4
JURY’S “GUILIT ALL
DAYTON HAS LEFT
Darrow Expects Revenge on
Bryan in Higher
Tribunal.
BY ROBERT T. SMALL.
DAY'TON, Tenn., July 18. —Dayton's
day is nearly done. There is to be
a little more of the tumult and the
shouting, a few more bitter words in
court, the formal retirement of the
jury and the quick rendition of a
verdict of guilty. The verdict may
come by next Tuesday night, or it
may be delayed until Wednesday.
This trial has been notable for its
delays. But the end is near, so far
as Dayton is concerned.
There will be immediate appeals to
the higher courts. The defense on
Monday and Tuesday will merely be
going through the formality of com
pleting the records, upon which the
appeals are to be based.
There never has been a chance for
anything but a conviction here on
the narrowest possible interpretation
of the law. Some of the optimists
of the defense thought they were
making headway before Circuit Judge
Raulston and that he would be liberal
enough to let expert testimony as to
the meaning of evolution go liefore
the jury. They reckoned without the
fundamentalism of the court. From
the moment Judge Kaulston insisted
on opening the court each morning
with prayer the "liberals" of the de
fense were doomed.
Judge Accepts State Idea.
The court has held that the Tennes
see law says no one shall teach
man descended from a lower order of
animals. Young Scopes, the nominal
defendant here, taught from a book
which recited that all living creatures
"rose from a single life cell, man along
with all the rest of the animals.
Throughout the hearing here the
State lias persisted in its contention
that evolution means but one thing—
that man “came from a monkey.”
This has been injected into the records
at every possible crook and turti. The
judge has accepted the State's idea.
William Jennings Bryan has preached
upon it.
“Are we men or are we monkeys?”
the good Dayton folk have asked
themselves. Judge Raulston hearkened
to the cry and has decided in favor
of tlie men.
Mr. Bryan naturally is jubilant over
the turn of affairs. He feels he has
won a great victory. The Tennessee
statute has been attributed to his
teaching and to his propaganda. Now
that tne court has -ruled that the
•tutute must be held to the strict let
ter and its declaration that no person
may teach a theory which denies the
divine story of the creation of man
as set forth in the Bible, Mr. Bryan is
convinced a great step forward has
been made.
Mr. Bryan has taken the position
that any man w r ho does not believe
the Bible in its most literal sense is
an agnostic or an intidel. Judge Kaul
ston has agreed with him.
Defense Lawyers Convicted.
The judge, by ruling out the entire
theory of the defense, that evolution
is compatible with Christian belief,
has convicted Clarence Darrow, Dud
ley Field Malone, Arthur Garfield
•Hays and the other counsel for poor
little Scopes, in the eyes of this com
munity. To them the trial is over. The
real "defendants” who have been set
ting the county by ears are the law
yers from the "foreign States" of New
York and Illinois. Poor little Scopes
just read a paragraph or two out of
a book. The book had been taught in
the State for years. But suddenly it
was made illegal. The theory, which
had been good enough for the children
in February, was completely outlawed
in March. Scopes was a sort of victim
of circumstances. He never has utter
ed a thought of his own on evolution
or the descent of man.
But in behalf of Scopes, there was
imported into the State and county
three eminent lawyers. Bryan has
called one of them, Darrow, the great
est criminal lawyer of modern times.
These men came into the county and
began expounding in court their
theory that the world is at least 600,-
000,OOt) years old, when Mr. Bryan and
the Bible say it is less than 6,000
years old. These men came here and
protested against opening the court
each morning with fundamentalist
and anti-evolution prayers. These men
came here and talked about “lonely
little cells at the bottom of the ocean"
growing and growing and growing,
until finally they emerged from the
sea and walked upon the land and by
and by became men and w omen. These
men came here an’d said the Bible
should be read in the light of reason
and in the light of the scientific
knowledge which has come to the
world since the Good Book was
written.
