Evening star., 1925-07-10

separated the two. Reindictment to-
day cured this defect, it was said by
attorneys.
First Indictment Quashed.
on motion of the attorney general.
the former indictment against Scopes
was quashed. having been superseded
nv the second official document in the
case.
The indictment ALLEGED that Scopes
did unlawfuily and wilfully" teach
in Tennessee schools certain theories
that deny the story of the Divine ere
alton of man as told in the Bible. 1t
charged that the instructor taught
that man was descended from a lower
order of animals. This alleged teach
ing was against the peace and dig
nifty" of the State.
Clarence Darrow, speaking for the
defense, told the court his side had a
number of scientists il expected to
call TO testify The defense would
like to get an indication when 1t
might be possible to call them as
they were busy men. and 1t was hoped
that they would be able to testify
with minimum of effort.
Jury Seen in Short Time.
Judge Raulston inquired of the
to get a jury and the attorney sug-
gested it would require a short time.
Mr.. Darrow said he expected it
might take some time. The Chicago
lawyer added that he considered
scientists competent within the case.
Judge Raulston indicated that he
would go into this matter when a
jury was sworn In the case.
A last-minute change in counsel for
the defense was indicated by the fail
ure of John L. Godsey, Dayton attor-
ney, to appear with the other lawyers
in court after his absence from con-
ference of defense attorneys last night
had been regarded as significant.
While Judge Godsey told the AS
Pociated Press he had no statement TO
make at this time, he said he would
not appear in court with other de-
fense counsel. He said, however, that
he did not wish to harm the defense
case. He declined to discuss his rea-
son for the action, although it is
known that Mr.. Godsey has desired
from the beginning to have the trial
of the case confined to the constitu-
tional questions involved.
Bryan Is Cheered.
During the first two hours of to-
days court session one outburst of
cheering came from the hundreds of
spectators crowded into the court
room. 1t marked the arrival of VIII
liam Jennings Bryan to begin his
work in connection with the prosecu-
ton of Scopes.
Several school boys, former stu
dents of Scopes were called before
the grand jury to testify. They were
followed by the presentation as evil
dence of Hunters biology, the text
hook used by the defendant and the
testimony of Walter White. superin-
tendent of the Rhea County schools
and prosecutor of the case.
Spectators began to find seats in the
courtroom two hours before the trial
began. BY 500 o'clock the high-ceil-
inged room, which will seat approx
mately 500 persons. contained a hun
dred men, with a scattering of woman
observers.
The lawn and walks outside were
thronged with visitors, who included
mountaineers and khaki-clad tourists.
Motion picture cameras were placed at
strategic points to shoot" the princi-
pals in the case as they approached
the scene of the evolution trial.
a hum of tense conversation filled
the courtroom, and above this sounded
the clatter of reporters typewriters
and the muf1ed click of telegraph in
struments.
Judge Raulston entered at $50, fol-
lowed by his wife and two young
daughters and mother-in-law. The
judges family took seats within the
railing. Raulston was busy shaking
hands with friends.
G. H. West brought in a bunch of
flowers and placed them on the
Judges desk They were rhododen-
drons, sent by friends from Laurel
Falls, six miles from De gton.
Building Is damned.
At S:45 few seats remained untaken
and the entrance and stairways were
crowded. The attorneys and the de-
fendant were slow in arriving. Rules
were lacking for controlling the entry
of spectators. Raulston indicated
that regulations to check the over
flow would be perfected.
Dudley Field Malone of defense
counsel, followed by Scopes attor-
neys, Darrow, Hays. Neal, and the de-
fendant's father. entered at $50 and
took seats at the counsel table to
the left of the judges seat.
All principals in the case passed
through a group of photographers
at the entrance TO the courthouse
grounds. Judge Raulston. with a
Bible and a dictionary under his arm,
posed for them for several minutes.
Scopes, entering the grounds with
Darrow, Malone. Hays, Neal and Rap
pleyea, was held for several minutes.
When they finally pushed their way
through the crowd, disappointed cam
era men scampered ahead and posted
themselves upon the courthouse steps.
With a prayer by the Rev. VIII
liam M. Cartwright, pastor of the
Dayton Methodist Episcopal Church
South, court was convened.
The opening of the court was
marked by what was expected to be
the first, ,~Cbf many demonstrations
when the entrance of William len
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