Day 1: Jury Selection 

     [The Defense rejects a juror]

    No. 20, J. P. Massingill, duly sworn by the court and examined on his voir dire, testified as follows:
Questions by the Court:
Q--Have you formed or expressed an opinion as to the guilt or innocence of the defendant in this case?
A--From rumors and newspapers--of course, I read. I don't know anything about the evidence.
Q--You haven't talked with any person who professed to know the facts?
A-- No, sir.
Q--Now, Mr. Massingill, could you go into the jury box and wholly disregard any impression or opinion you have?
A-- Yes, Sir.
Q--And try the case wholly on the law and the evidence, rendering a fair and impartial verdict to both sides?
A--I think so; yes, Sir.
Court: He seems to be competent, gentlemen.
Mr. McKenzie--Pass him to you, Colonel.
Questions by Mr. Darrow:
Q--What is your business?
A--I am a minister.
A--I live in Rhea County.
Q--Where do you preach?
A--I preach over the county in the rural sections.
Q--You mean you haven't any regular church?
A--I have. I am pastoring four churches--have four appointments.
Q--Ever preach on evolution?
A--I don't think so, definitely; that is, on evolution alone.
Q--Did you ever preach on evolution?
A--Yes. I haven't as a subject; just taken that up; in connection with other subjects. I have referred to it in discussing it.
Q--Against it or for it?
A--I am strictly for the Bible.
Q--I am talking about evolution. I am not talking about the Bible. Did you preach for or against evolution?
A--Is that a fair question, Judge?
Court--Yes, answer the question.
A--Well, I preached against it, of course! (Applause).
Q--Why, "of course?"
Court--Let's have order.
Mr. Darrow--Your honor, I am going to ask to have anybody excluded that applauds.
Court--Yes, if you repeat that, ladies and gentlemen, you will be excluded. We cannot have applause. If you have any feeling in this case you must not express it in the courthouse, so don't repeat the applause. If you do, I will have to exclude you.
Q--You have a very firm conviction--a very strong opinion against evolution, haven't you?
A--Well, some points in evolution.
Q--Are you trying to get on this jury?
A--No, sir.
Q--Have you formed a strong conviction against evolution?
A--Well, I have.
Q--You think you would be a fair juror in this case?
A--Well, I can take the law and the evidence in the case, I think, and try a man right.
Q--I asked if you think you thought you could be a fair juror?
A--Yes, sir.
Q--You have heard that he is an evolutionist, haven't you?
A--Yes, sir, I have heard that.
Q--And in your opinion he has been teaching contrary to the Bible?
General Stewart--If your honor please, I except to that. The question involved here will be whether or not--not, I apprehend if Mr. Scopes taught anything that is contrary to the Bible--that isn't the question. He has asked him whether or not he has prejudged the guilt of the defendant.
Court--He has a right to know that.
General Stewart--The man has already stated to him that he had no opinion in the case.
Mr. Darrow--Do you think he would be a fair juror in the case?
General Stewart--Yes, I do, if he says so.
Mr. Darrow--I don't.
Court--I think the lawyers have the right to get all the information they can on the subject, and I will treat both sides alike.
Court--Questions by the court:
Q--Have you, in your mind now, Mr. Massingill, a fixed opinion that he has taught a theory contrary to the theory of the Bible as to the creation of man?
A--Yes, sir.
Q--Would that have any weight with you or any bearing with you in the trial of this case if you were selected as a juror?
A--I think I am fair and honest enough to lay aside things and give a man justice.
Court--You may proceed, gentlemen. He seems to be competent.
Mr. Darrow--You now have an opinion that evolution is contrary to the Bible and that my client has been teaching evolution; as you stand there now, that is your opinion?
A--From the information I have in regard to his teaching.
Q--That is your opinion now, isn't it, as you stand there now?
A--Sure it is.
Q--You could change it if you heard evidence enough to change it on?
A--Yes, sir.
Q--Otherwise you couldn't?
A--I have no right to; I don't think.
Mr. Darrow--I challenge for cause.
Court--Well, I want every juror to start in with an open mind. I will excuse you, Mr. Massingill....

[The Prosecution rejects a juror]

Venireman J. T. Leuty was duly sworn and replied as follows to questions asked by the court:
Q--Have you formed or expressed an opinion as to the guilt or innocence of this defendant?
A--No, sir.
Q--If chosen on the jury, could you go into the box without prejudice or bias either way, and try the case on the law and the evidence?
A--Yes, sir.
Court--He is a competent juror.
Examination by J. G. McKenzie:
Q--Mr. Leuty, you say you have been hearing about this case?
A--No, sir, just talk.
Q--When he was arrested?
A--Yes, sir.
Q--And, of course, everybody formed an opinion, and naturally would? That's right?
A--No, sir; I didn't hear any evidence in this case, and didn't form any opinion at all.
Q--You didn't form any opinion from what you heard other people say?
A--No, sir.
Q--And haven't an opinion now?
A--No, sir.
Mr. J. G. McKenzie--We pass him to you.
Examination by Mr. Darrow::
Q--Have you ever been a member of a church?
A--No, sir.
Q--How long have you lived here?
A--All my life.
Q--What is your business?
A--Well, I am a kind of a farmer now.
Q--Here in Dayton?
A--No, sir; I live in Rhea Springs.
Q--That is in this county?
A--Yes, sir.
Q--You have never studied evolution?
A--No, sir.
Q--Are you much of a reader?
A--I read some. I used to read a great deal.
A--Yes, and magazines and newspapers. Used to read books.
Q--You used to read books. And you went to school here, I suppose, rather than where you live now?
A--I went to the public schools in Rhea County.
Q--Did you ever hear anybody talk about evolution?
A--Oh, well, I have heard it talked about when they got this question up.
Q--They never talked about it before down here, did they?.
A--Well, they might in a general way, but people never paid much attention to it.
Q--You have not any prejudice against the doctrine or idea of evolution?
A--No, sir.
Q--You don't know what your neighbors think about this case?
A--I suppose some of them have thought about it.
Q--You wouldn't care what they thought if you were on this jury?
A--No, it wouldn't make any difference to me if I was on this jury.
Q--If you were on this jury it would not make any difference to you what your neighbors thought?
A--No, sir.
Mr. J. G. McKenzie--Challenge by the state.
The Court--Mr. Leuty, we will excuse you.
Mr. Darrow--Have they got a right to do that?
The Court--Colonel, perhaps you don't understand our practice.
The Court--They examine a juror. They pass him to you, and you can examine him and say that you pass him back; then they have the right to challenge him. They have a right to pass him back and then you take him or reject him. That is our practice.
Mr. Darrow--I thought they were trying to put something over on us.
The Court--No, if they tried to I would not let them.
Mr. Darrow--Don't let them.


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