The daily worker. [volume] (Chicago, Ill.) 1924-1958, 1925-07-18
Continued from page ~

THE court should not receive opln-
donated evidence when it touches the
issue involved" Bryan continued.
THE courts are agreed upon that.
William Jennings Bryan, the father
left his seat behind the state counsel
table and moved up beside his son.
The politician sat tanning himself,
listening intently to his boy. The son
however, showed none Of the famous
Bryan eloQuence.
ITO admit this testimony" Bryan
closed, would be to substitute trial
by experts for a trial by jury and to
announce to the world that this jury
is too stupid to determine the simple
issue of this case"
State Withdraws Challenge
A short recess was taken. During
which, Dudley Field Malone announ-
ced to the press tables that the young
err Bryan's speech was Withdrawal
of the elder Bryan's challenge for
duel to death between evolutionists
and christians"
"The father demands a duel" said
Malone, 'the son wants to take away
our only weapon. Well fight them any
how"
When court resumed, Judge Raul
ston warned all spectators to make no
demonstrations.
1--WE have counsel here, who may
color their speeches with it," said the
court. 'If they do l don't want any
applause for two reasons: First-it is
improper and, second, this building is
heavily burdened, and while l don't
want to alarm any one, don't want
any vibrations caused which would
shake the building and I'm afraid a
heavy outburst of applause might
cause trouble"
Arthur Garfield Hayes began the
defense's argument. He told the court
first there need be no alarm over any
applause greeting me which will
shake down the courthouse"
There isn't a single expert in this
case who is paid" Hayes continued
Every scientist who has come here,
came because Of his love for science"
Hayes said the state wanted both
judge and jury to decide whether evo-
luton was taught by Scopes without
"even knowing what is evolution"
Hayes ExpIaines Evolution
eff Scopes had taught that man
descended from monkey, Hayes ad-
ded, che would not be guilty of violat-
ing this law That is the fact strange
as it seems to the prosecution. The
fact is that man and monkey are of
the same order of animals, the first
order, under every classification of
science. And the law says that to be
guilty, Scopes must have taught that
man descended from lower order of
animals. Science would prove that
monkeys were not of a lower order"
Hayes read short paper written
by Prof. H. H. Newman, dean of
science school at the University of
Chicago, in which the scientist said
that Darwinism meant one thing to
the lay public and another to science.
1.-THE jury should be told this" he
added
Theory of Natural Selection
"Darwinism is the term given to
evolution generally by the lay public
Hayes quoted Newman. at means an
entirely different thing in science, for
scientists look upon Darwinism as the
term for the theory of natural selec-
ton, one of the principal theories sup
ported by Darwin"
Hayes also demanded that the de-
Tense be permitted to show the
meaning of the bible"
Conflict OF Tenn. Laws
Hayes charged Scopes was leopard
lied by two laws, one compelling him
to teach Hunters biology because il
was the text book approved by the
state text book commission and the
other as the state commended, forbid
ding him to teach it. One law, Hayes
said, ordered him to teach biology
the other forbade it.
This aroused the ire Of William
Jennings Bryan, who entered the de
bate for the first time. The common
ers remarks led defense counsel t
demand whether Bryan had been en-
tered on the record as an attorney To-
the prosecution.
Bryan, Sr., Enters Fray
1.-THE Tennessee legislature passed
this anti-evolution law without sus
pending the right of Scopes to teacl
this book" said Hayes. m nav
Bryan interrupted; ut does no
matter if the book was authorized, tn,
teaching of the theory of evolution
was forbidden, he had no right Il
teach IT," 80 faF4N
THAT is very good theory" Hayes
admitted, "except the defense holds
that if the new law intended to amend
the old one, 1T would have said so"
Hayes spoke the name "Mr. Bryan,