Gen. Stewart—Your honor, the exception I am making is, he is not entitled to read it, that is from a textbook that has just been adopted, since this trial began.
Mr. Hays—Again on the question of public policy, at any rate I wish to state what I wish to offer in evidence.
The Court—Well, state the substance.
Gen. Stewart—If he wants to get it into the record let it be treated as read. I do not see the benefit of reading it.
Mr. Malone—The jury is not here.
Gen. Stewart—What is the reason of reading it to the court?
Mr. Maione—No, he is reading to the stenographer.
The Court—I think the court should hear what he wants to read, if it is not proper.
Mr. Hays—Referring to page 6 (reading): "Charles Darwin, to whom the world owes a great part of its modern progress in biology, spent twenty years in getting answers to puzzling questions as to how plants and animals came to resemble and to differ from each other. He then published one of the epoch-making books of all time, on "The Origin of the Species." Even if we cannot hope to be Pasteurs or Darwins, we can at least keep our eyes and ears open; we can be constantly learning new and interesting facts, and we may be able to contribute something of real value to the sum total of human knowledge."
Referring to page 463 (reading): "The highest order of mammals, the primates." You will remember we referred to that the other day—"There remains one other group of mammals of which we shall speak, namely, the highest, that to which man belongs. This group also includes the monkey, the baboon and the ape. To the latter group belong the orangoutang, the chimpanzee and the gorilla. Because these animals excel the rest of the animal kingdom in brain development and in intelligence, this order of mammals is known as the primates (from the Latin, meaning first). Some of these animals, ‘while resembling the human species. in many characteristics, must, of course, be recognized as having evolved (developed) along special lines of their own, and none of them are to be thought of as the source or origin of the human species. It is futile, therefore, to look for the primitive stock of the human species in any existing animals.'"
Then, there are questions following for the student to take up. The tenth is, 'What animals belong to the order of mammals known as primates? Why are they so called?”
Also, this book, of course, contains a picture of Darwin, and on the order of primates contains a picture of the gorilla, and this is the book we are prepared to prove was recently adopted by your textbook commission. I want to offer these parts in evidence.
The Court—I will hear you, gentlemen.
Gen. Stewart—What is the purpose of offering that?
Mr. Hays—To show the public policy of the state, trying to prove to the court that this law is unreasonable.
Gen. Stewart—The public policy now, or at the time the law was passed?
Mr. Hays—Both.
Gen. Stewart—When do you claim that book was adopted?
The Court—Both?
Gen. Stewart—What?
Mr. Hays—I am going to ask you to tell me or to call witnesses. I thought you would concede our statement.
Gen. Stewart—I mean since the passage of the law.
Mr. Hays—Oh, yes.
Gen. Stewart—We do not think that is competent. The book involved in this case, along with the other evidence, is Hunter's Civic Biology. The book he reads from now is not the same book that was taught last year in the public schools. What is the name of that book?
Mr. Hays—That is true. I do not claim that it is. The testimony as to the other is here. I claim this book
