the people of the state of Tennessee, not only for their hospitality, but for the opportunity of trying out these great issues here.
(Applause and hand-clapping.)
Mr. Hays—For the purpose of the record, may I make a motion here?
Court—Yes, sir.
Mr. Hays—I should like, if possible, that this term of this court be extended for thirty days, in order to enable us to get up a record.
Court—Make the proper motion.
Gen. Stewart—We have an intervening term of the court in August, a regular term. Of course, it can be kept open.
Mr. Hays—I don't know your procedure; we may want you to tell us—
The Court—Under the statutes of Tennessee, the court can allow sixty days to perfect an appeal. Now, I prefer not to allow the whole sixty days in this instance, because that would carry it beyond the meeting of the supreme court.
Mr. Hays—If your honor will allow us sixty days, we will get it up in ten days if we can do that, if possible; but in the event it is not humanly possible, we do not want to be barred. If your honor will give us plenty of time, I assure you we will do everything we can to get it up immediately.
The Court—I suppose you know Mr. Hays, that in Tennessee the bill of exceptions is just a copy of the evidence and proceedings and the judge's charge. Of course, the technical record is then gotten up separately—a copy of the warrant, and motions and decrees and orders—that is part of the technical record and doesn't become part of the bill of exceptions; and that may be made up at any time.
Mr. Hays—If your honor will just protect us on our record, we will leave the whole thing to you. We don't want to be put in a position to lose our rights.
The Court—I believe you can have it ready in thirty days, Mr. Hays; you have had a daily transcript.
Mr. Hays—We will have that, but there has been a great deal of confusion, there may be a chance of having some of it missing,
Court—I will give you thirty days, and assure you that if you are not ready—Let's see, that would be the 21st of August. Just so you can get it ready and get the case to the supreme court in time. You see, the clerk of this court will have to make up a bill of exceptions, unless he can be furnished with a carbon copy. If he could, that woud expedite matters. It would take, I suppose, a week or ten days to copy the bill of exceptions.
Mr. Hays—It was a long drawn-out matter, and it took a long time to try it, and we wouldn't want to be foreclosed.
Court—I will give you all the time I can, I assure you.
Mr. Hays—I understand that you give us thirty days?
Court—Yes, sir.
Mr. Darrow—Then another matter, if the court please, is a petition for the certification of Mr. Bryan's testimony.
Court—I believe you can do that, Mr. Darrow, after you file your bill of exceptions, by going to the supreme court for a writ of error, whereby the record in this case will be certified up there.
Mr. Hays—And then, your honor, I wish to make a motion in arrest of judgment, and I suggest that you give us opportunity to file that in original form.
Court—You will raise the same question that the court has ruled on.
Mr. Hays—I want to raise all the questions raised during the trial. I presume the motion will be overruled, but I want to get that in the record.
Court—Mr. Attorney-General, are you willing to that?
Gen. Stewart—Yes, sir, I am willing.
Court—Let the record show that us the motion has been filed and overruled.
Hays Moves for a New Trial.
Mr. Hays—Yes, sir, and get my exception in. I want to be certain the record is correct; I wish to
