Evening Star Newspaper, July 14, 1925, Page 5

"FRIENDLY TRIAL" BECOMES BITTER Charges of Bigotry and Fling at “Foreigners” Bring Tension in Scopes Case. BY ROBERT T. SMALL. +DAYTON, Tenn., July 14.—This ndly” trial of John Thomas Scopes s become a battle of the wolves. arence Darrow has leaped at the hroat of Willlam Jennings Bryan, ating him with a lash of snarl- ous bigot” he has hurled in b the Commoner, not once but dozens of times, as a clanging hammer would ring on a sledge. Bryan, e has shouted, would set man against nan, brother against brother, and to he beat of the drums and the g glare of lighted fagots would lead the world back to the sixteenth century, With its ning witches, its hatred, tartures, c ies and miseries of re- ious war in turn, has un- on the “invaders” McKenzie, the into = slurring references hodes of New York has been in train- going to “'skin rs alive.” Already ere ructions. Al- cted the feared ele- se. into the fight, warned the attorneys from ‘forelgn that he hasn't got really ma 3 Bryan Sits Silent. Mr. Bryan silent Monday after- noon as Da flung his poison-tip- ped arrows at him. He fanned him- self fur . but made no attem; It was ¥ er, that the not remain silent There was no place al- the first bitter debate motion to quash the voung high school ounds of vagueness, unconstitutionality. onstantly in the courtroom was beginning to become disappointed today not to see B on t courthouse s dawned upon the people at t the real prosecution of young s hands of the circult s in th 3 1, Tom »oks for he on of Senator hi; Stewart, who orld like a young Borah, and wears the same cloak of serious- 0 was disclosed that being reserved for efforts and exhortations. It has been so long since the Commoner practiced law that the prosecution has thought it u ward in e to send him for- the fig which turn upon ies of the law, lest this un- with his subject lead him itfalls set by the wily men of the unregenerate defense. Seek to Get Bryan In. Darrow, Malone, Hays and the local Judge Neal of the defe: have been be ing to Mr. Bryan to “‘come on in."” They have wanted to get him on the griddle. Darrow did everything in his genius at unting—to get a rise out of Mr. an on Monday. He ac cused “the gentleman from Florida of being directly responsible for the anti-evolution law in this State, “this foollsh, wicked and mischievous act.” Darrow was picturesque in his first set appeayance before the hostile Tennessee audience which he faced in the courtroom. For nearly two hours «he swayed to and fro in the burning heat. His coat was off, his broad- banded suspenders served most of the time as slings for his restless hands, his left elbow protruded unassisted from a big tear in the sleeve of a shirt which soon was as wet as if + the lawyer had fallen into the golden stream of the nearby Tennessee River. Darrow was typically a man of the masses, & man of the people. He was not speaking to the spectators, not to the jury, for it had been with: drawn, but was addressing himself to the judge alone, supposedly on points of constitutional law. Pleads for Tolerance. But the audience heard and the audlence understood. The prosecution listened to a man. The court listened. Two stalwart. blue-coeted policemen, on either side of Judge Raulston, stood transficed. Men and women climbgd upon tables. Darrow was daring at es, but he was heard in respectful silence. The fundamentalist outburst of applause on the first day of the trial held no terrors for the defender of Leopold and Loeb. The. Bible he handled with kid-gloved hands. Reli- gion he did not attack. He admitted it had caused more wars and more « sufferings than anything else in the d, but he also admitted it had ght more comfort to hundreds of ons of people. rrow pleaded for tolerance, for a icy of live and let live, for freedom thought and education. He in- hed against bigotry and ignorance 1 each time he uttered the wordd in tones of biting scorn he directed his gaze at Mr. Brvan. The latter fanned bit harder with his palm leaf cooler, gazed back at his accuser, but sald nothing. Mr. Bryan also was a picture. He, 0o, was in shirt sleeves—stiff-bosom ghirt, cut with a low V neck and el- bow sleeves. Mr. Bryan said the shirt was an invention of his wife, who sat with him in her wheel chair. People for Bryan. Daytonians still look skance at tlarence Darrow. Bryan they fairly \ as a man of God. Darrow ve @ smell of brim- s about him. The people 0f the town sympathize with the lady who would not rent her home as a local idence for the attorney—the agngs- tlc—saying she was sire she could not die in peace in a house which had been occupled by “such a-man.” Yet Darrow has appeared mild enough. He has not shielded some of his doubts-about the Bible and about re- ligion in general, but he has asked anew how he or any one man can say what is right when there are 500 Christian sects in the world, all quar- reling_among themselves. The fires have been lighted and Dayton today is tense for the first time since the trial began. % (Copyright 1925.) two of the 181 the Uni Twent; ire still roll. war widows ed States-pension Hotel Inn *Phons Main uu-!'