The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1925-07-14
BARROW IS
TARCE IN
I RIAL
ROW
Stewart Calls chicagoan an
Agnostic and Defense
Resents Remark
By WILLIAM X. HUTCHINSON,
international News Service.

y -
international News Service.
COURTHOUSE, YTON,
Tenn, July IA direct religious
controversy was thrown into the
Scopes case today when Clarence
barrow, leading defense counsel,
formally objected to opening the
trial with prayer.
The objection was Overruled by
Judge John 7. Raulston and OAR
row immediately entered an ex-
ceptiOn into the record of the
case. The defense forcefulIy pro-
tested against the prayer, leading
| to sharp argument between attor-
neys for Scopes and the State
counsel.
Omits Mentioning Case.
After a sharp debate, Reverend
A. c.. Stribling. pastor of the
Cumberland Presbyterian Church.
was called to the judges rostrurn
to pray. The minister made no
reference to the case, but called
down blessings upon all connected
with it.
The clash was projected when q
bailiff called the minister's name.
barrow left the defense counsel
table, faced the judge and said: Il
object to the opening of court with
prayer. especially in the presence
of the jury
Attorney General A. Thomas
Stewart was on his feet, declaring
the jury was not present.
Il don't want to be unreason.
able the judge replied, but I DC.
lleve | have "a right to have prayer
here. am responsible for the
conduct of this court and it mas
been my custom to open with
prayer. l see no reason for re-
training to do so now and there
fore overrule the objection"
What I'm objecting to-" barrow
replied, his voice rising, lis to any
effort turning this courtroom into
meeting house when religion is
an issue in the case"
That was the spark for concerted
action by the prosecuting counsel.
All were on their feet shouting for
recognition. Defense attorneys
sprang from their table to tho
center Of tho. room, ranging along
side barrow Attorney General
Stewards booming f'your honor" at
last gained him the floor.
This is Christian country and
Christian community said Stew
art Il believe the court is right
and should not be influenced by
an agnostic, as every one knows
a prsyer is foreign to his nature"
Defense Resents Insult.
Defense attorneys were angered
by this shot at barrow.
"Oh, your honor" stormed Dud-
ley Field Malone. Darrow's associ-
ate Il object to the remarks If
the attorney general. want the
court to understand that my
colleague is as sincere in his UNI
belief as / am in my belief.
want also to state my objections IN
the prayer and 1 am as firm in my
Christian belief as any one here.
81 object to opening this court
with a prayer when it will affect
the defense in a serious way and
increase the atmosphere of hostility
in this county, which already ex-
lists by widespread propaganda.
Religion is not an issue here"
Stewart retorted. The only Ques-
ton before the court is whether
Scopes violated a law which for
babe him to teach certain theory
of evolution. That has nothing to
do with q prayer"
The judge listened, red with en-
bara ssment. He spoke in measured
tones, sharp with suppressed emo
ton.
1T is wholly in my province to
open my court with prayer" ne
said. 81 have instructed the min
listers not to say anything relating
to the case or the issue before us.
l believe in prayer. l constantly
invoke Divine guidance in my ju-
dicial duties. / am compelled 10
overrule the objection of defense
The minister moved forward to
offer prayer. barrow held up his
hand. Turning to the court re.
porter, he said in quiet tones; u