Evening Star Newspaper, July 17, 1925, Page 5

THE EVENING STAR, WASHINGTON, SUIPES LAWYERS REAL DEFENDANTS Teacher Lost to Sight While State Assails Rival Counsel. BY ROBERT T. SMALI DAYTON, Tenn., July country ha en misled by lution case. There is only prisoner at the bar—one real men on trial ar Clarence Darrow of Chicago. Dudley Field Malone of New York. Arthur Garfield Hays of New York. One would be inclined to add the fourth member of defense counsel, Judge John Randolph Neal of Rhea County, to the list of defendants, but the home folks just s k that he has fallen into bs and 18 more to be pitied Judge Neal insists, however, that he {8 just as black-hearted an evolution st as any of the rest of them and wants to sink or swim with his brother lawyers. Scopes Lost to Sight. Scopes w lost sight of a long time ego. Even Judge Raulston had to count lenie, meenie, mine: mo’ vesterday to find if he was in the courtroom. The prosecution for days has been whaling the life out of Darrow, Ma- Jone and Ha their views, their be. liefs, their modes of life, the thing: they have done and the things they have left undone, until all the coun- tryside is convinced there is no health in the trio and that they ought to be placed in jall for the good of the public morals and religions. & word has been spoken of Scopes. Occaslonally his name creeps in, but when it does every one in the court- Yoom appears puzzled and L‘oncern_ed. ‘Willlam Jennings Bryan has point- #d the finger of scorn and hatred @&t Clarence Darrow and has pilloried him before the citizenry of Rhea County as the defender of Leopold and Loeb in one of “the most das- tardly crimes ever committed in_the United States.” He has accused Dar- row of heing one of those to deny the virgin birth of Christ, to scoff at all of the miracles of the Bible. Darrow and his likes would send the children of the country home from their schools skeptical, infidels, 08S- ties and atheists. 5 Defense Is Tainted. Other members of the prosecution have taunted the lawyers from Chi- cago and New York, have by implica tlon accused them of wanting to cor- rupt the State of Tennessee and all its people. The lawye: have been herded in the prisoner’s dock. Their deeds and misdeeds have been spread | into the records of the trial and sent broadcast by radio through all the| tength and breadth of the land And so n the people hereabouts will listen to the verdict, not with regard to the effect it may or v not have upon the fate and fu- ture of one John Thomas Scopes. but as to whether or not the “foreign lawyers” for the defense have been able to get away with their fell doc trines and shocking beliefs. Darrow, Malone and Hays will be “guflty” or “not guilty” as the 1 good men and true may decide when eventually, if ever, the case reaches their hands. One was inclined to| believe a day or tws ago that there might not be a xibbet in east Tenn see high srough for the daring Da oW, the mellifluous Malone and the | Yard-hearted Hays, but that spon-| taneous outburst in the courtroom which greeted Malone at the conclu- wion of his impassioned plea for the light that biblicial students, scientists @and physicians might throw upon the troubled case has been accepted as at least an amelioration, if not a re- vulsion, of pub nt Defense Is Skillful. The defense has been skillful in its maneuvering to put Mr. Bryan and the State in the position of ng to shut out all effort that a man may be an e and still have abiding f Holy Scriptures. This narrow has not appealed deeply to the of fair play, which is held as s here as in any other p: of the land, and that perhaps is v the Ic pected exhortation from Mr. seemed to fall so very flat and why the applause and the shouts of ap- proval which he had had every right to expect went inste who followed in the w time boy orator of the ‘Bryan had been expected by the Da ton poputace to nail the hated coun- sel for the defense to the cross, to sear them in the rging flames of his forensic fir But Mr. Bryan, it has been evident | since the very beginning of the trial, has not been at ease o his best The courtroom is not his forum. He has found virtually impossible to nddress the court and Your honor.” Instead he has turned to the | crowd and said “My ends.” N 1 may fror n on as be platform and in the pulpit these many years Mr. known how to best the he audience or a national but the ed wits of the opposi lawyers in this have bitten | home, have found all but dr-' Fenseless, as a prizefighter too tired | mnd distressed to raise his guard | ngainst ceaseless attack | Speech Hurts. Mr. Bryan's position has been made | all the more difficuit © of the | fact that before the trial started he | esserted in a public speech that this | was to be & duel to the death between | the forces of evil and the forces of | good. Even in the courtroom itself | he has characterized the trial as a | struggle between religion and irre- liglon—""Issue between the unbeliever | and the revealed word of God.” And | “STANDARD" GASOLINE conven Advance | would be | certainty SCIENTISTS BARRED AS SCOPES WITNESSES, UNLEASHING STORM Darrow and Judge Clash—Former Gives Latter “Right to Hope’® He Is Not Attacking Court in Torrid Remark. (Continued from First Page.) the Bible." But the defendant is not content to agree with the State in its theory, but takes issue and says that before there can be any conviction the Ste must prove two things. irst, that the defendant taught tion in the sense used in the ute; Second, that this teaching was con- v to the Bible. That these are questions of fact, that the proof must show what evolu- tion is, so that the jury may determine whether evolution as taught by the defendant conflicts with the Bible; that is not merely what the defendant or what the book taught and that they -annot do this without evidence. That is, that the defendant must have taught the descent of man from a lower origin of animals and a theory contrary to that of divine creation as taught by the Bible. That the teaching of either would not be crime. Holds Theory Truth Valueless. Now upon these issues as brought up it becomes the duty of the court to determine the question of the ad- missibility of this expert testimony of- fered by the defendant. “It is not within the province of the court under these issues to decide and determine which is true, the story of divine creation as taught in the Bible, or the story of the creation of man as taught by evolution. If the State sistence, it is imm the results of this case are concerned, as to which theory is true; because it is within the province of the legisla- tive branch and not the judicial branch of the Government, fo pass upon the policy of a statute and the policy of this statute having been passed upon by that department of the Government, this court is not fur- ther concerned as to its policy, but is interested only in its proper inter- pretation, and, it valid, its inforce- ment. “Let us now inquire what is the true interpretation of this statute. Did the Legislature tean that before an accused could be convicted the States must prove two thing: “First, that the accused taught a theory denying the story of divine creation as taught in the Bible; cond, that man descended from lower order of animals. correct in its in- terfal, so far as See Two Courses Possible. “If the first must be specifically proven, then we must have proof as to what the story of divine creation is and that a theor s taught denying that story. But if the second clau: is explanatory of the first, and speaks into the act the intention of the Legis- lature and the meaning of the first clause, it would be otherwise. ‘To illustrate, when the Legislature | had provided that it shall be unlawful to teach a theory that denies the di vine story as taught in the Bible; and then by the second clause merely clar- ifjed their intention and that the real intention provided by the statute, taken as a whole, was to make it uniawful to teach that man descended from a lower order of animals, then there no such ambiguity and un- as to the meaning of the atute and as to the offense provided against, as to justify the court in calling in expert testimony to explain. “The court will seek the ald or opin- ion of expert evidence only when the issues involve facts of such complex nature that a man or ordinary under- standing is not competent and quali- fied to form an opinion. “In_Tennessee an_act should be vet Mr. Bryan has fought to the bit- ter end to keep out of the trial every- thing except his own conception of religion, his own int tation of the Bible. Other views, as said, have no_place i the case. It is small wonder that the defense been able to hurl at the head of prosecution the charge ‘of being d to meet the issue; small won der that Malone should win applause when he sald that he did not recog- nize his old chief, Mr. Bryan, in his new psychology of fear. The State feared to let the jury hear of the liminary discussions, the defense eaded to let the jury hear all idom has been so dramatic a in a court of law, as when Dudley Fleld