Bryan Pleased Willi Success.
But Mr. Bryan has said the Bible
and jts miracles and its supernatural
phenomena must be accepted as the
"revealed religion." There should be
no attempt, he said, to explain the
story of creation. The evolutionists
have contended that the Bible has not
explained God's processes of creation.
Mr. Bryan has said to attempt to ex
plain these processes would be to
make agnostics, infidels, scoffers and
atheists of the children of the country.
Mr. Bryan has won his great vic
tory before Judge Raulston. Clar
ence Darrow. "the greatest criminal
lawyer of modern times,” has been
bested in a misdemeanor case by the
great commoner and evangelist.
Mr. Darrow says the higher courts
will tear this Dayton trial to bits. Mr.
Bryan says the learned judgment of
the learned Dayton court will stand.
Meantime there is yet to come the
conviction and sentencing of young
(Scopes. The maximum penalty is a
fine of SSOO. Judge Raulston already
,has denounced Scopes' crime as a
,"high" misdemeanor, so the fine is
sure to keep company with that con
ception of the offense.
-
Seven guests at a golden wedding
In Wales had attended the couple's
Wedding.
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JAMES BERRY President
JOSH L A W. CARR . Secretary
SCOPES SIDELIGHTS
By the Associated Press.
DA YON, Tenn.. July 18.—Attorney
General A. T. Stewart, representing
the State of Tennessee in the prose
cution of John T. Scopes, may tell the
Stewarts of South Carolina about the
Stewarts in Tennessee. Mr. Stewart
received today, through Dr. and Mrs.
H. B. Stewart, Fountain Inn, S. C.. an
invitation to attend the annual re
union of the Walter Stewart Clan at
Fairview Presbyterian Church, Green
ville Countv, S. C. The reunion will
be held August 27, and the attorney
general said today that he hoped to
be able to attend.
The underworked jury in the
Scopes case was having a full holi
day today. Being a member of the
jury lias'not interfered seriously with
activities outside the courtroom. The
jury has spent little time in court,
most of the proceedings being argu
ments not for the members' ears. The
jury heard four witnesses testify for
the State, and Dr. Maynard M. Met
calf give his biographical sketch.
"I got here too late.” were sad
words in Dayton today. Many per
sons, unaware of the recess over the
week end motored into the city to be
present as the case was tried in the
Rhea County courtroom.
Deprived of an opportunity to hear
a debate of opposing counsel, the visi
tors looked at the courtroom, visited
the drug store "where it started." and
wondered if every passing bareheaded
man was John Thomas Scopes, the
defendant.
Scopes apparently was not per
turbed by Judge Raulston’s decision
to keep scientific testimony out of
the case. He did not change expres
sion as the judge read his decision,
and he was able to go swimming in
the afternoon. Scopes said today that
he has made no plans for his program
after the "Scopes case" ends.
Around the council tables in the
SCOPES’ ATTORNEYS
RUSH AFFIDAVITS
FOR TRIAL RECORD
(Continued from First Paste.'
torney General A. T. Stewart pro
nounced the decision a glorious victory
for the State.
The taking of testimony from the
scientific witnesses proceeded far into
last night as, under the direction of
Mr. Darrow, a corps of court stenog
raphers busied themselves in pre
paring the affidavits.
The Scopes trial has been a failure
from the concessionnaire’s point of
view. Dozens of stands were erected
along the streets of the city in the
neighborhood of the courthouse, two
of them rearing their brown tent roofs
above the grass of the courthouse
lawn. One of these, a barbecue stand,
behind which the beauty ot' the lawn
has been marred by a huge pit for
the preparation of the meats, has
not lost money, the owners say.
A few of the local concessions have
lost nothing. Built cheaply, there was
not any great investment required
for the construction of the stands, but
despite the small expenditure, many
of the men declare they have failed
to earn enough to authorize the in
vestment.
Hurt by Ruling.
