A—That was a state adopted book, and Dr. Rappleyea said you have been teaching this book? And he said yes. He said if you got the book out of stock, and ask if he had taught this in regard to evolution, since this law was passed. He said: yes, I reviewed the book. And he said: Well, you have been violating the law. He said so has every other man violated the law. He said when it was passed Prof. Ferguson discussed the law that a man could not teach science from any of the books published now without violating the law.
Gen. Stewart—On evolution.
Mr. Darrow—He said biology.
The Witness—Biology.
Gen. Stewart—I didn't mean to prompt him, but he was speaking about that.
Mr. Darrow—Oh, I know you did not.
Gen. Stewart—Q—You say Dr. Rappleyea got the book out. Did he open it and examine it?
A—Yes, sir.
Q—Where the evolutionary tree is?
A—Yes, sir.
Q—Did you say he taught this along with the rest of this?
A—He said he had reviewed that the last two or three weeks of school.
Q—Page 194 of the biology?
Mr. Darrow—Will you read that?
Gen. Stewart—On page 194, where the evolutionary tree is. He said he discussed this with Prof. Ferguson?
A—Yes, sir.
Q—And that was about the time it was passed that he discussed it?
A—When it was published in the papers; yes, sir. When it was being passed.
Q—That was before he reviewed the book?
A—Yes, sir.
Q—Who is Prof. Ferguson?
A—He is principal of the Rhea County High school, Central High school, where Scopes taught.
Q—In this high school?
Yes, sir; under Prof. Rerguson.
Q—Under Prof. Ferguson?
A—Yes, sir.
Q—And Scopes said he taught this book in Rhea county?
A—Yes, sir.
Q—And that was along—well, about the middle of April, you say then?
A—Well, he said that he had reviewed it the last two or three weeks.
O—And the school was out the first of May?
A—Yes, sir; the first of May.
Q—And you are the chairman of the School Board of this county?
A—Yes, sir.
Q—And Scopes told you that he knew of the law?
A—Yes, sir.
Q—And you discussed it with him?
A—Yes, sir.
Mr. Stewart—I think that is all. You may cross-examine.
Cross-examination by Mr. Darrow:
The Court—If counsel for the state will stop; they are talking too loud.
Gen. Stewart—Beg pardon, I didn't get that?
The Court—You are talking loud; the lawyers were.
Gen. Stewart—Just conferring with each other.
Mr. Darrow—I will be very careful while he is looking through it. I will wait.
Q—He showed you a book which has been marked "a civic biology," or entitled "A Civic Biology," which I hold in my hand?
A—Yes, sir.
Q—You were selling them, were you not?
A—Yes, sir.
Q—And you were a member of the school board?
A—Yes, sir.
(Laughter in the courtroom.)
Mr. Darrow—I think someone ought to advise you that you are not bound to answer these questions.
