Evening star., 1925-07-07
SCOPES PLANS new
i. S. COURT MOVE
Evolution Case Defense, Re-
fused Injunction by One Judge
viii Petition Another.
By the Associated Press.


DAYTON, Tenn, July Refusal
OF Judge John J. Gore to issue a Fed
eral restraining order at Cookeville
last evening insured the appearance
OF John T. Scopes in Rhea County
Circuit Court at Dayton Friday to
answer charge of violating the Ten
nessee statute prohibiting the teach
ing of theories of evolution in public
schools.
Judge Gore, to whom counsel for
the defense of Scopes appealed for an
order to halt prosecution proceedings
scheduled for Dayton, held that it was
not within his jurisdiction to inter
fere with case pending in a State
court" and expressed doubt that If
1t were in his power he would grant
the petition on the strength of the al
legations set forth. The constitu-
tionality of the Tennessee statute
which Scopes is alleged to have vio-
lated was not touched upon by the
judge.
New Move Planned.
No appeal will be taken from Judge
Cores ruling now. it was announced
by John r. Neal, leading counsel for
Scopes, but application will be made
IN the near future to Judge Ben Hicks,
Federal judge for Eastern Tennessee
for Federal court order.
With the uncertainty removed as
to the scene of the evolution contro-
versy trial, Dayton looked forward to
the arrival today of William Jennings
Bryan, who is one of the prosecution
counsel. Mr.. Bryan is scheduled to
arrive about noon. A. T. Stewart, so
licitor general for the eighteenth Ten
nessee judicial district, is also expected
n rr-ffh T..
Bryan and others of the prosecution.
Counsel engaged for the defense of
Scopes yesterday in Cookeville were
denied their petition for a Federal re.
straintng order to halt prosecution
proceedings scheduled for Dayton.
Two Pleas Filed.
Two petitions We're presented in
CookeVille yesterday. One named
Scopes as the plaintiff, who averred
that he was deprived. under the law
in question, OF his liberty and property
without due process of law and that
enforcement of the Iaw prohibiting
teaching of evolution theories was not
a valid exercise of the police powers
of the State of Tennessee. The sec
ond petition was in behalf of Robert
NJ. Wilson, a citizen of Tennessee, who
contended that under the law he was
deprived of the right to give his chill
dren a proper education. Both petit
tions were signed by John r. Neal,
Clarence Darrow and Bainbridge
Colby of counsel for Scopes.
Word from Cookeville last night
was that DIR. Neal and Prof. Scopes
would be in Dayton today.
Fourteen Farmers in Venire.
Farmers predominated in the special
venire drawn for the trial, which is to
agriculturists in the 20 persons drawn
in Rhea County Court. The list of
veniremen follows:
First district-W. F. Robertson, farm
er; Rev. j. NJ. Kinds, Lee Garham,
farmer; Jack Holloway, farmer; w. D.
Smith, farmer.
Second district-F. A. Odem, farmer;
w. r. Houston, farmer; J. B. Leuty.
farmer; G.. B. Gibson, merchant:
William Day, farmer; ]. r. Thompson,
fruit grower and former United States
marshal.
Third district. +. Evans, farmer:
w. G.. Taylor, farmer; Z. w. Hall,
farmer; William Weir, teacher; L. n.
Rodgers, president of the Dayton Can
ming Co.: Samuel P. Hood, farmer: W.
A. Ault, merchant; H. r. Thomas. mer.
chant and Dayton city commissioner;
J. n. McMillen, fruit grower.
Fourth district-W. T. Green, physi-
clan; B. F. Webb, merchant; J. G.
Clouse, travelling salesman; Il. II. Bow
man, farmer; j. Green, farmer; T. E
Benson. fruit grower; r. M. Green
member Rhea County Board of Educa-
ton and former member Tennessee
Legislature; Z. c. Byron, grocer.