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

glory or God and Jne eSIaDllShmeHI
of Gods truth.
Wisconsin Supreme Court Cited.
Mr.. Neal of defense counsel read
a decision from the 10th Wisconsin
reports to the effect that the court
should take judicial notice without
proof thereof, that society is divid-
ed into conflicting religious beliefs, all
Of which are equally entitled to the
protection of liberty guaranteed by
the constitution. Attorney Hicks of
state counsel assured The court that
so far as he is concerned, he was
strenuously trying to avoid religious
controversy, and SO far as the prayers
were concerned, there had been repre-
scented Baptists, Methodists, Unltar-
ians and others, and he assumed 9th
ers would be represented. Judge
Raulston stated that he had directed
that there should be no denominations
al references or language used in the
prayers The Judge said he didn't be-
lieve prayer would hurt anybody, and
it might do somebody some good. And
the amen corner of the sturdy noun
taineers spread all over the court
room in a chorus of unctious approval.
Then the attorneys who INDUCED in
various scraps yesterday duly and
cordially apologized to each other and
equally cordially and duly accepted
each others various apologies.
Judge Was His Own Leak.
The committee Of five Newspaper
men reported that the reporter who
sent out the information had received
what he had a reason to believe was
authentic, information from a reput-
able source, and that it was secured
without resort to improper or unethic-.
al methods, and that he should be ex-
onerated. Judge Raulston thought he
had a right to know from whom the
information had been secured The
committee informed him that it had
been secured from the judge himself.
There was a laugh that got away from
the bailiff. 1t was explained that the
reporter had asked some very simple
questions about the future proceed
ings, which the judge so answered that
the information he gave could not pos
sibly be true unless he was going to
overrule the motion to dismiss. So
that bubble blew up.
Mr.. barrow then called the attention
of the court TO the fact that in the
proceedings of the day before, he had
heen referred to as an agonostic. He
die not regard this as an insult, but
on the contrary was rather compli-
.mented by it. He stated that he mere
ly did not pretend to know, where ig-
norant men are sure. But he did not
l. Al -
tus of any person connected with the
case should be referred to in the pres
ence of the jury With this the court
readily agreed, and stated that it
would be ordered that no reference
be made during the proceedings to
the religious affiliations of anybody
connected with the trial
After about fifteen minutes more Of
photographing, the judge, at 1854,
commenced the reading of his deci-
sion on the motion to dismiss. The
decision was evidently very carefully
prepared and exhaustively discussed
each of the points on which the motion
to dismiss rested The overruling of
the motion had been completely dis
counted both in the attitude Of the
court, and the inevitable differences
20 be drawn from the interview with
the judge on which the now famous
"leak" rested.
As soon as the judge had concluded
reading his opinion overrulfng the
motion to dismiss the indictment, the
defense filed a demurrer to the indict-
ment based on the same grounds as
o+iar IN JicYoise Tba
thereupon took a recess of ten min
utes, which dragged out into nearly
thirty.
During The recess Announcer Ryan
gave us an interesting picture of
Scopes, who seems to be about as i'm
portant in the conduct of this trial as
the bridegroom at swell society we'd
ding. Ryan says Scopes IS the most
modest man in town, who shuns the
cameras, declines vaudeville and
Chautauqua proposals, refuses news
paper syndicate offers. and says moth
ing and does nothing. Good for
Scopes.
Finally the court convened and di-
rected the defense attorneys to have
their demurrer in final shape and filed
by one o'clock. Dudley Field Malone
pleaded with the court to get things
going, and the court thereupon ad-
journed till one o'clock standard
Dayton time.
How They Try Scopes.
Court convened at 1925. Judge Raul
ston announced that having overruled
the motion to quash the Indictment,
he also overruled the demurrer to the