Evening star., 1925-07-11
EVOLUTION TRIAL
OFF UNTIL MONDAY
Jury of Farmers Chosen.
Lawyers Draw Lines for
Big Battle.
BY the Associated Press.

DAYTON. Tenn. July l1.-With
the first preliminary steps made. in
cluding the selection of a jury
counsel for both defense and prosecu-
| ton in the Scopes evolution case to-
day planned conferences to consider
the next move. No session of court
was scheduled for today, the defense
having asked for a day TO consider
angles of it's case.
The jury is composed of nine farm
ers, one school teacher and farmer
combined, one fruit grower and one
! shipping clerk. Only one is not
church member.
With indications OF a battle in the
offing, the defense intended to de-
termine on what grounds they would
base their plea for admitting into the
evidence the testimony of experts
along scientific and religious lines to
attempt to show that the theory of
evolution does not conflict with the
Biblical account of creation.
Prosecution Preparing.
Prosecution attorneys in the mean
time were drawing up their battle
! lines to withstand the expected at
tack.
( Indications were that the defense
would attempt TO have this testimony
introduced as matter for the in
formation of the presiding judge. to
be dealt with afterward as he sees
fit. While it has been known for
several weeks that this probably
would be the basis of their arguments
for the submission of such evidence,
! they still were seeking other grounds
upon which to base their contentious.
Prosecution attorneys. on the other
hand, consider the case one in
which only the question of whether
John Thomas Scopes taught that man
descended from a lower form of
animal life is involved Basing their
contentious upon this view, they have
announced their intention Of making
a supreme effort to prevent the trial
from leaving the purely legal course
and trailing into a religious and
scientific controversy.
Issue i'm Teaching.
The only issue, Attorney General
Stewart said last night. is whether
Scopes taught that man descended
from a lower form OF animal. Their
stand in the matter is not a change
Of any previously announced plans, it
is pointed out, since they have not
previously announced any course Of
action The administration of the
oath to the jury Monday, followed by
the reading of the indictment and the
arraignment of the defendant, will
bring the opposing counsel together
for their first real clash in the trial.
Symptoms of such a clash were re-
vealed several times yesterday in the
objections OF Mr.. Stewart to he man
ner Of questioning pursued by Clarence
Darrow in examining prospective
jurors.
Mr. Stewart. both at a brief eX-
change of views of opposing attorneys
and during the selection Of the jury,
objected strenuously to the injection
in the trial of anything which would
indicate that it would develop into an
attempt to reconcile the theory or
evolution with the Bible.
In a statement to the Associated
Press last night he declared:
"Since the defense has made known
its position concerning the competency
of the proposed evidence of the
scientists tending to show that there
is no conflict between evolution and
the Bible, L think it but right that
our position should also be definitely
stated and that it might be understood
that we intend to back our position
as vigorously as we know how"
Scopes May Admit Teaching.
Continuing, he declared it to be his
deny he taught to high school stu
dents that man descended from a
| lower order of animal.
"If this be true" he said, "he is
guilty of the violation of the law and
all the evidence of scientists within
his reach cannot save him. The law
itself says that it shall not be taught
to the students in the public schools
that man descended from a lower or
! der of animal"
! Whether scientists might be brought
! into court to expound the belief that
man descended from a lower order
| of animal instead of by the process
of God. he felt would make no differ
ence, declaring the law says such
cannot be taught.
! Production of expert witnesses by
/ both sides would lead to "a never
ending proposition and would in the
end be but a babble of tongues"
The statement of the attorney gen.
eral came last night at the conclusion
of the first days proceedings, during
which he had appeared before the
! Continued on Page. A. Column s)