The prosecution incidentally also had an argument from consequences, although it was never employed directly. When Bryan maintained that the philosophy of evolution might lead to the same results as the philosophy of Nietzsche had led with Loeb and Leopold, he was opening a subject which could have supplied such an argument, say in the form of a concrete instance of moral beliefs weakened by someone’s having been indoctrinated with evolution. But there was really no need: as we have sought to show all along, the state had an immense strategic advantage in the fact that laws belong to the category of dialectical determinations, and it clung firmly to this advantage. An irascible exchange which Darrow had with the judge gives an idea of the frustration which the defense felt at this stage. There had been an argument about the propriety of a cross-examination. _The Court_: Colonel [Darrow], what is the purpose of cross-examination? _Mr. Darrow_: The purpose of cross-examination is to be used on trial. _The Court_: Well, isn’t that an effort to ascertain the truth? _Mr. Darrow_: No, it is an effort to show prejudice. Nothing else. Has there been any effort to ascertain the truth in this case? Why not bring in the jury and let us prove it? The truth referred to by the judge was whether the action of Scopes fell within the definition of the law; the truth referred to by Darrow was the facts of evolution (not submitted to the jury as evidence); and “prejudice” was a crystallized opinion of the theory of evolution, expressed now as law. If we have appeared here to assign too complete a forensic victory to the prosecution, let us return, by way of recapitulating the issues, to the relationship between positive science and dialectic. Many people, perhaps a majority in this country, have felt that the position of the State of Tennessee was absurd because they are unable to see how a logical position can be taken without reference to empirical situations. But it is just the nature of logic and dialectic to be a science without any content as it is the nature of biology or any positive science to be a science of empirical content.