New Britain herald., 1925-07-16
Argues That Issue Is "Guilty or Not Guilty" And Explanation of Evolution Is Not Necessary.
Defense Admits Scopes Taught Subject But In. sists Upon Showing Just What Is Is.
By The Associated Press.

By The Associated Press.
 Court Room. Dayton, Tenn, July 16-Dr. Maynard M. Metcalf, pro- lessor Of zoology at Oberlin college and long engaged in research in that field, resumed the stand at the opening of the days court trial of John T. Scopes,
 The zoologist started his testi- mony yesterday with the Jury ex- Cluded. Argument was to follow on the competency of the testimony. the state resisting the effort of the de- fense to get this testimony in.
 state Objects
 Before pr. Motcalf could ansrsr Clarence Darrow's first question on evolution, Attorney General A. T. Stewart objected to continuation of this testimony, the state claiming the witness had testified at sufficient length 10 show the nature Of the testimony.
 It was said. however, that the court and attorneys were not in full accord as to the procedure in the case of the "test witness" the de- fense proposing 10 put him on the stand again If the evidence should be admitted
 The court requested nr Metcau 10 stand aside.
 To Explain Evolution
 Clarence Darrow stated then that the defense expected 10 show tha, the Bible was not in conflict wifi the theory of evolution "Wo ev. pect 10 show what evolution Is" said the Chicago lawyer.
 We subnit" he said. Athot sa jury cannot decide the I'ss 1nltrlH gently without knowing ufiS tvolu ton is"
 II was announced that Arthur G Hays of defense counsel would make the argument for the defense and 'hls led 10 discussion of the order In which the arguments would be delivered. During the discussion he. tween the attorney general and Mir nays the court admonshed the al. torneys 10 address the court inste5d of each other.
 Young Bryan Opens
 William Jennings Bryan. Jr. opened for the prosecution.
 The lury. excluded from the cou<t room yesterday during the testimony or pr. Maynard Nj. Metcalf, "test witness, 'stlll was out Of the room,
 The argument by young Bryan marked his first appearance before me court. He characterized the ex- pert testimony suggested by the de- tense as the weakest, the most capable of abuse and the most dan gerous."
 He said that Mir. Darrow in the hoeb-Leopold trial characterized ey- perts as 'purveyors of perjury"
 Father Listens
 During his sons speech William Jennings Bryan sat just behind him and listened intently 10 every word. leaning forward at intervals to hear. Finally Bryan moved his chair and took a seat several feet nearer his son
 In support Of his contention that testimony should be confined to facts, young Bryan cited numerous authorities.
 The defendant. John Thomas Scopes, seated with his counsel, list. ened with his elbows on a table and appar"ntly followed the argument closely
 Tho Only Issue
 "The only issue this jury must decide Is whether or not John Thomas Scopes violated the law" he said ITO permit testimony by eXrerts would be to substitute trial by experts for trial by lury" Among the authorities cited hy young Bryan during tho course of his speech were many decisions by the supreme court of Tennessee.
 Bryan, Jr, spoke in so low tone Ithat he was requested at intervals hy counsel and the iudG to raise his voice. His tones gradually hrrum' more audible as he warmed ur,"
 The entrance had been closed anl TO more spectators were heinz ad mitted, The room was thus l,' crowded than upon former days, " though every scat was orcupirl.
 speak Up." SaNs naTrow
 Speak up, Mir Bryan port7 suggested to the young attorney
 The spectators rose m and tnr a overwhelming stretch as Er1a finished his argument md iho ccn1 declared a brief recess.
 Defense Replies,
 Arthur Garfield Hays responded for the defense.
 First" he said, "tho prosecution insisted upon the jury's not hearing the law Now they insist upon ih not hearing tho facts,
 We admit that MT. Scopes taugh what the state said he taught no that he violated the law by doing so for one. must he shown that ther is variance between what he taught and the Bible, "Our scientists are not here to give opinions. They are here to state the facts of science, None ci them are r71 experts. They come |