Page:The World's Most Famous Court Trial - 1925.djvu/287

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SEVENTH DAY'S PROCEEDINGS
283

or if anyone thinks it might influence the jury in any way, I have no purpose except to give both sides a fair trial in this case. Feeling that way about it, I will let the sign come down. Let the jury be brought around.

(The sign was thereupon removed from the courthouse wall.)

Mr. Hays—Your honor, before you bring in the jury we have other matters to introduce which might bring up a question you may not wish for the jury to hear the argument on. It will not take very long.

The Court—What is it, Mr. Hays?

Mr. Hays—Your honor will remember that in my argument the other day I insisted there was no such thing as the Bible, that there are many bibles; but the court took judicial notice that the King James' version was the Bible. The court has the right to take judicial notice of other bibles, and I will ask the court to admit in evidence a translation of the Holy Bible from the Vulgate, which I understand is the Catholic Bible, as evidence in this case.

The Court—Is it in English?

Mr. Hays—Yes, sir.

The Court—Let it be filed.

Mr. Hays—We wish to treat as read the first two pages your honor.

The Court—I was just reading to see if there was any difference, for my own edification.

Mr. Hays—Your honor, we wish to introduce as evidence, likewise, the Hebrew Bible; and we are going to ask that the first two chapters, likewise, be regarded as in evidence. And we believe we can show, through these translations we wish read into the record, that the Bible was not accurately translated into English, and of particular interest on the question of evolution.

The Court—Is that in English?

Mr. Hays—That is not in English.

Mr. Bryan—Well, of course, you want it in English.

Mr, Hays—No, I want the translation of my witness, whose affidavit I have read. I offered it in evidence, but very little of it was in my statement.

The Court—Let it be put in evidence.

Mr. McKenzie—They cannot put that in as proof.

Has Right, Perhaps, to Show Other Bibles.

Mr. Hays—We have a right to do so to this extent: That if it should appear that the Catholic Bible is different in any part from the King James version, or that the Hebrew Bible is different in any part from the King James version, we have a right to show it. We should be permitted, in our argument, to show that there is a difference, and that it is not merely interpretative.

Mr. Bryan—If the Jewish Bible is to be used in this trial, I think we have a right to object to him bringing in some particular translations. We can get a Hebrew Bible translated into English. We have one and will be glad to give it to them; but I do not think they have a right to bring in some individual's private interpretation.

Mr. Hays—Our witness would swear to it on the stand that his translation is correct.

Mr. Bryan—I know, but your witness has not been sworn, and his testimony is for the record. If you are going before the jury with this, I submit that you cannot come with your private interpretation, but you should take the Jewish Bible that is used by the Jews of this country.

Mr. Hays—I think Mr. Bryan is right about that. We have here the Catholic Bible and the King James version, and I offer these for the purposes of the record, and to show what the translation should have been, and for no other purpose.

Mr. Darrow—Mr. Bryan, have you your translation here?

Mr. Bryan—I have it at the house.

Gen. Stewart—Indictment was based on the King James version of the Bible.

The Court—I don't believe it is worth fussing over. I don't think there is any conflict in it. If there is no conflict—

Gen. Stewart—If there is no conflict, there is no use in discussing it.