New Britain herald., 1925-07-17
Defense Takes Exce2- ton to Ruling, Claim. ing State Is Making Case On Its Own Evidence.
Continuance Until Monday Granted When Action Must Move More Rapid. ly, RaulstOn Orders.
By The Associated Press.

By The Associated Press
 Court Room, Dayton, Tenn, July r P,-Judge Raulstcn announced today that he had decided to ex- cude scientific testimony from the trial of John T. Scopes,
 The decision will have g. vital bearing on the length Of the trial Yesterday was devoted entirely to argument on the question of com petcnce of expert testimony.
 After Judge John T. Raulston had excluded scientific testimony court was adjourned until Monday morn ing at 9 o'clock. The intervening time will be spent by counsel for the defense in preparing statements for the record of what their witnesses would have testified had they been permitted to take the witness stand
 Judge Raulston's decision to ex- clude the experts from the witness stand developed sharp clashes be- tween Arthur G. Hays and Judge iNettlSlpli anu N-lt cute 1'tTIUN.
 The decision was announced at 9:5l after reading a general review Of the judges conclusions of the in- tent of the statute as passed by the legislature.
 Defense Notes Exception.
 The defense at once noted an ex- ception 10 the courts ruling and the judge ordered it placed on record.
 In presenting the defense eXcep- ton, Arthur G. Hays declared. "It is denial Of justice to permit the state to make the case on its own ev1- def' 'ce."
 Tt is contrafr ,to every principle of Anglo Saxon judicial procedure. MT Hays said.
 The defense then announced thai it desired to place its proposed testl- mony into the record for the purpc,, of placing it before q higher court.
 Six Branches of SricIcc. In reply to a question from Judge Raulston, Hays said the defense had about six branches Of science rep | resented by witnesses,
 II think you are entitled 10 have l in the record a sufficient amount of your proof 10 show the appellate court what your proof would have been" said the judge.
 The defense Contended, however. that 1t also had the right to argua before the court that the law was unreasonable and to put in evidence. to inform the court" in the absence of the jury. If the evidence was per mitted, Mir. Hays suggested that the court would be benefited by such ey- idence.
 Should the court be convinced that 1t is in error. then he will reverse his opinion, Judge Raulston said,
 Attorney General Stewart said that the defense wished 10 conduct q campaign of education for their theories of education and evolution through the medium of this trial.
 The state offered no objection. he said 10 permitting the defense to offer the substance of the testimony in affidavit form.
 Denies Educational Campaign
 Dudley Field Malone denied that a campaign of education was being conducted although he said he thought the way in which the de fense had conducted the case was educational. He said that the de- fFnse was meeting propaganda start ed by "a distinguished member Of prosecution counsel"
 Judge Raulston said he was not inclined after having given an opinion to hear testimony to show that the oninion was wrong.
 Clarence Darrow hcatedly said that if such witnesses are put on the stand it would not hc proper 10 Cross-eNamine them. It would be the purpose of such testimony. he said, to show what the dcfc7se ev- peCtod 10 prove, If th" defense wishes 10 put its proof into the rec ord in the form of affidavits. it has that privilege of SO doing. If il puts witnesses on the stand to show vhat is expects to prove. then inc stat, has thc right to cross-eXaminr.
 barrow Tn Agreement
 An almost heated exchange deNel- oped between Nr. Darrov and Judge Raulston.
 MT narrow had asked for thc rest of the day to draw up proof which the defense wished 10 present The judge asked if it would talk the rest Of the day.
 Mir. Darrow said he did no, nudcr- stand why every request of inc ie. Ifense was overrulcd. "1 hope you do not mean 10 re- fleet on the court" said Judge Gaul- ston.
 You have right 10 hope" re- piled Darrow.
 "1 have a right to do something else" said Judge Raulston, , "All right, all right. then" said narrow, anaprently ending tho clash. Bryan'S Demands Mir. Bryan Insisted on the right of l crosS-examination of the defense witnesses in the absence of the jury He submitted that no one side should be sent along with the de-