New Britain herald., 1925-07-10
This Action 0vercomes TechnicaGty Under Which Legality of Original ding Could Have Been As. sailed.
Another Change in De- fense Lineup Seen as At. torney Godsey Fails to Appear - Great Crowd Throngs Courthouse.

Dayton, Tenn, July 10 F-A new indictment, based upon the evidence responsible for the old document was returned against John Thomas Scopes by a Rhea county jury here today. The indictment charged vio- lation of the recently enacted Ten nessee law prohibiting the teaching of evolution theories in the public schools.
 The technicality involved was the question of elapsed time between the summoning of the special grand jury In special session and the meet ing of the body. Thirty days should have separated the two. Reindict- ment today cured this defeat, 1t was said by attorneys.
 On motion of the attoorney gen eral the former indictment against Scopes was quashed, having been su- perseded by the second official document In the case.
 Change In Counsel.
 A last minute change in counsel for the defense was indicated by the failure of John l.. Godsey Dayton attorney, to appear with the other lawyers In court after his absence from conference of defense attor- neys last night had been regarded as significant.
 Cheers For Bryan. During the first two hours of to- days court session one outburst Of cheering came from the hundreds of spectators crowded into the court, room. It marked the arrival ot William Jennings Bryan to begin hi, work in connection with the prose cution of Scopes.
 Several schoolhoys. former stu. the grand jury to testify, They were followed by the presentation as evi- dence of Hunters biology. the text book used by the defendant. and the testimony of Walter White, super intendent of the Rhea county schools and prosecutor of the case.
 Attorney-General Stewart stated to the court that the state would re- sists vigorously that evidence at tempting to reconcile evolution and fthe Bible and that the defense was just as insistent that such testi- mony was competent.
 The attorney general suggested that an adjournment be taken until 9 o'clock tomorrow morning when the discussion of this question would be renewed.
 Some of the visiting attorneys in the defense camp have not become acclimated We are willing to give them half a day"
 Judge Raulston said he was re- luctant to lose an afternoon and suggested a recess be taken with the possibility of proceeding at once to the selection of jury.
 The court proceeding to adjourn until 1:30 o'clock, the judge in- structing the sheriff to have 100 men In court at that hour to insure the completion of the panel | Crowd Arr1NeS tArlv
 Spectators began to find seats in the courtroom two hours before the Scopes trial began. By S:20 o'clock the high-ceilinged room which will seat approximately 500 persons, contained a hundred men with a scattering Of women observers.
 The lawn and walks outside were thronged with visitors who included mountalneers and khaki-clad tour isrs. Motion picture cameras were placed at strategic points to shoot the principals in the case IS they approached the scene of the evolu- ton trial.
 Judge Raulsto7 entered et SSn followed by his wife and two young daughters and mothor-tn-aw The judges family took seats within 'he railing He was busy shaking hands with friends
 Al S.4S few seats remained un- taken and the entrance and stalr- ways were crowded. The attorneys and the defendant were slow ln ST.
 rivirg. Rules were lacking for con trolling the entry Of spectators
 Raulston indicated that regulations 70 cheek the overflow would he per , tectcd
 Lawyers Enter Dudley Field Malone, ct defense counsel. followed by Scopes Darrow Hays Neal and the defendants
 father entered at s:5o and took seats at the counsel table tc the left Of the , judges seat.
 5 All principals in the case passed through a group Of photographer. ? al the entrance 10 the courthouse Erourps. Judge Raulston, with { 5 Bible and a dictionary under hil . arm, posed for them for severa
 minutes.
 Scopes, entering the grounds witl
 narrow. Malone, Hays. Neal ant ? Rsppleyea. was held for ssvers ] minutes. When they finally pushet D their way through the crowd, dis . appointed cameramen sesmnsrel
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