Evening star., 1925-07-17
OarroW and Judge Clash.
Former Gives Latter
Fright to Hope" Courts
Integrity Is Not Attacked.
DEFENSE is PERMITTED
TO PUT CASE IN RECORD
Will Prepare Substance of What
Experts Would Have Testified.
Trial May Be Brought to Close
Monday-Raulston Says Law Is
Clear to Any Mind.
By the Associated Press.


COURTROOM, DAYTON, Tenn.
July 17.-After Judge John T. Raul.
ston had excluded scientific testimony
in the Scopes case court was adjourned
until Monday morning at o'clock
The intervening time will be spent by
counsel for the defense in preparing
statements for the record of what
their witnesses would have testified
had they been permitted to take the
witness stand.
Judge Raulston's decision to exclude
the experts from the witness stand
developed sharp clashes between
Arthur G. Hays and Judge Raulston
and Clarence Darrow in the court.
Mr.. Darrow had asked for the rest
of the day TO draw up proof which the
defense wished to present. The judge
asked if it would take the rest of the
day.
Mr.. Darrow said he did not under
stand why every request Of the de-
fense was overruled.
Word Clash Is Torrid.
IT hope you do not mean to reflect
on the court" said Judge Raulston.
You have right to hope" replied
Darrow.
Il have right to do something
else" said Judge Raulston.
"All right, all right, then" said Oar
row, apparently ending the clash.
Mr.. Bryan insisted on the right of
Cross-examination of the defense wit
nesses in the absence of the jury. He
submitted that no one-sided case
should go before the higher courts.
Mr.. Darrow insisted on having the re-
mainder of the day in which to pre-
desired to put into the record.
Well" said Judge Raulston, "if
YOU think it will take the day, justice
is more important than time
Although court was in session only
30 minutes, the judge giving his de-
cision at 9:51, 1t was stormy. After
defense attorneys had raised their
voices in vehement protest to the
courts ruling, another argument de-
veloped on the question of the week
end recess. The defense insisted on
this step, and while the State pro-
tested, the court finally ruled for the
halt in the proceedings. Judge Raul
ston indicated, however, that on his
return to the bench Monday he would
insist on the case moving more rap
idly. This was taken to mean that
the case might. end Monday.
Stewart Hits Defense.
Attorney General Stewart said that
paign of education for their theories
of education and evolution through
the medium of this trial.
The State offered no objection, he
said, TO permitting the defense to
offer the substance of the testimony
in affidavit form.
Dudley Field Malone denied that a
Quoted although he said he thought
the way in which the defense had
conducted the case was educa tional.
He said that the defense was meeting
propaganda started by "a distinguish
ed member of prosecution counsel" "
Judge Raulston said he was not in
Clined, after having given an opinion,
10 hear testimony to show that the
opinion was wrong.
Mr.. Darrow heatedly said that if
such witnesses are put on the stand
it would not be proper to cross-ex-
anime them. 1t would be the purpose
of such testimony, he said, to show
what the defense expected to prove.
1t the defense wishes to put it's proof
into the record in the form of affi-
daVits it has that privilege of so do
ing. If 1t puts witnesses on the stand
TO show what it expects to prove,
then the State has the right to cross
examine.
Text of Opinion.
Judge Raulston in his opinion ex-
Cluding scientific testimony said
This case is now before the court
upon a motion by the attorney gen
eral to exclude from the consideration
of the jury certain expert testimony
offered by the defendant, the import
,.f
explain the origin of man and life
The State insists that such evidence
Is wholly irrelevant, incompetent and
unimportant to the issues impending
and that it should be excluded
Upon the other hand, the defend
ant insists that this evidence is high
ly competent and relevant to the
issues involved and should be ad-
mitted."
He read the first section of the
statute involved in this case and
added:
The State says that it is both
proven and admitted that this de-
fendant did teach in Rhea County,
within the limits of the statute, that
man descended from a lower order
of animals, and that with these facts
ascertained and proven, it has met
the requirements of the statute and
ants guilt. and with his guilt thus
admitted and established his ultimate
conviction is unavoidable and in
evitable and no amount of expert tes-
timony can aid and enlighten the
court and jury upon the real issues
or affect the final results.
I'm other words, the State insists
that by a fair and reasonable construc-
tion of the statute the real offense
provided against in the act is to teach
that man descended from a lower order
of animals, and that when this is ac-
complished by a fair interpreta ton
and by legal implication the whole Of
Tense is proven. That is, the State
says. that the latter clause interprets
and explains what the Legislature
meant and intended by the use of the
clause any theory that denies the
story Of divine creation as taught in
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