Malone, in tones of ntor, shouted: We ‘are ready for the battle; we are ready for the duel; we are un- afraid.” And then the final touch, pointing trembling finger at the Great Com- oner: here is the fear WILKINS BREAKFAST construed so as to make it carry out the purposes for which it was enacted. Intent Exceeds Letter. “The legislative intent will prevail over the strict letter and in order to carry into effect its intent, general terms will be limited and those which are narrow expanded “In construing a statute we must look to the uct as a whole, to the ob ject with which it des and the rea- son and the spirit of the enactment, and thereby, if possible, discover its real purpose. The meaning must be determined, not from the special words in a single sentence or section, but from the act taken as a whole, com- paring one section with another, and viewing the legislation in the light of its general purpose: “In the act involved in the case at bar, if it is found consistent to inter- pret tha latter clause as explanatory of the legislative intent as to th fense provided against, then, wh experts. The ordinary, non-expert mind can comprehend the simple lan | guage, ‘descended from a lower order of animals.’ " iees No Ambiguity. “These are not ambiguous words or complex terms. But while discu ing these words by way of paren- thesis, T desire to suggest that I be- lieve evolutionists should at least show man the consideration to sub- stitute the word ‘ascend’ from the word ‘descend.’ “In the final analysis, this court, after a most earnest and careful con- sideration, has reached the con- clusions that under the provisions of the act involved in this case it is made unlawful thereby to teach in the public schools of the State of Tennessee the theory that man de- scended from a lower order of ani- mals. If the court is correct in this, then the evidence of experts would shed no light on the issues. ““Therefore, the court is content to sustain the motion of the attorney general to exclude the expert testi- ‘mony, the purpose of which is to ex- plain ‘the origin of man and of life in this world.” Darrow Arrives Early. Darrow came into the courtroom 20 minutes before the hour for resuming the trial. He carried an armful of mail. All principals in this case daily recefve voluminous mail. Scarcely @ dozen seats remained un- occupled 15 minutes before 9 o'clock, the convening hour. | Mimeographed coples of a report on | | Tennessee's natural was | | distributed in the courtroom b Vil- | bur A. Nelson, State geolog | Nelson has been sworn He is president of the iation of State Geolc Mrs. William Jennings Bry |the scene of the trial before her hus | pand and son ! Many spectators occupied the inter- | val before court opening by reading | | newspapers, which come here from | every part of the country. Perhaps | half ‘were women Courtroom Cooler. George W. Rappleyea, close friend of the defendant, told reporters he had been summoned to answer a charge of | speeding before the town court late | today. | R. S. Keebler, Memphis attorney, | whose address on the evolution issue | was expunged from the records of the | Tennessee Bar ion recently, | conversed with young Scopes. | Mr. Bryan and his son soon came in The fundamentalist champion began to open telegr: | Judge Raulston, accompanied by his and two daughters, 9:15 o'clock ""A__thunderstorm _which passed | sources as a defense | Na- | ists. || Hands Off China Protest } Meeting Will Be Held July 17, 8:30 P.M. | __Playhouse, 1814 N St. N.W. ™ Speakers—Rebecea Grecht of Chicago, H. China (former editor’ Haln-Wen). und David Howatt of ||| Washingion: The Public Is Invited Lou of Peking, whole wheat the whole wheat, in a with butter, soft cheese SATURDAY Summer Dresses ‘Handmade voiles, llnal;:. ‘broad- cloths and swiss. Reducet from $9.95 and $12.50.... $4'45 23 Spring Coats Light and dark cloths, mostly silk lined. Reduced from $10 §20.50 and $39.50. ........ Striped Silk Frocks Washable, large sizes, _light grounds, % sleeves. Re- $7_95 duced from $1. 6 Georgette Coats Black and plain white, some fur- bordered. Reduced from 315 $25.00 .. 19 Wool Bathing* Suits All colors and sizes, new models, 1. Red da f ;g.)go % educed from $2_95 10 Silk Ensembles Plain coats with pretty printed or plain dresses. Re- 318_65 duced from $39.50 Crisp shreds of cooked TRISCUIT The Shredded Wheat Cracker All the food in the whole wheat, all the bran in more you chew it the better. It tastes delicious 1300.G.ST, NW. One of a Kind Dresses and Coats at Sacrifice Prices. to Your Advantage to Come Early to Get the Best Bargains EVOLUTION ISSUE UP IN INDIANA SCHOOLS Dismissed Principal Appeals on Grounds He Used State Text Books in Teaching Theory. By the Associated Pres INDIANAPOLIS, Ind, July 17.