Evening star., 1925-07-16
BRYAN'S REMARK
CREATES TUMUL7
Malone Brings Commoner to
Feet for First Time
During Trial.
By the Associated Press.

By the Associated Press.
DAYTON, Tenn, July 16.-Silence,
which has set at the State counsel ta-
BILE of the Scopes trial with William
Jennings Bryan, departed yesterday.
1t was absent only a moment. but
even its temporary departure and the
succeeding brief remarks shattered
the intense expectancy that charged
the atmosphere, as Mr.. Bryan arose
and awaited recognition from the
court.
During the course of Dudley Field
Malone's statement to the jury of the
course to be followed by the defense
in presenting its case the attorney for
the defense referred to Mr.. Bryan,
calling him by name, and character
lzlng him as the country's chief eX-
ponent of fundamentalism.
The first, comparatively mild, ref
erence brought an objection from At
torney General a. T. Stewart. This
produced remonstrance from Judge
Raulston, who instructed Mr.. Malone
not to refer to Mr.. Bryan by name in
connection with the statement.
Quotes Tribute of Bryan.
Then the defense attorney quoted
from a tribute paid Thomas Jefferson
by Mr.. Bryan a number of years ago.
" Jefferson said in the first place
that to attempt to compel people to
accept a religious doctrine by act of
law was to make not Christians but
hypocrites. He said, too, that
there was no earthly judge who was
competent to sit in a case and try
man for his religious opinions, for
the Judgment of the court, he said,
would not be a judgment of law, but
would be the personal opinion of the
judge. What could be more true. No
man who has religious convictions
himself bears them so lightly that he
can lay them aside and act as a judge
when another mans religious convic-
tiOns are involved.
Jefferson put first that which l
want TO speak of last. 1t was that
the regulation of the opinions of men
on religious question by law is con-
trary TO the laws of God and to the
plans of God. He pointed out that
God had it in His power to control
mans mind and body, but that He
did not see fit to coerce the mind or
body in obedience to the divine
will. Jefferson realized that
our religion was a religion of love
and not a religion of force"
These words, your honor, were
written 20 years ago by a member
of the prosecution in this case, whom
i have described as the evangelical
spokesman of the prosecution, and
we of the defense, appeal from his
fundamental views of today to his
philosophical views of yesterday
when he was a modernist to our
point of view"
Judge Orders Halt.
The words brought the attorney
general to his feet with an appeal.
The judge again instructed that no
further reference be made to Mr..
Bryan.
"Yes. your honor" ;" Mr.. Malone re-
sponded, but l do not think Mr.
Bryan is in the least sensitive about
It,"
Mr.. Bryan shook his palmetto leaf
fan slightly. Although his lips tight
ened, he shook his head and respond
ed, Not a bit
An exception was taken by Mr..
Malone to the ruling of the court
Then Mr.. Bryan arose slowly. Re-
porters leaned forward expectantly.
THE court can do as it pleases in
carrying out its rules" the firm voice
of the F'loridian began as he eyed
Mr.. Malone refiectively, but l ask
no projection from the court"
When the proper time comes !