Evening star., 1925-07-19
Press Display of Remark
Held to Leave Court
No Other Course.
JURIST SEEN DELAYING
ACTION UNTIL JURY GOES
Would Not Want to Appear as
Prejudicing Case,
Friends Say
Special Dispatch to The star.


DAYTON, Tenn, July 18.-What Is
going to happen to Clarence Darrow
when he appears in court Monday
eclipses in interest every other phase
of the heresy trial situation.
Judge Raulston is away at his home
in the mountains but his friends say
the only thing that prevented him
from ordering Darrow into custody
for contempt of court yesterday, when
the Chicago lawyer deliberately af-
fronted him. and practically challenged
him to start contempt proceedings,
was that he believed Darrow was
seeking that very thing, to reinforce
his unveiled charges that the Rhea
County court had not functioned as
an impartial tribunal during the trial
of John T. Scopes.
The Dayton idea is that Darrow
sought to be singled out for punish
ment on the theory that his martyr
dom would infiame the country, al
ready excited at the Tennessee law.
So open was Darrow's defiance that
the Chattanooga Bar Association con-
sidered the adviSability of taking Of
fetal action. on the ground that Dar-
rows insult was directed at the whole
Tennessee bench. There was an idea
that the movement, if started in Chat
tanooga, would spread and that the
State Bar Association would come into
line to discipline Darrow. The only
penalty they could have enforced
would have been by a resolution that
he be disbarred from practicing in the
courts of Tennessee.
Raulston Can Defend Self.
Before the movement got very far
the older men of the Chattanooga Bar
stopped it. Their argument was that
whatever offense Darrow committed
was against Judge Raulston, and that
his honor had ample powers TO de-
fend himself
The particular utterance by Darrow
that is quoted as deliberately intended
to provoke his honor, was his reply to
the judges expression of the hope
that the chief counsel for the defense
intended no disrespect for the court
TO which Darrow responded that the
court has the right to hope"
There were numerous other exhibit
tions of the same sort during Fridays
proceedings, notably Darrow's ex-
preston when the judge told him he
could always expect the court to rule
correctly and he answered, No, we
do not" Another instance was when
IAduISlOH lIldl the OS-
fense'S experts, if put on the stand,
even though their evidence were not
intended to go to the jury. but merely
to make clear what the defense
sought to prove, would be subject to
ss-examination. The judge asked
If the object of cross-eXamination was
not to bring out the truth and Oar
row came back-referring to the par
ticular cross examination the court
Dnin6-Wifh
that it was meant to arouse prejudice.
Tennessee Press Affronted.
The Chattanooga and other nearby
newspapers herAlded their reports
with eight-column headlines, Oar
row Insults Judge Raulston." So it
is haZarded that while his honor
might have overlooked the actual Of
Tense, he can hardly ignore it when
il has been so widely proclaimed.
One theory is that the judge means
to wait until the case has gone to the
jury and then call Darrow to account
thus escaping any accusation that he
used the incident to further prejudice
the case against Scopes. 1t is prob
able that even if the judge does not
bring 1t up that some of the attor-
neys for the prosecution will spill the
beans.
Darrow today declined to discuss
the matter.
There Is expectation that he will be
no more guarded in his language
when he makes the closing argument
in the case than he was yesterday.
William Jennings Bryan is almost
sure to refer to it, as he did to Oar
rows speech in the Loeb and Leopold
case, with the certain result of an
other flare up.