Page:The World's Most Famous Court Trial - 1925.djvu/32

This page has been validated.
28
TENNESSEE EVOLUTION TRIAL

question I have never studied, General; I have never made a study of it.

Q—You are perfectly competent to try this case here with fairness, aren't you?

A—Why, I would be on that subject, yes.

Q—You wouldn't want to work in such a case?

A—I had not rather work at all.

Q—You would listen to the evidence and—

A—I certainly would try to listen to it as much as I could. I don't know how much attention I would pay to the lawyers.

Q—Well, perhaps you are right about that, but you would try to inform yourself?

A—I would, yes, sir.

Q—Sincerely and honestly?

A—Yes, sir.

Q—Anyhow, if you were a juror you would want to do right and get it right?

A—I would do that; yes, sir; I wouldn't want to do anything else.

Q—You think you are in a frame of mind to do what is right in this case, don't you?

A—I think so, yes, sir.

Q—And do your duty, would you?

A—I would try.

Q—Anyhow, if you thought you would not be perfectly fair you would tell us, wouldn't you?

A—I would.

Q—You haven't anything against Mr. Scopes?

A—And nobody else.

Q—So you wouldn't hold out on him?

A—No, sir.

Q—You haven't heard anybody talk about evolution?

A—General, it has been talked about, especially in this section, since this case came up. I have heard it talked about pro and con, especially since this case came up in this county.

Q—There has been something about it since this case came up?

A—Seems so, yes, sir.

Q—Do you know whether you have heard anybody talk about it who knew anything about it, that you know of?

A—I don't think I have heard anybody talk about it except just generally. I haven't mixed up with the farmers, and the reason I don't know any more about it than I do is perhaps they didn't know much more about it than I did.

Q—That is probably right. Now, let me ask you a little more.

A—Yes, sir; glad to have it.

Q—You are a church member. Are you much of a Bible student?

A—No, sir.

Q—You don't pretend to be very much posted on the Bible, do you?

A—I do not.

Q—And if it was necessary for you to have kept posted, you would not have permitted it to prejudice you one way or another?

A—I have no prejudice whatever.

Mr. Darrow—I can see no reason why I should not take you for a juror. Of course, they would rather not have you on the other side; we are not prejudiced.

A—That is to be left up to you.

Q—Well, you think you can decide it without prejudice?

A—I wouldn't be willing to go into the jury box unless I could.

Q—But you are willing to go in?

A—I prefer not to go.

Q—We understand that. But you think you could be perfectly fair as a juror?

A—Yes, sir.

Q—Unless you would, you would tell me so readily and openly?

A—I do think so, yes, sir.

Mr. Darrow—All right; have a seat.

Venireman No. 1, W. B. Smith, was duly sworn and examined as follows by the court:

Q—Are you a householder or freeholder in this county?

A—Yes, sir.

Q—Are you related to the prosecutor, Walter White, or the defendant, J.T. Scopes, by blood or marriage?

A—No, sir.

Q—Have you formed or expressed an opinion as to the guilt or innocence of the defendant?

A—A kind of one, yes, sir.

Q—The main thing I want to know is whether you have a definite, fixed opinion as to his guilt or innocence?