“{gi 604-610 9th St. N.W. $6 weekl; $10.50 rooms, wower and lavatory, $10 m. ) e. Rooms like Mother's LTues?ay Night Health Lecture Capitol Memorial Lecture Room Sthand F MW “Starving While Feasting” By Geo. Cornforth, Lecturer and Dietitian Lecture Free. :00 P.M. 666 is a_prescription for Colds, Grippe, Flue, Dengue, Bilious Fever and Malariay 1t Kills the Gers, $7_rooms, $14 with & in ower—and he is a | __THE EVENING STAR, WASHINGTON, D. C. TUESDAY, JULY 14, 1925. THEY WILL TRY SCOPES FOR TEACHING EVOLUTION Left to right: Dudley Field Malone, prominent New York attorney; John T. Scopes, youmg teacher around whom stirs the Tennessee evolution tangle, and Clarence Darrow, noted Chicago lawyer. Malone and Darrow are allied | with Scopes in the cause of science versus fundamentalism, now being fought out in Dayton, Tenn., courtroom, while an amused and interested world looks on DARROVW iS DEFEATED IN EFFORT TO BAR PRAYER AT SCOPES TRIAL | Judge, After Hearing Argument, Says He Is ‘Pleased’ to Overrule Defense Counsel—Incident Pro- vokes Wordy Battle. |for opening. He went to the counsel {table and inquired as to Mr. Bryan's health. . (Continued from First Page.) Sounsel Fonaamantatism. o o | "Photosraphers were slow in arriv- % rs, Bryan returned the smile and |ing, and at the hour for opening court indicated that she needed no further [ODly one of them had appron:tisted a istance. g | Press table for a tripod support. e Two of the uniformed deputy sheriffs ‘Whispers With Bryan. enforced the injunction against smok- Mr. Darrow came over to the State’s |ing in the room before court opened. counsel table, where Mr. Bryan re- The photographers got their ngngllg s art of after the judge had announc e :r;,:h::er%wssa;elzdaiut!he 15:“{0?:;{ pg, seat | delay in rendering his decision on the by the Floridan and entered into a |Motion to quash the indictment of whispered Qiscussion. | Scopes. .| “If you want to get any plctures, e Dot oBTahere, e e el boys, better take them now.” directe phalanx to the position in front of the judge. “I'll give you 15 minutes.” them and began to snap and grind Jurors Get Further Holiday. their instruments. Mr. Bryan snatch- Excluded yesterday morning, that ed up his white helmet and held it in| tpeir verdict might mot be infidenced front of his face. He lowered it in|py ant” discussion of evelution judi good humor. o cially improper for their ears, mem- Mr. Malone, Darrow's colleague,| perg of the jury gained a full holiday walked by and exclaimed at the con-| extending Into today. ferring opponents: With Judge Raulston’s decision on “I object!” the first defense motion significant to They waved at him. the extent of prolonging the trial or “The Commoner’s” son came to the ending it, today’s procedure was in stand by his father’s side and between | doubt when court opened. The judge the two. carried briefs of opposing counsel and “There 18 the proof of evolution be- | citations of authorities with him to his tween him,” the New York lawyer |chambers to study the situation, in cried in his accustomed jovial tones. | which he has said from the bench Bryan Becomes Angered. “profound issues” are involved. Some one asked Mr. Bryan if he be- Should the motion to quash be de- nied, the jury will be sworn and the leved that Joshua commanded the sun to stand still. defendant’s plea of “not guilty” for- “I will always answer questions mally entered in the record. Opening statements of opposing counsel will asked with an honest purpose,” Mr. Bryan replied with some heat. “But follow. The State was expected to launch its presentation of testimony somebody told you to ask me that question. It is asked with no other against Scopes by sending a number purpose than to insult me. I am get- of school boys to the witness stand ting mighty tired of such treatment.” These lads, students in science classes taught by the defendant at the Rhea The former Secretary of State turned and walked away. County High School, were assembled ‘| by State counsel yesterday, and some The_crowd was not so large today. | of them were in the yard of.the court- The héat contintied ,to be ‘oppressive. |hause.at the opening of.court today. Judge Raulston did not enter court until- a_hal? hour after the hour set: With the State’s evidence presented, a procedure that will require but a EXOLINF ., MOTOR OIL —is insisted upon by those experi- enced motorists who have learned the wisdom and econamy of care- ful selection of their lubricant. SHERWOOD BROS., Inc. J. R. KEENE, District Sales Manager Telephone Main 3904 306 Albee Building leven men of the jury who will de- cide on the guilt or innocence of Prof. John T. Scopes, indicted in the State Court of Tennessee, at Dayton, for teaching evolution in the schools. Front row, left to right: R. B. Smith, J. H. Boroman, J. H. Thompson, M. Day, R. D. Entry, R. F. West and Judge Raulston. Back row, J. G. “'r(h!, J. D. Goodrich, J. W. Kiley, J. \{ Dagly and W. F. Robinson. short time, Attorney General Stewart has announced, the defense will make its second legal fight of the