The daily worker. [volume] (Chicago, Ill.) 1924-1958, 1925-07-12
SCOPES TRIAL
UNDER WAY WITH
new INDICTMENT
Precedent is Broken By
Judge in Latest Move
Continued from page u

The prosecution feared that the de-
tense attorneys would make use of the
faulty indictment to appeal a convic-
ton to the higher courts.
The court adjourned while the new
indictment was being made out.
New Indictment Goes to Trial
After Judge Rauiston had ordered
the old indictment quashed and the
new indictment was returned, he call
ed for trial the new case against
Scopes.
The cheer that was given William
]. Bryan when he entered the court
room showed how the inhabitants Of
this backward countryside view the at
tempt Of the conservative religious ele-
ments and the business interests to
suppress the teaching of science in the
public schools.
Bryan Wants Bible to Rule
Bryan has said that the Bible should
be "a part Of the federal constitution"
and frankly calls for the prohibition
of the teaching of scientific facts be-
cause they contradict the Bible.
While the defense, headed by Clar-
ence barrow, who sat in his shirt
sleeves, strongly condemns the anti
evolution law as unconstitutional be-
cause it violates the free speech clause
of the constitution, they have so far
catered to the ministers. The de-
Tense has taken the untenahle position
that the Bible and scientific facts can
be reconciled-a class collaboration
position on the scientific field
Catholics against Evolution
A telegram was received from. the
American academy of ambulant proc
tology by John r. Neal, chief of the
defense counsel, which said, "Ask
Bryan how he explains the fact that
the creator forgot to put valves in the
hemorrhoidal veins" Bryan was hard
pressed to defend his "all wise god,"
who Bryan claims, created the world
in six days, and made perfect job
of man.
Benedict Elder, secretary of the
Catholic Press Association of Louis
vile, Kentucky, said here that if
Scopes taught evolution in the catholic
parochial schools, he would have been
thrown out"
Dayton is over-run with evangelists,
travelling preachers and bible and
hymn book sellers who are here to
make some money out of the crowds
attracted by the trial.
Bryan Against Free Speech q.
Bryan in a press statement, again
declared that teachers should obey
those who employ them. They should
not teach what has been their expert
ence or beliefs, he said, but must con-
duct classes $50 as not to offend the
students or their employers"
1T would be better" he said, for
Tennessee to give UP school books
than abandon the Bible.p
The catholic organizations repre-
scented here are aiding Bryan in his at
tempt to suppress the teaching of sci
ence.
Judge Out Of Case
Judge John L. Godsey, member of
the Dayton bar. announced this after
noon that he had withdrawn from
counsel for the defense Godsey was
said to have disagreed with other
counsel over the manner of conduct
ing the case. The Judge felt the case
should be fought solely on constitu-
tional grounds and was overruled by
the other counsel, who intended to in
woke testimony tepding to show that
Evolution does not conflict with
Christianity"
Examine Prospective Jurors
The afternoon session opened with
the calling of veniremen for the selec-
ton of a jury. Clarence barrow, shirt
sleeved and showing his galluses, con-
Quoted the questioning Of the tales
men for the defense, while Judge ].
Gordon Mckenzie. noted criminal law
yer in this section of the South, exam
ined them for the state. Forty-three
yeniremen had been gathered off the
streets by the sheriff during the re-
cess.
w. F. Robinson, middle aged farm
er, was the first venireman called and
the first juror accepted. He told the
court he had formed an opinion based
on rumors" about the case but said he
could give the defendant justice. He
was accepted by the state but barrow
questioned him about his opinion, be-
fore finally accepting him.
Meeting of Press