Evening star., 1925-07-20
BARROW IS: CITED
FOR CONTEMPT BY
SCOPES CASE JUDGE
Defense Counsel Leader
Smiles as RauIston Reads
Citation in Court.
LAWYERS BARB CALLED
OUTRAGE TO TENNESSEE
Court Session Today Taken Up by
Wrangle Over Experts
Affidavits.
6v the Associated Press


COURTROOM, Dayton, Tenn. July
20.-Clarence Darrow of counsel for
the defense in the Scopes evolution
trial was cited for contempt of court
today by Judge John T. Raulston.
The attorney was ordered to appear
tomorrow and show why contempt
proceedings should not be instituted.
The judge named as grounds for
the citation remarks of Mr.. Darrow
to the court Friday when the courl
excluded the testimony of scientific
experts from the jury.
The Chicago lawyer was directed to
make $4,000 bond for his appearance
TO answer the citation tomorrow.
On last Friday, the judges said,
Pcontempt was committed in this
court" He quoted from the record
Mr.. DarroW's exchange with the court
on the discussion after Judge Raulston
excluded expert testimony.
Judge Explains Delay.
until passion has had time to sub
due the court has withheld any ac-
fion," the judge read Il feel 1t is
now time to speak.
Men may become prominent, but
they should never hold themselves
superior to the law.
He who would hurl contempt at
my court insults and outrages one of
the greatest commonwealths in the
country.
II feel that further forbearance
would cease to be a virtue
The court received a guarantee of
Mr.. Darrow's surety and the trial
proceeded by efforts of the defense to
introduce documentary evidence in
the absence of the jury.
ton, Judge Raulston read from the
record of Fridays proceedings Mr..
Darrow frequently smiled and chuckled
as the court read.
Part of the colloquy read by the
Judge in citing Mr.. Darrow follows:
The CouTt-Colonef,wn is the pur-
pose of cross-eXamination?
Mr.. Darrow-The purpose of cross
examination is to be used on the trial.
The Court-Well, isn't it an effort
TO ascertain the truth?
RetOrt Is Quoted.
Mr.. Darrow-No, IL is an effort to
show prejudice. Nothing else. laugh
teri Has there been any effort to
ascertain the truth in this case? Why
not bring in the jury and let us prove
It?
The Court-Courts are a mockery-
Mr.. Darrow-They are often that,
your honor.
The Court-When they permit cross
examination for the purpose of Great
ing prejudice.
Mr.. 'Darrow-I submit, your honor,
there is no sort of question that they
are not entitled to cross examine, that
all this evidence is to show what we
expect to prove and nothing else, and
can be nothing else.
The Court will say this: If the
defense wants to put their proof in the
record, in the form of affidavits, of
course they can do that. If they put
the witness on the stand the State
desires to cross-eXamine them. l shall
expect them to do SO.
Mr.. DarroW-We expected il and
take an exception.
The Court-Yes, sir; always expect
this court to rule correctly.
Mr.. Darrow-No sir, we do not.
Uaughterl
The Court suppose you antici-
pated it.
Mr.. Darrow-Otherwis we would
not be taking our exceptions here,
your honor. We expect to protect our
rights in some other court. Now.
that is plain enough isn't it? Then,
We Will make statements of what we
expect to prove. Can we have the
rest of the day to draft them?
The Court would not say
Cites Opinion Ruling Delay.
Mr.. Darrow-If your honor takes
half day to write an opinion
Inc Court have not taken
Mr.. Darrow-We want to make
statements here of what we expected
to prove. l do not understand why
every request of the State and sug-
gestion of prosecution should meet
with an endless grant of time. and
bare suggestion of anything that is
perfectly competent on our part
should be Immediately overruled
The Court hope you do not mean
TO reflect upon the integrity of the
court.
Mr.. Darrow-Well. your honor has
the right to hope.
The Court have a right to do
something else, perhaps
Mr.. Darrow-AT right: all right.
Crowd Arrives Early.
The usual large crowds fiocked to
the courtroom today long before the
hour of convening. The auditorium
was comfortably filed half an hour
before Judge Raulston was to open
the court
On each counsel table lay a large
cardboard sheet, whose top bore the
TUE III DldCk type, ECanOnS or Pro-
feSsional Ethics" The canons were
listed in 81 divisions, beginning with
one which read:
The duty of the lawyer to the
courts: II is the duty of the lawyer
to maintain toward the courts a re-
spectful attitude, not for the sake of
the temporary incumbent of the
judicial office, but for the main
tenance of its supreme Importance"
The declaration was without an
bounced authorization, save this ex-
planatfon at the bottom:
These are rules for the conduct of
lawyers generally agreed upon and
posted by members of this bar that
you may know what to expect of the
lawyer"
Attorney General Stewart was
early on the scene, the first of either
counsel.
Godsey on State Side.
Judge John l.. Godsey, first at
turney for Scopes, and who withdrew
from defense counsel as the trial be-
gan. conversed with the prosecution
lawyers.
Deputies barred the main entrance,
but the eagar crowd slipped through