trial—an | effort to gain the admission of scien- | tific testimony into the case. Well known scientists from man sections of the country were in Da ton this morning, with others expect- ed later in the day, and still others to- morrow and Thursday. Dayton folk and the hundreds of visitors from far and near who try to crowd into the courtroom each day were looking forward with interest to the next series of arguments. Conjec- ture was rife as to what speakers | would be heard on the issue of the | competency of the disputed testimon: It was thought likely that Mr. M lone or William O. Thampson, neither of whom has as yet made an argu- ment, would present a part of the con- tentions of the defense. Mr. Bryan and his son are vet to say a single word in the case, and while it was | not thought probable that the Florida fundamentalist would speak at th stage, some well inforgned but unoffi- | clal observers suggested that the Los Angeles lawyer might be heard on this question. Darrow Speaks Two Hours. Mr. Darrow, who has fought sco: of criminal cases in many cour came to Rhea County to make one of | the most earnest fights of his life in a case in which a misdemeanor is charged, and the maximum punish- ment in the event of conviction of his client will be a fine of $500. The Chicago lawyer, who has often pleaded for lives in gravest jeopardy, was desperately in earnest yesterday as he addressed Judge John T. Ra ston in arguing the affirmative side | of a motion to quash the indictment | against John T. Scopes. For nearly two hours Darrow spoke against the statute behind the indict- ment. The Chicago lawyer called it “foolish, mischievous and wicked.” | He spoke of bigotry, and harked back to the sixteenth century as he walked about the bar inclosure and waved his shirt-sleeved arms in emphatic gestures. A few feet away sat Willlam Jen- nings Bryan at the table /of the prosecution counsel. He looked in- tently at the speaker as Darrow said: “A gentleman from Florida, prose- cuting this case, was responsible for the act under which it is brought.” Bryan's expression did not change. For the second court day he went | throughout the session without ad-| dressing a word to the court or oppos. ing counsel. Mr. Darrow began his argument | speaking slowly and with a pronounc- ed drawl. He referred briefly to the | points of the compass from which the case had drawn counsel. ““Within limitations, the Legislature | has the right to determine what shall be taught in the public schools,” he sald. “Back & number of years ago when people were free the people of Ten- nessee wrote a constitution. They made it broad and sald that the people | ould enjoy religious freedom. “There is not a single line of any constitution that can withstand big- otry. Here we find today as brazen and bold an attempt to destroy learn- ing as was made in the middle ages. “If these proceedings in:form and theory,” he continued. then any law, no matter how ignorant and foolish, can be made to prevail. All the guarantees have gone for noth- ing. It is absolutely absurd to think that this patent indictment or any of the proceedings in this case are legal. Declares Act Unconstitutional. “I think the sooner we get rid of it Let us begin at the beginning. The first point we made in this statute is that it is unconstitutional on account of the difference between the caption and the act. ““All the people don’t read the laws. | i Everything that is in an act should be embodied in the caption. Of course the caption may be broader than the act, but the substance of ‘the act must be in the caption.” He then read the caption, stressing the portion, “An act to prevent the teaching of the evolution theory.” “There isn't a word said in the statute in reference to the evolution “The caption says nothing about the Bible or the divine account of the creation. “If a person was interested in the right to worship God as he saw fit, he would find out that chaos and riot would follow in the wake of this bill. | Charges Religious Bigotry. “The intelligent Christian citizens in this country find no conflict between religion and the theory of evolution. “Is there anything in this caption about religion, or about sclence, lit- erature and religion? They went to bed in peace, probably, after reading this caption and woke up to find this | X work of bigotry. ““This is as plain an instance of re- ligious bigotry as any instance of the Spanish inquisition.” Darrow then read the act itgelf, stressing the words, “to teach any theory of the origin of man except that contained in the divine account as taught in the Bible. “That was what was forced upon the people under a caption which never meant it. The State of Ten. nessee has 1o more right to assume that the Bible account of the creation is correct than it has to assume that that of the Koran or Confucianism or any one of a dozen others is the cor- ct one. If the courts of Tennessee stand behind their own constitution these gentlemen will have to arrange their cohorts and go back. “Of all the weird, impossible things, of all the bigotry and ignorance, I can't