The Washington times., 1925-07-13

ouainted with me. Why. love
SAnd love you," Malone
snapped back, but l want you to
stick to the motion.
At this point the court inter-
vened. Arising, Raulston smiled
toward Malone and said:
You don't know the general.
He is speaking in kindly way.
He has only the warmest feeling
for you and you are here as the
guests Of the court"
I'VE appreciate the hospitality
OF the court. Malone replied in
quieter tones. But we are not
here as guests, but rather as Ameri-
cans demanding justice"
II love you," Mckenzie began
again,
barrow Spells Il An.
''Sure you do?" growled Clarence
barrow, podding his head. Go
ahead"
McKenzie did, but the rest of his
speech was lost. In another minute
he sat down.
Then followed Sue K. Hicks,
young Dayton lawyer, a child
among the srizzled veterans. He
spoke but briefly in defense of the
constitutionality of the law, con-
tending the legislature, because it
supported the schools in part, had
the power to dictate their cur
riculums.
Court Is Recessed.
After. two hours argument over
the constitutionaIity. Of the act,
court was recessed until :. / o'clocK
this afternoon. The court also in
structed che. attorneys to prepare
briefs of their arguments.
This is too profound q subject
for hasty consideration, said Judge
Raulston. II hope you'll prepare.
briefs"
The defense based its fight chief
Iy on four constitutional points.
These were that the anti.evoiution
law violated these State consti.u-
tional guarantees:
1. at shall be the duty of the
general assembly of the State TO
cherish literature and science
2. THAT all men have a natural
and indefeasible right to worship
Almighty God according to the die.
S@sCn "a lLChE OWn COLlSClCIlCSs
.. Every citizen may freely
speak, write and print on any sub
Ject, being responsible for the abuse
of that liberty"
4. No man shall be disseized of
his freeholds, liberties or properties
but by the judgment of his peers
and the law OF the land
The defense all commended the
IN b. Il
Hnct that the defendant did not
know the mature of his alleged
vtolation. The motion concluded
With allegations that the law VIC.
lated three guarantees of the Con
stitution OF the United States, those
pertaining to religious liberties,
porperty rights and to court pro.
cedure.
barrow was the first attorney
to enter the courtroom. He tossed
ASIDE his coat, revealing lavender
suspenders in which he hftched his
thumbs. The Judge followed and
barrow Immediately met him with
the protest. -.
William Jennings Bryan followed
moment later, crossing to the de.
tense table to publicly shake hands
With barrow. Then Bryan greeted
benton McMillin, former governor
OF Tennessee and former United
states senator. seated at the de-
Tense table. The commoner again
appeared in a collarless, sleeveless
shirt, waving a straw fan.
The crowd jammed the courtroom
again while uniformed police ana
armed sheriff's deputies held advan.
tsge points. Mountain folk pre.
dominated.
After the conference. with Judge
Raulston, barrow said he would
not enter objection in the sl,rt rec.
ord against the prayer today, because
minister had already been invited
He gave notice, however, that oh.
lection would be made If the prac.
tice were followed again. The de.