The Washington times., 1925-07-17
CONTINUED from First Psge.l

NOOnIlnQeQ from flTSI E5Se.t
brought here by the defense, but
barred from the trial by ruling of
presiding Judge John T. RauIston.
In it a score of the nations great
est biologists, biologists and Bible
students will voice their belief that
evolution does not conflict with the
Biblical stories of the Divine crea-
ton OF man.
Desperate Motions Due.
When court convenes, the brief
win be filed, desperate defense mo-
tions entered to swell the grounds
for an appeal and the case ended
by Scopes conviction.
With defeat in this mountain
court room staring them in the
face, the defense won it's first vic
tory of the case. over the harsh
objections Of States attorney and
after exchanges of personalities the
defense was given permission to
enter on the record the testimony
Of the experts whose opinions were
not needed by the court OF jury
Of farmers in deciding whether
evolution conflicts with Divine crea-
ton.
orninously, "but he didn't
He looked away and the storm
passed without further damage.
The session opened this morning
with prayer as usual and then came
the courts ruling. Later, when de-
tense attorneys were Directing to
the decision, the court announced
that If he found he had made a
mistake. after reading the testi-
mony of the scientists, he would
reverse himself.
After another clash between coun-
sci the defense won a second minor
victory when the court refused the
States appeal for the right to
cross-examine the witnesses An
agreement then was entered for adj.
journment of court until Monday,
while the scientists hurried away
to THE Mansion" on knoll over
looking Dayton, to prepare their ex-
cluded testimony.
barrow Very BelIigerent.
This strange procedure was taken
first to preserve the record of
science on the appeal to higher
Jurisdiction, and second. that the
scientific theories on the origin
of man might not leak" into the
jury's ears. It was done with tre-
quent clashes and after Clarence
barrow, ranking defense counsel,
had openly charged the court with
favoring the prosecution.
When that occurred, an ominous
silence spread through the court
room. The spectators leaned for
ward in their seats, but the "buIl
dog" criminal lawyer from Chicago
never flinched.
The judges ruling had outraged
defense attorneys. First. Arthur
Garfield Hays. then Dudley Field
Malone and lastly Darrow himself
had attacked the decision. barrow
was mad. Swapping his suspenders
: the Chicagoan growled: 1T Is
strange that the court has sus
tanned every motion made by the
State and overruled every motion
made by the defense"
The court room was shocked The
States attorneys were amazed Tho
Judge stood facing Darrow, uncer
tain what to do.
Does the attorney intend to re
fleet on the court?" Raulston asked
in a low tone.
HE has the right to decide that.
snapped barrow. looking the judge
in the eye.
Raulston's opinion, in part fol-
lows:
"In Tennessee, an act should he
construed so as to make IL carry
out the purposes for which il was
enacted.
1.-THE legislative intent will pre-.
vail over the strict letter, and In
order to carry into effect ifs in
tent, general terms will be limited,
and those which are narrow eX.
banded.
"In the act Involved I'm tine case
at bar, If 1t found consistent to IN.
terpret the latter clause blaming
any theory which denies the Bib
Heal story Of the Divine creation
Of n1aUp, as explanatory 0f the Iegis.
Iative intent as to the SffenSe pro