The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1925-07-23
Dramatic Scenes Accom-
pany Jury's Verdict Find
ing Scopes Guilty.
GETS FINE OF slOO
Bryan's Testimony On Mon
day Is Ordered Expunged
From Record by Judge.


Thomas Scopes was convicted in Rhea
county circuit court at 11:29 o'clock
this morning for violating the
state statute prohibiting the teaching
of theories of evolution in the public
schools.
He was fined 500, the minimum line
under the statute. Notice of inten-
tion to appeal to the Tennessee SUI
preme court was filed and 80 days Civ
en- in which to perfect the appeal with
sn assurance from the court that if
additional time should be found nee
essary an extension would be granted
The case was given to the jury at
11:20, verdict being returned in
nine minutes, after counsel had agreed
to waive arguments. A short state
ment was made to the jury by Clar-
ence barrow of defense counsel in
which he said, 81 don't see how you
can find our client not guilty" He
had explained that the evidence upon
which the defense had hoped to bring
about the acquittal of Scopes had been
excluded by the court and it was the
wish of the defense that a verdict of
guilty be returned to permit an appeal
to the supreme court
Scopes was summoned before the
bar.
Judge Raulston told him Of his con-
viction by the jury and read copy
of the statement to him.
The judge then fixed the fine at
$500.
Bond was fixed at $500 pending an
appeal.
"Have you anything to say, Mr..
Scopes" asked the judge. t
Scopes Determined to Fight On.
"Your Honor, / have been convicted
of violating an unjust statute" re-
piled Scopes, "any action other than
have pursued would. be in violation
of my idea of academic freedom"
The Judge repeated the fine Of $500.
Scopes added to the court in his
statement that he would continue to
oppose the law in every way in his
power as he considered it an unjust
law and in violation of the constitu-
tion.
Dudley Field Malone announced
that bond would be arranged at once.
Mr.. Malone also thanked "the pepole
of this community for their hospital
ity and for the opportunity to try
the issues in this case"
Scopes was to appear in court DUR
ing the afternoon to file bond of
$500, pending disposition of the APP
peal.
The appeal from the circuit court
finding will be made to the Tennes-
see supreme court meeting in Knox
Vile in September. A formal motion
for arrest of judgment was made on
application for new trial but was
overruled The assembly of the tran
script for use in the appeal will be
the next task for the defense, at
torneys said.
Dramatic Closing Moments.
The scenes attending the close of
the eight-day trial were without par
allel in the experiences of veteran
court observers.
Clarence barrow, Dudley Field Ma
lone, Arthur Garfield Hays and DR..
John R. Neal, of the array of Scopes
counsel. delivered farewell messages to
the court and to the crowd. The at
torneys from northern cities thanked
the court and local organizations for
hospitable treatment and courtesies.
Il William Jennings Bryan, of prose-
cution counsel, and his colleagues,
Ben T. Mckenzie, and Gordon McKen-
zie, proclaimed their confidence in the
ultimate triumph of right, regardless
of human error. The court in a final
plea commended the lawyers in the
case and declared that true courage
was found in the breast of man who
could fight for what he thought to be
right, in the face of adverse popular
sentiment.
The jury stood and posed for pho
tographers as defense lawyers made
final arrangements for their appeal.
Later the meeting was thrown open
for general discussion and half doz-
en- informal speeches were made,
thanking the people of Dayton for
their hospitality during the period Of
the trial.
Bryan Loses a Point.
Testimony of William Jennings
Bryan, given in the Scopes case yester-
day was expunged from the rec
ord of the case by Judge Raulston
this morning.
The Scopes trial was opened here
this morning by a statement from
Judge Raulston that the court had had
some important matters to pass on.
ST fear l may have committed error
yesterday" he said, ain my overzeal
to ascertain if there was anything in
the proof that was offered to enable
the higher courts to ascertain if
there was error"
"I feel that the testimony of Mr..
Bryan can shed no light on any issue
that will be pending before the higher
COURTS" he said,
"The issue is whether Mr.. Scopes
taught that man descended from a
lower order of animals.
~ feel that Mr.. Bryan's testimony
cannot aid the higher courts" he
repeated. 'Therefore-sI am pleased
to expunge this testimony from the
records of this court"
In discussing the courts ruling,
Clarence barrow said: eve have no
proof to offer"
What Might Have Been.
Arthur G. Hayes, for the purposes
of perfecting the record in the event
of an appeal, read q list of the wit
nesses the defense would have Off
cred had they been permitted to do
SO and took formal exception.
He also asked that the record show
that Scopes had a contract to teach