Gen. Stewart—So far as we are concerned it will take, perhaps, not a half a day to select the jury.
Mr. Darrow—Your honor, this case had a great deal of publicity, as the court knows, and in any case of this sort—I am not speaking of the locality, but in any locality, with all the publicity it has had, it is very hard to get impartial juries that the law prescribes, and we may get it quickly, but we feel, so far as the defense is concerned, we ought to have pretty full—a reasonable liberty of examination, to see that we do get as impartial a jury as it possible. As people generally have some general opinions on such subjects and I apprehend it might take some little time to get a jury.
The Court—Colonel, is there any reason why we should not proceed with making up the jury? When the jury is made the state, of course, introduces their proof first, then couldn’t you notify your witnesses to be here after the jury is made?
Mr. Darrow—I think so. I assume that your honor and counsel on the other side will be fairly lenient with us at times, if we need it.
The Court—Sure, we will extend you any reasonable courtesy we can.
Mr. Darrow—We are going to try to co-operate with the court and do it expeditiously. Now I am not—I don't suppose the court has considered the question of competency of evidence. My associates and myself have fairly definite ideas as to it, but I don’t know how counsel on the other side feel about it. I think that scientists are competent evidence—or competent witnesses here, to explain what evolution is, and that they are competent on both sides.
The Court—Colonel, when the jury is made I will expect you gentlemen—the lawyers for both sides—to outline your theories in an opening statement and in that way the court can have some ideas as to what the issues are going to be, and, of course, after the issues are made up and the evidence is offered, then the court will promptly rule as to the competency of any evidence that is offered.
Mr. Darrow—Of course, your honor, all I am doing at this time is because our witnesses are generally from a long distance. They get no pay for their time and are busy men, and I don't want to impose on them any more than I need to and, perhaps, if there is to be any question of competency of evidence that could be disposed of some time before we get them here.
The Court—Yes, we could, I take it you might raise the question by a motion, perhaps.
Mr. Darrow—Yes, we could raise it by agreement. I don't think that there is any disposition on the part of either of us to not be perfectly frank with each other about these matters.
The Court—Why not get an announcement from the state as to whether or not they are ready for trial and then I will call on you for an announcement and if you think you will be ready by tomorrow, some time soon, we could proceed in making the jury and when the jury is made, then, of course, if the defense asks for a little delay, I will give it.
Mr. Darrow—Well, just a minute now.
The Court—Yes, sir.
Whereupon the attorneys conferred informally in the presence of the court.
The Court—Have you any announcement for the state, Mr. Attorney-General?
Stewart Outlines State's Attitude.
Gen. Stewart—Yes, your honor. We have just been holding a conversation here for a few minutes, as has been evident. If the court please, in this case, as Mr. Darrow stated, the defense is going to insist on introducing scientists and Bible students to give their ideas of certain views of this law and that, I am frank to state, will be resisted by the state as vigorously as we know how to resist it. We have had a conference or two about that matter, and we think that it isn’t competent as evidence; that is, it isn't competent to bring into this case scientists who testify as to what the theory of evolution is
