessee on March 21, 1925. This Act in part reads as follows:

Section 1. Be it enacted by the general assembly of the State of Tennessee, that it shall be unlawful for any teacher in any of the universities, normal and all other public schools of the state, which are supported in whole or in part by the public school funds of the state, to teach any theory that denies the story of the Divine creation of man as taught in the Bible, and to teach instead that man has descended from a lower order of animals.

Since the act involved in this investigation provides that it shall be unlawful to teach any theory that denies the divine creation of man as taught in the Bible, it is proper that I call your attention to the account of mans creation as taught in the Bible, it is proper that I call your attention to the first chapter of Genesis, reading as follows: