Page:The World's Most Famous Court Trial - 1925.djvu/14

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TENNESSEE EVOLUTION TRIAL

information, colonel, I can—anything you want to ask me.

Mr. Darrow—Thank you.

The Court—I do not mean that I know it all, but I will tell you anything I know.

Gen. B. G. McKenzie—If the court please, about the only thing I know is that Col. Darrow and I are the only two suspender men in the court room.

The Court—What do you say to ordering the extra jurors, summoning them here, and let the names go into a box and be drawn out until the jury is made?

Mr. Darrow—I suppose that would be the regular way, wouldn't it?

The Court—That would be regular, by agreement. Under the law strictly, you would be entitled to a panel—each side is entitled to three challenges in this case—peremptory challenges—that would be six, and twelve men would be eighteen on the regular panel. The regular panel under the law would be eighteen men, and usually, to save time, we put in more names and proceed until we get the jury.

Mr. Darrow—We have got local counsel that doesn't seem to be present. I think I ought to consult him about it.

The Court—Suppose I order 100 men to be here at 1:30 and we can take them out a panel at a time—eighteen at a time, and adjourn until 1:30 and we will proceed at that hour?

Mr. Darrow—Hadn’t you better make that 2?

The Court—Court will adjourn until 1:30.

Thereupon court adjourned until 1:30 p.m.


AFTERNOON SESSION.

Court—Mr. Attorney-General, are you ready to proceed with the selection of this jury?

Gen. Stewart—Yes, sir.

Court—Are you ready, gentlemen?

Mr. Darrow—Yes, sir.

The Court—Do you want the names drawn from the box?

Mr. Darrow—Yes, sir.

The Court—Call them as they are drawn from the box.

Mr. Darrow—Just the panel?

The Court—Examine them, Mr. Darrow, when they are drawn from the hat.

Mr. Darrow—That’s all right.

The Court—All right. Let the sheriff draw them?

Mr. Darrow—Yes, sir.

The Court—You may proceed, Mr. Sheriff.

Jury Is Selected.

Sheriff Harris—W. F. Roberson, number twelve.

Court—Come around, Mr. Roberson.

(The venireman was sworn by the court.)

Court—Are you a householder or freeholder in Rhea county?

Juror—Yes, sir.

Court—You are a householder?

Juror—Yes, sir.

Court—Have you formed or expressed an opinion as to the guilt or innocence of this defendant, John T. Scopes?

Juror—Well, to some extent, judge.

Court—What do you base that opinion on, Mr. Roberson?

Juror—Rumor.

Court—From some witness? Information from some witness, some of them who profess to know?

Juror—No, sir.

Court—General rumor?

Juror—Yes, sir.

Court—And do you think you can wholly disregard your opinion and go into the jury box, and try the case on the law and the evidence, and render a fair and impartial verdict?

Juror—Yes, sir.

Court—I think he is a competent juror, gentlemen, I will pass him to the state first.

Gen. Stewart—The state will take him.

Mr. Darrow—We have the right to examine him?

Court—Ask him anything you desire.

This talesman, W. F. Roberson, was examined as follows by Mr. Darrow, for the defense: