The midland journal. (Rising Sun, Md.) 1885-1947, 1925-07-24
NEWS REVIEW OF
CURRENT EVENTS
Progress of the Anti-E.volu-
ton Trial-Civil War in
China Is Renewed.
BY EDWARD w. PIcKARD

BY EDWARD w. PIcKARD
YOU can't get away from the Ten
i nessee evolution case, if you read
the daily papers or listen in on the
radio. Although Dayton is disappoint-
ed in the number of visitors attract
ed by the trial, there are swarms of
reporters and news photographers
there, all exceedingly busy. Consider
able progress was made in the first
week of the case. The defense made
another attempt to stop the trial by
asking Judge Raulston to quash the
Indictment on the ground that the
anti-evolution law Is unconstitutional.
In denying the motion the judge ruled
that the law does not violate the right
Of free worship or free speech, and
does not violate section l of the four
teenth amendment to the federal Con-
stitution which provides that no man
shall be deprived Of his life, liberty
or property except by due process of
law, and that all men shall enjoy
equal rights under the law. On every
point brought up by it the defense was
Overruled.
Though defeated in this matter, the
motion to quash gave Clarence Darrow
his first good chance for oratory and
argument, and it also laid the ground
for carrying the case on up to the Su-
preme court. The Chicago agnostic
made stirring speech in which he
asserted that unless constitutional
guarantees were upheld in this case,
unless the anti-evolution law were
killed, the liberties of church and press
and school would be taken away. He
described the theory Of evolution as a
wonderful conception of the processes
Of life in which was God who did not
stop when he made the first man out of
dust, but works on forever and for
ever. He declared the fundamentalists
were leading America back to the Six
teenth century of ignorance and bigot-
ry and denounced Bryan as 'the man
responsible for this foolish, mischiev-
Gus and wicked act"
There were many sharp exchanges
between counsel, but during the first
days Mr.. Bryan generally kept his seat,
biding his time. In another matter the
defense met early defeat. Judge Raul
ston started in by having the days
proceedings opened with prayer. To
this barrow and Malone made formal
objection, arguing that the case was
one in which the state claimed there
was conflict between science and re-
ligion and that prayers might unduly
influence the jury. The judge ruled
against them, saying this was mat
ter wholly within the DISCRETION of the
court. Attorney Hays for the defense
asked that other ministers than the
fundamentalists of Dayton be selected
to deliver the prayers, and on Wednes-
day the invocation was by Rev. DR..
Charles Francis Potter of New York,
Universalist, who was expected to be
a witness for the defense later on. The
Jury was sworn in and Attorney Gen.
eral Stewart briefly stated the case
of the prosecution. Mr.. Malone fol-
lowed with a statement of the de-
fense's case in the course of which he
said:
while the defense thinks there is
a conflict between evolution and the
Old Testament we believe there is no
conflict between evolution and Christi
anity. There may be conflict be-
tween evolution and the peculiar ideas
of Christianity such as are held by
Mr.. Bryan, the evangelist leader of the
prosecution; but we deny that the
evangelical leader of the prosecution
is an authorized spokesman for the
Christians of the United States. The
defense maintains that there is clear
distinction between God. the church,
the Bible, Christianity. and Mr.. Bryan.
1--WE shall prove our philosophy and
principles from the lips of witnesses
who are a part of the prosecution"
The court here sustained objections
of the state to the mention of Bryan by
name, whereupon Malone, calling that
gentleman "the evangelical spokesman
of the prosecution quoted from an
article written by Bryan 20 years ago
on Jefferson's ideas of religious free