demeanors (not by expressed provision of statute, but in reality), as well as in felonies, and in the very nature of things I regard a violation of this statute as a high misdemeanor, and in making this declaration I make no reference to the policy or constitutionality of the statute, but to the evil example of the teacher disregarding constituted authority in the very presence of the undeveloped mind whose thought and morals he directs and guides.
To teach successfully we must teach both by precept and example.
The school room is not only a place to develop thought, but also a place to develop discipline, power of restraint, and character.
If a teacher openly and flagrantly violates the laws of the land in the exercise of his profession (regardless of the policy of the law) his example cannot be wholesome to the undeveloped mind, and would tend to create and breed a spirit of disregard for good order and the want of respect for the necessary discipline and restraint in our body politic.
Now, gentlemen of the jury, it is your duty to investigate this alleged offense without prejudice or bias and with open minds, and if you find that there has been a violation of the statute you should promptly return a bill, otherwise you should return "no bill."
You may proceed with your investigation.
Whereupon, the grand jury retired and court adjourned to 11 o'clock.
New Indictment Returned.
The Court—Call the grand jury, Mr. Clerk. Whereupon the clerk called the list of the grand jurors.
The Court—Have you a report to make, Mr. Foreman?
Mr. Rose—Yes, sir.
The Court—All right. Is this the final report, Mr. Foreman?
Mr. Rose—Yes, sir.
The Court—I thank you, Mr. Foreman. You gentlemen may be seated.
Gen. Stewart—Now, if your honor please, in No. 5231, I want to quash that indictment.
The Court—You want to move to quash the indictment? In No. 5231?
Gen. Stewart—Yes, sir.
The Court—Let the indictment be quashed. Draw the order, Mr. Attorney-General.
Gen. Stewart—Yes, sir, I will do that, judge.
The Court—Will you please change the number here? Mr. Clerk file this indictment and number it, please, Mr. Clerk number the indictment please and put in on my docket. And put a number on it.
Gentlemen and Mr. Attorney-General, I am calling now for trial Case No. 5232, the State of Tennessee vs. John Thomas Scopes.
Darrow Brings Up Question of Scientists' Testimony.
Mr. Darrow—Your honor, before that I want to have a little talk with the counsel on the other side and the court on the questions of witnesses here, before we do anything else. It is rather informal. Now we have arranged for a considerable number of scientists who will—who are all busy men and we do not want to take them away from their work any longer than we need to, so I thought we ought to get an idea of just how soon we would need them after we start.
The Court—Let me make an inquiry, colonel. You gentlemen are, perhaps, more familiar—you are more familiar with the lines of defense than I. How long do you think it might take to make up the jury? I will inquire from the attorney-general.
Gen. Stewart—Just a minute.
The Court—I just want to—
Gen. Stewart—Of course we cannot anticipate what we might have to contend with, I don't know whether any of these men might not qualify. If we do not have any trouble in the qualifications of the jurors so far as the state is concerned, it will only take a short time. By that I mean to say that it won't consume a day.
The Court—You say a day?
