The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-07-13
QUASH MOTION
PRESENTEDIN
SCOPES TRIAL
Defense Lawyers Seek to
Have Indictment of
Teacher Set Aside
SESSION is UNEVENTFUL
Dayton Pastor Resigns From
Charge Over Protest on
Evolution Sermon

Dayton. Tenn, July l3.--(N Dis.
cussion Of a motion by the defense
to Quash the indictment against
John T. Scopes, charged with viola.
tion Of the Tennessee law against
teaching Of evolution theories in the
public schools, occupied the morn
ing session of court today.
Presenting the motion. John r
lowed by Arthur G. Hays, presenting
the same contention. Former Attor-
ney General 3. G. Mckenzie spoke
in opposition to the motion with Sue
X. Hicks. also Of state counsel. max
ing the last argument before the
noon recess.
Issues Are Profound
Judge Raulston. just before order.
ing recess until I o'clock. said to
sues in this case are profound and
the court does not wish to guess
adding that he would expect briefs
to be filed on the motion to quash.
Other than reading of the indict.
ment and questioning of juror as
to whether he had expressed an opin-
ion as to guilt of innocence of the
defendant the first hours Of the
days first session were uneventful.
A mild clash developed between At
torncy General Stewart and Clarence
Darrow and again between Dan G.
Mckenzie on one side and Dudley
Field Malone on the other. Neither
seriously ruffled the calm of the
court.
PASTOR RESIGNS
Dayton. Tenn, July l3.--LR- The
Rev. Howard Gale Byrd withdrew
from his pastorate of the Methodist
Episcopal church (Northern) here
Sunday when large part of his
congregation protested against the
proposed preaching of a sermon on
evolution in the church's pulpit by
DR.. Charles Francis Potter, modern
ist minister of New York.
Mr.. Byrd, who invited DR.. Potter
to occupy his pulpit, is pointed to
as the original inspiration for the
filing Of charges against John 7.
Scopes, whose trial on an indictment
alleging violation of the state law
against teaching evolution in public
schools began in. this town Friday.
Three Services Called on
The three regular Sunday preach
ing services were called of by the
pastor who announced to newspaper
men at the parsonage:
II have quit. have not resigned
II have quit!"
Mr.. Byrd is 81 years old and has
been pastor of the local church for
~f &c
CATION declared that the church had
grown more in three years of Mr..
Byrd's ministration, and had done
moro religious service than in all its
history of many decades.
Bryan's Pastor Turned Away
DR.. Foster W. Taylor, fundamental
list champion, and pastor of the Co.
coanut Grove Presbyterian church,
Miami, Fla. of which William Jen-
nines Bryan is a member, had been
invited by Mr.. Byrd to preach in
the church last night. He was in
formed by the pastor early Sunday
that the services had been Cancelled
Mr.. Byrd told DR.. Taylor that he
would explain later the cancellation
Of the invitation.
Taylor declined to comment on the
incident. He did not wish to say
what was the subject of the sermon
he had prepared.
Byrd Stands by Invitation
Potter, pastor of the West Side
Unitarian church, New York. until
his resignation takes effect in Octo-
Der. had announced evolution" as
the subject to deliver in the Metho-
dist church this morning. He was
to speak at the invitation of Pastor
Byrd.
Byrd explained that he quit" be.
cause he had invited Potter and in.
tended to "stand by him."