New Britain herald., 1925-07-14
Malone Also Objects In Evolution Case But Judge Raulston Over- rules Their Objec- tions.
Ruling Sometime Today Is Expected on Defense Lawyers Motion to Quash the Indictment Against Scopes.
By The Associated Press.

By The Associated Press.
 Court Room. Dayton, Tenn, July 14-Objection by Clarence Darrow of defense counsel, to the daily cus- tom of prayer in court created some excitement for few minutes at the short session of the trial of John T. Scopes today.
 Judge Raulston overruled the ob- jection and then ordered a court re- cess until 1 o'clock that he might complete the preparation of his opinion on the motion of the defense to quash the indictment argued yes- terday.
 Darrow Raises Objection
 Soon after Judge Raulston mount ed the bench. Clarence Darrow step ped forward to say "I want to pro- test, your honor. at prayer being of- fered here daily In the presence of the jury in this case"
 The defense continued: T do not object to anyone praying in private, but do object to this court being turned into meeting house."
 Malone Also Protests
 Dudley Field Malone was just be- hind his colleague with an inquiry to the judge If 1t had always been the custom to have prayer in court every day. As a member of coun- sel for the defense who is not an agnostic," he said. 'I desire to add my objection to daily prayer being offered here when it has not been an exacting and unbroken custom in the past.
 "1 have every respect for what Mir Darrow believes and does not hc- lieve," said Malone. "and "istt 10 offer an objection as member of defense counsel.
 Prayer Argumcntati,e
 we have talked this thing dvct in our chambers and believe that the opening with prayer is prcjudt. cial to the interests of the defendant Most of the opening prayers offered by ministers so far have been largely argumentative.
 we hold that this practice create. a religious atmosphere here which Is harmful to our cause. Will the court say If this has been the prac- tlce here without exception?"
 Attorney General Stewart rose to- day: This Is God-fearing commit nifty and we are accustomed to pray around here. It is the usual thing in this part of the country"
 Lawyers Clash
 And I would have you know" Mir. Malone broke In Vehemeptly. that they are just as God-fearins where come from as they are any where"
 "I hope that is true" said Mir, Stewart.
 "It is."
 "T am glad to know it."
 Judge Raulston broke in to say that the court did not want to he unreasonab ble to anyone, but I be. lieve I have the right. I am respon- sible for the conduct of the court It has been my custom since I have been judge to have prayer in court There Is no reason why should not follow this custom. So will over rule the objections"
 Darrow's Exception.
 Mir. Darrow in making his excep. ton, said that he understood from the court himself. that he sometimes opened the court with prayer and sometimes did not,
 we took no position on the first day, but seeing this is persisted ir every session, and the nature of the case being one where it is claimed by the state counsel that there Is conflict between science and reli- zion, above all other cases, there should be no part taken outside Of the evidence in this case. and no at tempt by means Of prayer or tr any other manner ot influencing the deliberations and consideration o' the Jury Of the facts in this case
 For that reason we object to th' opening of the services with prayer and I am going to ask tho reporters to take down the ?rayer and maks sees fiji 10 do 1t and such an iiea rrts ss we think are especially oh noxious to OUT case" Ben T. Mckenzie suggested that the matter had been passed ON by the supreme court
 Attorney General Stewart followed with sn announcement thet he would place tho states position ir the record.
 "The state makes no contention. he said, "as stated by counsel that i this Is a conflict between science and religion insofar as the merits aye concerned. + Is a ease onvolVtnE the fact as 10 whether or not ? school teacher as taught n doctrine prohibited hv statute. and we. for the state, think it Is quite proper 10 open this court with nravor f the court eses fit to do if and such an Idea 1 extended by the sgnostic counsel for the defense is foreign to the thoughts and ideas of the people who do not know n~vthinr about infidclity and care less" Malone Defends narruw.