Evening star., 1925-07-13

lined in the motion. Mr.. Neal said he
regarded the claim of the defense that
the religious freedom of the people
was invaded by the act as the most
important contention.
During Mr.. Meals argument the at
torney general moved that the jury
retire. This developed a mild clash
between Attorney General Stewart
and Clarence Darrow. Mr.. Darrow at
first said, I'VE do not object Mr..
Stewart replied, 1T does not matter
whether you do or not. The court is
the judge of that" After a general
exchange of comments from Attor-
neys Dudley Field Malone and Arthur
Garfield Hays the court ordered that
the jury be permitted to retire.
We know the Legislature repre-
sents the majority in Tennessee, but
we represent the minority" said Mr..
Neal, in concluding.
Mr.. Hays followed in speaking for
the defense. applying himself at the
outset to a discussion of the indef1-
niteness of the law, as he saw it.
Says Law Indefinite.
He devoted himself to the words
teach" and theory in the act of
the legislature, declaring that the
language is indefinite and falls short
of clarity in saying how far a teacher
can or cannot go. He also claimed the
act is not proper under the police
power of the State. He read a hypo-
thetical statute he would 'have the
Legislature enact prohibiting the
teaching of the heliccentric theory
and making the punishment death.
The speaker claimed that the evolu-
ton theory was established as reason
ably as the heliccentric theory. AN
unreasonable restriction upon the
liberty of the Individual" he said. in
giving his conception of the act.
He also asked the court to reserve
his decision on the motion to quash
until he had heard the evidence in the
case. He suggested the court and
jurors needed to be informed on the
subject of evolution, the Bible and
other things.
Former Attorney General Mckenzie
made the first argument for the State,
defending the constitutionality of the
act in question. He said religion could
not be taught and neither could a
doctrine.
Uses ColIoquiaI Speech.
The veteran mountain lawyer used
many SMILES and colloquial terms in
his plea.
Now, Mr.. Hays" the lawyer drawl-
ed, "has dragged in his proposed
statute, which would hang a man on
the courthouse lawn, an act not near
ly as much akin to the evolution law
as he says we are kin to the monkey"
Mr.. Malone filed an objection with
| the court to Mr.. McKenzie's argu-
ment, suggesting that 1T was not being
restricted to the issue. He also sug-
gested that the speaker not refer to
the geographical section of the coun-
| try from which the attorneys come,
1 A -fffsara
citizens in a court of Justice"
| "Why. you don't know me" replied
| Mr.. Mckenzie II love you. love you
| all" adding There are no hard feel
| ings so far.
Mr.. Malone replied: And I'm for
you"
Bryan Removes Collar.
A sultry heat sat upon the Rhea
| County courtroom as the second day
of the trial began. Electric fans,
! lacking Friday when everybody swell
| tered had been installed, and played
! about in an effort to make the atDaos-
| pheric conditions more endurfble.
Judge Raulston, taking judicial cogni-
| Zance of the weather, changed his
| suit of blue woolens to one of linen.
Blue-uniformed Capt. Perkins of the
! Chattanooga police, with a menacing
| Judges bench and waved a drug store
| fan.
Mr.. Bryan, collarless as well as
| without a coat today, had a tightly
| filled leather brief case as he moved
| to the prosecution counsel table. He
| seemed prepared for argument.
| Benton Mcmillan of Nashville, for
mer Tennessee Governor, entered and
began shaking hands all around the
| room.
! Photographers were climbing like
monkeys over the seats and benches
| and shining up window projections,
| swapping their cameras at the occu-
pants of the rallied arena. A movie
cameraman gound out several cellu-
| loid feet of Mr.. Darrow on one side
and Mr.. Bryan on the other.
! The jurymen sat with hands on
| chins, taking panoramic views of the
4 expapse of faces.
The opening of court was delayed
several minutes while the picture-tak
| ing brigade shot off it's ammunition
The auditorium again was crowded