Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1925-07-20

cnallce 10 SuDdue and the jury
has been kept separate so that
no part of this should reach the
ears Of the MEMBERS" said the
judge.
Men may become prominent but they
should never feel themselves above the
law he said. "Unwatranted and un-
justified criticism of the court shows
disrespect for the court and the state
He would hurl contempt into the
records of my court insults and out
RACES against the people Of one Of the
greatest states in the union.
In the fact Of what is considered an
ur5ustiied criticism of the court made
by Clarence Darrow, feel that | must
protect the dignity of my court
The judge then directed that Clarence
Darrow be required to appear in court
Tuesday morning to answer to charge
OF contempt, directing that the said
barrow make bail bond of $500O
Mr.. Darrow arose and said. he did not
know whether he could make the bond.
Il guess you can," said Judge Raul
ston.
Mr.. Darrow was smiling
The judge was not smiling
After the judge had read his state
ment the case proceeded, the defense
offring certified copy Of the govern
or's message to the legislature approx
ing the bill. The sttae objected to the
introduction Of the document.
Ill ID
The defense also offered in evidence the
text book Of biology adopted by the
state book commission. Arthur G.. Hays
read what this textbook says Of Charles
Darwin. Mr.. Hays said the purpose of
the defense was to show the public
policy of the state. The state again OBJ
Jected. Judge Raulston ruled that the
book might be filed "for the present 7
Statements from eight scientists were
offered to be placed in the record for
submission to higher court in the
event Scopes is convicted of teching
evolution theories in the public schools
in violate Of the state law.
Statements were submitted from the
following:
Winterton c. Curtis, zoologist, Uni
versity of Missouri; Horatio Hackett
Newman. zoologist, University Of Chi
cago; Wilbur A. Nelson, Tennessee state
geoiogist; Jacob G. Lipman. deal Of
College of Agriculture, Rutgers; Fay
Cooper Cole, anthropologist, University
of Chicago; Maynard NJ Metcalf, .zoolo-
gist, formerly of Oberlin college;
Charles Hubbard Judd, director school
nf dran v,,,,, N.
krtley f. Mather, geologist, Harvard.
mild controversy developed between
defense and state counsel as to the
presentation of statements of scientific
witnesses. The question at issue was
as to whether the statement hould be
as to whether the statement should be
submitted without reading, or have por-
The defense contendeJ that it should
be permitted to read these statements
to the court in the hope that the court
might be convinced Of error in having
held the law constitutional
The debate went back and forth for
an hour. A. G. Hays, Attorney General
Stewart, W. ]. Bryan, Dudley Field
Malone and Clarence Darrow taking
part in the discussion.
Judge Raulston finally ruled that
one hour would be given the defense
to read portions of the statements In
the midst Of the reading, the attorney
general asked Mr.. Hays if he might
interrupt him.
Certainly" said Mr.. Hays, but
take time out
The first statements taken up in this
reading was one from the Rev. Walter
Whitaker, Knoxville minister, followed
by statement from Dr. S hailer
Mathews, University of Chicago. He
then proceeded to read extracts from
extended statements from eight scien-
fists, who had been previously an
nounced as witnesses.
Mr.. Hays was still reading at the
Continued on Page Two)