conceive of anything greater than this law. Says Statute Vague. ! “A statute should be comprehensi. | ble. But does this statute tell what t not? No, no. It simply shall not teach any creation that is_contrary to the di. vine creation. No Legislature in any | State in the Unjon is strong enough | to say what is divine. “What is the Bible? In a general| way I know what it is. I know that there are millions of people world wWho look on it as the Divine | Book. I know that there are millions of people who derive consolation in| times of trouble from the Bible. Good! | I would b to take any a feel just exac says you theory of the on to take it away. I the same of any other | ious creeds | “Instead of fighting each other, as | in the past, the peoples of the dif-| ferent religlons should help each | other.” He then took up a discussion of the different theories of the origin of ma which he said a man must conside before he would know what he could teach. The bill, he said, does not say what a man cannot teach. “It only says that he must not teach anything conflicting with the Bible.” Seeks “Chief Mogul.” “Who {s the chief mogul?” he queried. “Who can tell us just what the Bible means? He ought to write a book and tell us all about it. Dif- ferent sects have been disagreeing over it through the ages, Such a man must know not only everything about the Bible, but all about evolution. No criminal statute can rest that way. Every criminal statute must be plain and simple. 1f Mr. Scopes is to_be indicted because he taught a wiong theory of the origin of lite, why not tell him what he must teach? “Nothing like that was ever known of until the fundamentalists made their brave charge upon the intelli- gence of the people of Tennessee. “When we rpeasure science by something we knpw just what we are measuring it by, no man could obey an indefinite law; no court to en- force it. “Now, let’s look at this indictment. If this is a good one, then I have never seen one.” With one finger through his sus- penders, standing well back on his feet, Darrow then read the indictment. Charges Blow at Thinkers. “Scopes is here because the funda- mentalists are after everybody who thinks. He is here because ignorance and bigotry have combined. But the State must tell him why he is here by indictment. “After the shooting is all over here and Scopes has paid his fine some one may indict him all over again. substance can prevail in this section 1334 F Street Our New ‘Address Will Be 612 13th—West Side Next to Droop’s Music House ABOUT TWO WEEKS MORE OF THIS ALL-IMPORTANT REMOVAL SALE Bargain Tables Are All Over the Store Men’s Shoes Women’s Shoes Children’s Shoes ‘Wel are determined to move .stock at any cost—the reduc- tions show that. EDMONSTON & CO. ANDREW BETZ, Manager One thing I have never been able to ON ALL FOOT TROUBLES, account for is the hatred snd venom of some people of very little religious convictions. Tennessee like this one I have never been able to find it.” declared the place the crime was com- mitted was not defined inhthe bill ;)r 5 tter for the State.|what doctrine he taught that was in el et R conflict with the divine account. detall concerning the technical phras- ridicule and speaking with scathing man for being no good,” he said. islation that human malice can con- coct 18 vold because of its section 13, section 12 and section 3. shall protect science, learning. structicn the attorney general gave to mitted the doctrine of education. I presume that when it is committed to education it means the teaching of of the State of Tennessee. absolutely void, because it conflicts with the right to worship freely. Of course, they may be caught in a trap by the fundamentalists. But if they are free they may go together along some lines, but certainly will conflict along others. ion?, interfere with company religious 1ib- erty. and I believe in evolution. Legislature say that you cannot read a book or take a lesson in evolution | without first ascertaining whether it | conflicts with the Bible? Declares Intelligent Are Evolutionists. them by the fundamentalists. i [c——=[o[c——=[o[c——=lole——sualo|——xlale——xlal———2lol ——— ol ———la] “If there is another indictment in Rereading the indictment, Darrow Ridicules Indictment, The defense attorney then went into ng of the document, subjecting it to “You might just as well indict a “‘This legislation and all sinilar leg- “Section 12 provides that the State | literature and I want to say that the con- hat section is correct. ““The State by constitution has per- he truth. That indicates the policy | “But we insist that this statute is BSays Free Minds Differ. “If this section of the constitution | of Tennessee cannot be sustained in the spirit it cannot be sustained in the letter. Free minds don’t think alike. 