Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1925-07-22

decree that | make from being re-
versed by a higher court, because i.
l am in error l hope that somebody
will correct my mistake.
Il feel that the testimony Of Mr..
Bryan can shed no light on any is
sues that will be pending before the
higher court"
The law suit now Is whether or
not Mr.. Scopes taught that man des-
cended from IL lower order of ami
mails. 1t isn't a question of whether
God created man all complete at
once, or it isn't a question of wheth-
er God created man by the process
of development and growth.
"As | see it, after due delibera ton,
l feel that Mr.. Bryan's testimony
cannot aid the higher court in de-
termining that question. Ii the ques-
ton before the higher court involved
issue as to what evolution was, or
how God created man, or created the
earth or the universe. this testi-
mony might be relevant, but these
questions are not before the court
80, taking this view OF it, l am
pleased to expunge this testimony
given by Mr.. Bryan yesterday frox
the records of this court and it will
not be further considered"
The defense entered an exception to
the action of the court and announced
that application would be made to the
high court for a writ to have this tes-
timony included in the record.
Clarence barrow announced that the
defense had no proof to offer on the
issue laid down by the court that
Scopes taught that man descended
from a lower order of animals; that
no contradiction would be offered and
that the defense was willing to save
time by having the jury brought in
and instructed to find the defendant
guilty.
1t was pointed out, however that an
admission of guilty would deprive the
defendant of right to appeal. After
conference between attorneys 1t was
decided that the judge should charge
the jury and permit statements from
defense and state to be made to the
jury.
Before Judge Raulston charged the
jury, Mr.. barrow submitted the re-
vised form of procedure agreed upon,
saying: We claim that the defend
ant is not guilty, but as the court has
excluded any testimony except the one
issue as to whether he taught that
man descended from lower order of
animals, and we cannot contradict that
testimony, there is no logical thing
to come except that the jury find a
verdict that we may carry to the high
er court, purely as a matter of proper
procedure"
Judge Raulston charged the jury,
reviewing the statute under which the
indictment against Scopes was brought
fixed by the court in the admissibility
of testimony.
LAS far as this case stands before
this jury, the court has told you very
plainly that If you think my client
taught that man descended from a
lower order of animals You will find
him guilty" barrow told the jury.
You heard the testimony of the boys
on that question and heard read the
books, and there is no dispute about
the facts"
Il do not think that there is any,
thing that can be said to the jury,
other than Mr.. Darrow has said" said
Attorney General Stewart in address,
ing the jury. "Of course. the case in
its present attitude is that it will be
threshed out in the supreme court.
That is what the defense wants and
what the state wants"
Before passing sentence. John T.
Scopes, the defendant. addressed the
court in response to the question from
the bench:
Have You anything to say, Mr..
Scopes, why the court should not i'm
pose punishment upon you?"
Your honor. / feel that 1 have been
convicted of violating an unjust stat
Ute" Scopes replied.
Il will continue in the future. as
have in the past, to oppose this law
in any way 1 can. Any other action
would be in violation of my ideal of
academic freedom-that is, teach the
truth as guaranteed in our constitu-
ton, of personal and religious freedom.
1 think the fine is unjust."s
The fine was then imposed and bond
made and the scopes case" was at an
end in Dayton.
Defense counsel pointed out to-
night that when the case reaches the
state supreme court, other counsel
may be engaged. 1t was fu$ther
suggested that should the case rOch
the supreme court of the United
States still other attorneys might
become associated with the case,
This was understood from the out
set, it was said.