Malone was a Patrick Henry that day. He asked whether our children are to know nothing of science beyond that permitted by certain sects. "I have never seen greater need for learning," he declared, "than is exhibited by the Prosecution, which refuses information offered by expert witnesses . . . . Why this feat' of meeting the issue? Mr. Bryan has said this is to be a duel to the death. I know little about dueling, Your Honor, but does it mean that our only weapon, the witnesses, is to be taken away while the Prosecution alone carries the sword? This is not my idea of a duel. .. . We do not fear all the truth they can present as facts. We are ready. We stand with progress. We stand with science. We stand with intelligence. We feel that we stand with the fundamental freedoms in America. We are not afraid. Where is the fear? We defy it. " Then, turning toward Bryan and pointing his Hnger, he cried: "There is the fear!"
The crowd went out of control cheering, stamping, pounding on desks until it was necessary to adjourn court for 15 minutes to restore order.
I was sitting next to the aisle. Beside me was a Chattanooga policeman, one of the squad brought in to protect us from the Ku Klux Klan. As Malone finished, my guard beat the desk in front of me so hard with his club that a corner of the desk broke off. His chief came up and asked: "Why didn't you cheer when Malone made that speech?" My guard replied: "Hell. What did you think I was doing? Rapping for order?"
We had won for the day. Even the hostile crowd was with us.
That night Darrow said: "Today we have won, but by tomorrow the judge will have recovered and will rule against us. I want each one of you to go to the stenographer's room the first thing in the morning and prepare a statement for the press, saying what you would have said if allowed to testify in court."
As we were preparing our statements next morning, Judge Raulston looked in . I was nearest to the door. He asked what we were doing. When I told him, he asked the others in turn. Then he went to Darrow and told him he must not release the testimony: "It might reach the jury." Darrow replied: "Your Honor, you can do what you please with that jury. You can lock it up, but you cannot lock up the American people. The testimony will be released."
When court resumed, the judge ruled against us on all points. Rising and pushing his long hair from his forehead, Darrow spoke slowly and clearly. "The outcome is plain. We expect to protect our rights in some other court. Is that plain?" The judge replied: "I hope, Colonel Darrow, you don't attempt to reflect upon the Court." To which Darrow drawled: "Your Honor has the right to hope." The insult was deliberate. For an instant there was complete silence; then the judge mumbled that he had the right to do something else. A moment later he adjourned court until Monday.
Public reaction to the ruling was emphatic, and Bryan's prestige was shaken. Townspeople admitted to me, one of the "heretics," that they could not understand why Bryan had backed down. They asked: "What can you do now, if you can't talk?"
On Monday Darrow apologized to the Court, momentarily relieving the tension. Then, in order to secure the foundation for appeal, Hays read into the record the prepared statements of the scientific and other scholarly witnesses, and concluded by placing in evidence three versions of the Bible that differed from one another and from the King James version submitted by the Prosecution. Suddenly Hays electrified the crowd with the announcement that the Defense wished to call Bryan to the stand "as a biblical witness."