because if we make our offer of proof, we reserve the right to make it in open court.
The Court—You have made that, and the court has overruled it.
Mr. Hays—No. The suggestion of the general was that we file affidavits. Instead of filing affidavits we may wish to have the opportunity of stating our offer of proof in open court. We have not made up our minds on that.
Gen. Stewart—You have no right.
Mr. Hays—Are not trials public in Tennessee? Isn't it a part of the trial when we state what we expect to prove?
Mr. Neal—As I understand—
The Court—I have passed upon that when you presented it to me.
Mr. McKenzie—It is not part of the trial.
Gen. Stewart—We cannot meet here Monday morning and spend the whole day in statements—the statements are in affidavit form, and placed in the record.
The Court—I will tell you what has been a practice in my court, for the man whose evidence is excluded, is to step to the court reporter and give the proof, so that the jury does not hear it, and proceed with the trial. That is the way we have been doing. But, they say they cannot do that in this case intelligently.
Mr. Darrow—It is too elaborate.
The Court—But, if the statements are put in, in open court, why not make them today?
Mr. Hays—We are not prepared to do that. As you say, when that question comes up, we want to discuss it, but the General wants to discuss it before it comes up.
Gen. Stewart—I don't want to spend all next week—
Mr. Hays—Pardon me.
Gen. Stewart—I understand, if your honor please, they do not have a right under our procedure and practice to state in open court what their witnesses will testify to. What would he the purpose of a statement in open court, for the enlightenment of the crowd present? If they want it for the record—
The Court—If the court excluded a statement Monday morning, I could not give them time then to to prepare it.
Mr. Hays—I ask that your honor hear that question Monday morning.
The Court—I will hear it Monday morning. Let the court take a re-cess until Monday morning.
Mr. Malone—Until 8 o'clock.
The Court—Nine o'clock. Nine o'clock Monday morning.
Thereupon at the hour of 10:30 o'clock a.m., of Friday, July 17, A. D., 1925, a recess was taken to the hour of 9 o'clock a.m., of Monday, July 20, 1925.
