The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1925-07-16

indictment, based on the same grounds.
The usual exceptions to the ruling
were noted on the record.
The list of witnesses for the prose-
cution was then called and they were
excluded from the room. At 1880 the
judge declared the court Eat ease"
Announcer Ryan gives graphic pic
lures of the personalities who are at
ease and what they do to be at ease,
up to the matter of Dudley Field Ma
lone passing cigarette to Johnny
Scopes, who smokes as we'll as scopes.
Judge Raulston smokes a long black
cigar, the length of which will prob
ably have more to do with the length
of the intermission than will the color
of it. The natives are said to be in
censed at H. L. Mencken and there is
talk of running him out of town.
That would probably increase the
royalty draft of H. L., who has 50 far
seemed impervious to the opinion of
other people--no matter how liberal he
may be in his philosophical invective
against those same others.
A thunder storm is coming down
from the mountains onto Dayton. 1t
may be Mencken or Scopes. Hartman,
Tennessee, however, is getting the
storm, which is said to be severe.
Mr.. Ryan smokes a cigarette. The
counsel still confer. The court is still
at ease. The world still waits-not so
much for the sunrise as for something
to happen in Dayton. At 2 p. m. Mr..
Malone protests against the waiting.
The judge sends the bailiff to hurry
the attorneys for the state. Mr.. Rap
pelyea comes back, but that turns out
to mean nothing Nothing seems to
mean anything at Dayton, though the
hot-dog merchants still thrive.
SIN oking has been resumed. The
purpose is eventually to try Scopes.
At 2:05 the length of the black cigar
warrants the judge to direct the bailiff
to summon the attorneys for the state
and their array of witnesses. The roll
is called and all are present with none
to be accounted for. 1t looks as if we
are ready to shoot-unless somebody
gives Judge Raulston another long
black cigar.
The Trial Finally Starts.
At 2:10 Mr., Scopes pleads not gull
ty, having been duly arraigned by the
attorney general. The jury asks
that fans be installed to cool them
off. The ayes have it, and the
fans are ordered
Y Mr.. Malone proceeds to make an
opening statement to indicate to the
jury and the waiting world, what the
theory of the defense in the Scopes
case is. Mr. Malone in his opening
address covered the same ground that
has already been gone over in the
motion to dismiss the indictment, but
presented to the gentlemen of the
jury the bald legal contentious of the
defense, in such interesting and pleas
ing personal atmosphere as could not
fail to convince the jury that what
ever else may be true of the defense,
Mr.. Malone, at least, has no horns.
His whole position was that there is
no possible conflict between the Bible
and evolution, although he admitted
that there might be some conflict be-
tween what people as individuals may
claim is the Bible statement Of crea-
ton, and what some people may in
ObVluually claim IS tne Cneory VI
evolution. Then somebody started a
row because Mr.. Malone referred to
Mr.. Bryan, and Mr.. Malone went son
talking about Mr.. Bryan as a peerless
leader and everything was calm and
peaceful again. Then he worked Thos.
Jefferson in, and before he gets
through, he will probably have got
before that Tennessee mountain jury
every Democratic ideal and hero Of
whom they ever heard. But, the in
tention still is to try Scopes.