— Whether evolution can be taught in the public schools of Indiana, which are under the jurisdiction of township trustees, was raised by Ralph H. Deen, former principal of the Orlole High School, Perry County, who has taken his discharge up with the State super intendent of public instruction Deen submits that he merely taught evolution as it is contained in a text book adopted by the State board in 1923. Deen s that A. V. Doogs, trustee of Oil township, took exception to the teaching. Dr. Henry N. Sherwood, State su- perintendent of public instruction, de- clared that so far as the State Depart- ment is concerned it can offer no relief for Deen, as township trustees may dismiss teachers whenever they see fit. Trustee Doogs denies the questiqn of evolution was involved in the dis- missal and said he had offered the principal a lower salary and that Deen declined to accept it through the valley last night, bringing showers in its e, had cooled the air, and as court opened a breeze add- ed to the comfort of the spectators, who, during the previous sessions, had been sweltering in the Midsummer heat. Echoes of the oratorical yesterday still were heard today in the conversation of spectators who crowded the courtroom during the fight over the competency of expert testimony. Thelr points of contention were being widely discussed. Attorney General Stewart, in_ clos- ing for the State, declared that if the issue were hetween sclence and re- ligion, he wished to announce that he was emphatically on the side of re- ligion. He deplored that Mr. Darrow, whom he referred to as “the greatest criminal lawyer in the country,” had “joined himself with the forces which were striking their poisoned fangs at the very bosom of Christianity.” Mr. Malone, who finished the de- fense’s argument, pleaded with the court to permit the submission of ex- pert testimony in order that court and jury might receive light on a subject little known to the unsclentific mind He sald he spoke in behalf of the school children of the Nation and in defense of the teaching profession. Mr. Darrow. hafled by Malone as battle of Bacillus Acidophilus Milk For Intestinal disorders Ask your physician about 1t Prepared by the NATIONAL VACCINE AND ANTITOXIN INSTITUTE 1515 U S Special $ . Excursions .00 Round Trip SUNDAYS JULY 26, AUGUST 9, 23 SEPTEMBER 20 SPECIAL THROUGH TRA Via Delaware River Bridg Eastern Standard Ti) Leaves Washington 1 Returning, leaves <. C. Ave., the attorne: on the evidence issue. The prosecution’s presented first by Bryan, jr., wh Hicks, McKenzie, Wiiliamn Bryan and the attorney general The elder Bryan opened b that he had mnot thought before in the trial to take the discussion. He felt, that in dealing with law the State's authorized should speak. “But today,” said Mr. come to a decislon on which lengthe of this trial will depend the court holds, as we feel it shoulc hold, then we r the case is nearing the end. contention William was followed he said Bryan, “I have been tempted to speak,” he|to re: | said, “but have resisted the tempta *on."” The speaker said ferred to by almost on the other side. “I have been charged,” he sald with being the i bigotry question the he had been ever; re is so impa religious and ant tween eligiou: that even the invoking of divine bless- ing par upon san.' he statute de the people of Tenn defined terpretation. “That there might be no ambiguit no contuston of thought, the Legl ture was careful to def at meant by the first ps “If the teacher taught was a descendant of any of life he violated ihe statute, we have the con! ion of the fendant (that he knew that he violating' the law."” it has been regarded es exactly what ee intended anc that lower Cleaned Shampooed | Scoured ‘Washed Stored Sanitary Carpet Cle. Co. Phone Lincoln 1481 & Lincoln 7638 was Jennings by Jennings ing it proper part in proper representative “we the | 1t sonably expect that 1ttorney arch-conspirator in | be- | unlawful and needs no in- was | t of the statute. man | form | and | de- was D. O, FRIDAY, JULY. 17, 1925, ather of the group of defense did not address the court The speaker recalled the testimony of Walter White and F. E. Robin- son, intended to show that Scopes did know what the law meant and real- ized that he was violating it. Experts cannot be permitted to come into this court-and testify that it is not a bad doctrine. This is not the place to say that the law should not have been passed. The Legis- lature is the place for that advice to .