The Court—Of course it would relieve the court of a great amount of work, instead of sitting here and reading them.
Gen. Stewart—I think we are fixing to lose two or three days on these statements, right now if that is permitted.
Mr. Hays—Justice is more important than time.
Gen. Stewart—The crowd is not going to try the lawsuit.
Mr. Malone—We are not talking to the crowd. We are talking to his honor.
Gen. Stewart—Put them in—
Mr. Malone—Let his honor dismiss the crowd, and have your honor and the attorneys—
Gen. Stewart—Why not put them in written form?
Mr. Hays—We feel the prosecution has been allowed to state what the theory of our case is, and we insist at any rate to state our purpose. I am afraid perhaps my methods of explanation may be somewhat confused because after ten minutes of explaining why I prefer to present my offer of proof, and the general explanation, and I have a reason, and I am entitled to do it, as long as my procedure is right according to your state practice, The attorney-general may not like our methods, and suspect our purposes, but we have a right to state them to your honor for ourselves.
Mr. Stewart—It is my desire that these proceedings retain what legal aspect they may. It may be contended that it is going to be a Sunday school class or a chautauqua, if so it is time to adjourn.
Mr. Hays—I take exception. No one on this side of the table talks on the chautauqua.
The Court—It is not my purpose to withhold anything from the crowd, or give anything to the people who happen to be here. It is purely a legal question for me.
I would like to see the holdings in Tennessee on this point, if there are any. In my practice we have not had a big case like this. This is my first case of this kind, perhaps, the first the court has had. Ordinarily, when we offer proof that has been ruled out, counsel for the party against whom the court rules just steps over to the shorthand reporter and gives it to him quietly, with the jury in their seats. Now that is the way we ordinarily do it.
As to whether it shall be put in affidavit or in statement form, I am not prepared to rule.
Mr. Hays—Your honor, affidavits have never been required. I can state from the cases I examined yesterday.
Gen. Stewart—You might be right on that.
Mr. Hays—We already insisted it should be done out of the presence of the jury?
Gen. Stewart—I would object as vigorously as I know how as to the statements being made in open court, It is unnecessary. They are being made for the appellate court and whether verbal or written mkes no difference to the appellate court.
Mr. Hays—It may make some difference to this court. He still stated he had an open mind. What is the fear?
Gen. Stewart—My objection is to making a Sunday school out of this at the expense of Rhea county, of the courthouse.
Mr. Hays—It may lead to intelligent thought and that can do no harm.
Gen. Stewart—The fact that it may lead to unintelligent thought may do harm.
Mr. Hays—I don't think intelligent thought ever does any harm, I have a right to make my offer of proof in my own way.
Mr. Bryan—If the court pleases—
The Court—Gentlemen—
Mr. Stewart—Mr. Bryan, if your honor pleases—
The Court—If there is no theory why this should not be—to prevent the court from sitting down and reading this, the court and counsel going to a private room and having this put into the record—I do not mean to intimate that it should be done this way.
The Court—Col. Bryan, I will hear you.