'HANDS OFF" POLICY ADOPTED BY TIGERT U. S. Commissioner of Edu- cation Says Question Is Up to Tennessee. Without a representative, official or unofficial, at the Scopes trial in Day. hibiting the teaching of evolution hangs in the balance, the Federal Bu- | reau of Education, although it is the Government agency for all education in the United States, is as unconcerned in the outcome of the ‘“evolution” trial as if the history-making case were being tried in the Sahara Desert Even though Dr. John J. Tigert, Unifed States commissioner of educa- tion, is a native of Tennessee and a graduate of Vanderbilt University, in the heart of the State, he is the head of a great Federal agency and as such cannot take sides with any question which involves the right of a State to set up laws for its citizens. This is the way the bureau views the trial ! at Dayton, even though Scopes taught | evolution to his pupils from a book which is in wide use throughout the | United States and which has the tacit sanction of the bureau. “No matter which way this bureau “Nothing else has caused the dif- ference of opinion, the hatred and | & cruelty that religion has caused. There | the theory of evolution or whether are more sects in the world than man | it announced its position as on the can numerate. 500 sects and creeds of the Christian | those who would level shafts of criti. religion. | fros the Mohammedan the right to | one for the State to decide, and I! live here and hold his religious creed? | cAnnot see where the Iederal Gov. Man the Buddhist come here and bring s There are more than creed? Or the Confucianist? Where is the freedom of religion opin No act should ever be passed to Suppose I am a pseudo- ntist an the “Here 18 the State of Tennessee 1t ng quietly among the mountains, go- ng along about its own business, You shall teach and what you hall| CAchinE evolution, professors in col | rible doctrine of evolution. ege, teachers in schools, ministers and a great percentage of the intelli- gent people of Tennessee are evolu- tionists. “They had not thought it necessary to give up their church because they believed that things formed in a unit, but that they ha |evolved through in thelthey had reachfd their present stage. had not been vasious stages until And then this bill is forced upon It is a travesty upon language and con. tion to say that any citizen of Tennes- e last one in the world | sce shall be tied down by this atotnes “Your life and mine and the life of every American citizen depend upon | the tolerance of his fellow man. If men cannot live and let live no man's life is safe. “Where 15 the man wise enough to make people go to Heaven if they don't want to do 1t? Hits Class Legislation. The Legislature has the right to ¥ what shall be taught in the pub. lic schools within limits. But they certainly cannot say that every one must believe in the Bible account of | creation. How {s it that the caption of a bill can make it a criminal offense to teach evolution and the body of the act an offense to teach something (else? How does this come under the police powers of the State? “The laws must be uniform, other- wise they would be passing laws against Congregationalists, Unitarians or almost any one. ““This act applies to the teachers in | cast its opinion,” Dr. Tigert said to- ‘“‘whether it favored or decried | fence awaiting proof, there would be |cism at such action. The issue is public scnools. I do not question the right of the Legislature to fix the courses of study. But the Legzislature has no power to pass a criminal stat. ute which applies to the school teach- | ers and to no others. Says Bigotry Makes Fiends. “They can’t make it a criminal act |to teach evolution and permit books | of evolution to be sold in all the book | stores. Nor, if the law is constitu- nal, can they permit foreign publi- cations to be bootlegged into your peaceful community teaching the hor- | “Nothing turns the minds of human beings into fiends like religious ha- red and bigotry. If today we can ke it a crime to teach it in the high | schools, next year you | can prohibit books to be circulated, and later you can lead to such a point that you will set man against man, |and send Protestants against Catho lics.” He pictured the possible conse- quences of such action graphieally, in concludingd his argument - Chair Caneing Porch Rockers Splinted { Low Price. Quick Service. NUF-CED | Clay Armstrong 1233 10th St. N.W. ton, Tenn., where the State law pro-| can bar fit| from the private schools; the next you | 5 ernment can take sides one way or another. Certainly the Bureau of Education will take no stand in the matter.” Deeprooted in the hearts of the Tennessee folk is a simple and abid ing faith in the teachings of the Bible that no argument or verbal ges. ticulations can shake, Dr. Tigert said Planted in them from childhood and untainted by the latter day theor of Darwin is the thought that the Bible is their creed and that it would be blasphemy to doubt its teachings Their faith is devout, their creed simple, he added. Dr. Tigert grew up in the fundamental atmosphere and, although he has studled at sev eral educational institutions in this country and abroad, well remembers the simple faith of the Tennessee folk. She Says “No” Meaning “Yes” ! | Even if her lips say “no™—her heart thrills with anticipation of a real diamond. 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