| be given. 1¢ they (the experts) had half the tion for Tennessee indicated by would have lature. affe their presence here the: appeared before the Leg! “It any State, New York for in |stance, from which the pressure 1| comes to prevent the enforcement of this ssed such a law and Tenne: sent men to New York | , their presence would have i[|All Day Saturday WONDERFUL BARGAINS CREERON | Millinery Co. Store Open Till 2 P.M. Saturday REMOVAL SALE REMNANTS Choice of All Women’s White Canvas Oxfords and Strap Pumps ' $2.10 Mostly Narrow Widths Bargain Tables Echo the Force all over the House of our Reductions Men’s Shoes—Women’s Shoes Children’s Shoes cts on sale two days prece h_excursion_at City Ticket Of Pennsylvania Bldg., 613 14th N.W., and Union Station. Pennsylvania Railroad The only all-rail route to the seaxhore digestible form. The or marmalades. SPECIALS It is Smart and Clever SUMMER DRESSES $1 2.00 Formerly Priced $19.95, $24.75, $29.50 Every Dress a Breslau Creation New styles in long and short, sleeves, Printed crepe de chines, flowered georgettes, imported hand-embroidered linen, flat crepes, striped silks, imported laces and white dance frocks—every new color—every new style. At the $1 and $2 ‘White and Light Shades All Summer Hats Breslau’s Friendly Shop, 1309 G Street N Price of Record Breaking $12 EDMONSTON & CO. (Incorporated) 1334 F Street * DVISERS AND AUTHORITIES ON ALL FOOT TROUBLES ANDREW BETZ, Manager Saturday ... Only Especially reduced items that will bri ng many new faces to our store before the Saturday closing time, 2:30. $2.50 to $4 Men’s SHIRTS $145 3 for $4 AN sizes from 14 to 17%, inelud- tng some whites. Satur- day only .... $3.50 to $6.00 Men’s WHITE SWEATERS e e o $ N 45 to closs out— . slipover style ‘with fancy necks. Sizes to 40s. SATUR- DAY ONLY... Regular $20 Men’s SPORT COATS Enitted Coata to wear with flannel $16 and $12 FLANNEL TROUSERS Gray and white —emall sizes— small men should take ad- 3 vantage of this saving. SAT- URDAY ONLY Remember Satu.rday Only and Only Saturday Until 2 P.M. 1325 F STREET r@sm@rg The House of Kuppenheimer Good Clothes thi: % Y2 had sent men to New Yor test and testify prohibition Jaw, have considered thing as to the would not this_imprope: not a place for expert testi- | " he insisted. e text book the very State. “Has it come to minority in Tennessee can take the education of the children out of the hands of the parents of the children w York | aske in evidence states that is outlawed a time that the w York | wry, law,’ | the 1 |outlawed authorization “Th to pro-|who atternd the public schools?” law thing contrar: momer became he said, book supersedes school exactly the text "he law of w in statute es that man was lower £ ated the statute.” Home of the “2-Pants™ Suit and the Ice “Cold” Lemonade Saturday Store Hours, 8 to 2 during July and August—attractive Vaca- tion" sales prices on quality merchandise will tempt you for these six busy hours. in the morning. See you “Radio Joe™ “Vacation™ Sales 1,000 Perfect $2.50 and $3 EMERY SHIRTS ... .. $1.25 Perfect Fitting Knee UNION SUITS ....... 50c FIBER (glos) HOSE .. ... In Solid Colors and Fancy Desxg‘ns $4.50 All-Wool California Style, One-Piece BATHING SUITS . ...... $6 and $10 TROPICAL WORSTED g AND MOHAIR TROUSERS ...... PALM BEACHES ... MOHAIR SUITS ..... TROPICAL WORSTEDS Your size is here in slims, shorts, stouts D. J. Kaufman I OPEN at the Family § 1005 Pa. Ave. ALL DAY . $1.69 - 95¢ 3 for $2.75 3 for $1.00 53.‘.’9 4‘65 Cool as a Cucumber 1724 Pa. Ave. SATURDAY Store Prices Are Tumbling Throughout the Store! The Sale for Women $4.65 Former prices, in some cases as high as $10—many others $6.50, $8.00 and $9.00 grades. All Leathers, in- Satins — White Sport Shoes —Novelties and Everyday Styles— Oxfords, cluding Pumps, Sandals. All Sizes and Widths Men's $6.00, $7.00 and $8.00 Oxfords, in all leathers. ... The Sale for Children Over 1,000 Pairs Growing Girls’ Misses’ and Children’s Pumps and Oxfords All leathers, sizes and widths in entire lot. Former prices disregarded. $1 Si 35, $1.95, $2.95 zes,0 to 8, 813 t0 2,215 to 7. A reduction of more than one- half! Boys’ Oxfords §4 and §5 Values $2.95 White Shoes Child's, Misses’ and Growing Girls’ Almost Entire Stock 1 Off Regular Prices $4.95 AMILY/HOE/TORE 310-312 Seventh S Fifty Years’ Satis . N.W. factory Se 7 he a books form of life 39c NN 2