Ruling of Judge Raulston barring
expert testimony yesterday brought
general sorrow to the concession men.
Their earnest desire was that the trial
might be prolonged until they might
break even as they had- expected.
"I paid $25 rent for the ground
upon which my stand is built," one of
them said, “and the building itself
__ i
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THE EVENING STAR, WASHINGTON. D. C., SATURDAY, JULY 18. 1925.
arena where the evolution is being
contested daily accummulations of
castoffs of mail litter the floor. De
fense and prosecution lawyers and the
defendant. Scopes, are receiving a con
stant stream of advice on the conduct
of the case from supporters through
out the country.
One letter from a would-be legal
counselor to the young school teacher
announced that if the defendant would
present to Judge Raulston the Inclosed
"motion" the court would "Immedi
ately release him and end the trial.”
Pamphlets, booklets, leaflets and
folders discoursing on many phases
of legal and economic subjects flood
the desks of the principal actors in
tho evolution test case. All the send
ers hope to be “of some assistance” to
the representatives of one party or
the other.
In the custody of the court Is a
bundle of letters and circulars ad
dressed to members of the jury.
Music by the Dayton High School
Band, whose organization John T.
Scopes aided, floated up last night into
the judicial hall where the biology in
structor is on trial. The band, which
includes both boys and girls, played
for an appreciative audience stretched
out on the courthouse lawn or seated
on the rough plank seats of the "air
dome.” The youthful musicians have
given several concerts since the trial
has been in progress.
The mountain roads and tree grown
slopes around Dayton were visited to
day by scores of court attendants who
have been too closely occupied by the
trial for attention to the impressive
beauties of nature. A large part of
the corps of news reporters went Into
Chattanooga for the week end or went
off to one of the many mountain re
starts in adjacent counties. Some took
a more extended sightseeing trip to
the Smoky Mountains, leaving this
morning, expecting to return tomor
row afternoon.
CHURCH ADMITS DARROW.
Liberal Sect In Denver Honors
Scopes Defender.
DENVER, Colo., July 18 (/P ).—
Clarence Darrow yesterday was elect
ed to honorary membership in the
Liberal Church of Denver because of
the part Darrow has played in the
defense of John Thomas Scopes.
In electing the Chicago lawyer, the
church went on record as “accepting"
his "theory of Christianity.” The
church also sent Mr. Darrow a letter
expressing hope that the Scopes trial
would succeed in bringing about "the
early thoughts, now dormant in many
minds, that imbued the foundation of
progress in the American conscience."
Fisher Body Co. Buys Rival.
DETROIT, July 18 OP).—The Fisher
Body Corporation yesterday announced
the purchase of the Fleetwood Metal
Body Co., Fleetwood, Pa. No price
was announced. The shops will be
maintained at Fleetwood.
■ >
United States Envoy Improving.
TOKIO, July 18 (A 3 ).—The condition
of Edgar A. Bancroft, American Am
bassador to Japan, who has been ill
at Karulzawa for some days, showed
slight improvement yesterday.
cost about the same amount of money.
A man’s got to take in money fast
if he breaks even on a thing like
that.”
The town prepared to entertain
thousands and the crowds came by
hundreds.
STATUS OF BELGIAN
MISSION ANNOUNCED
Members Named to Consider U. S,
Debt Coming Without Des
ignated Leader.
By the Associated Press.
BRUSSELS, July 18—Foreign Min
ister Vandervelde announced that all
the members of the mission which is
soon to leave for the United States to
negotiate a settlement of the Belgian
war debt will be on an equal footing.
It previously had been understood that
M. Theunis, former premier and
finance minister, and later Baron Car
tier de Marchienne, the Belgian Am
bassador to the United States, would
head the mission.
Deputy Plregard, Socialist, speaking
in the chamber yesterday on the debt
question, declared: "Those who know
the meaning of the words fair and un
fair understand the surprise and bit
terness of the Belgians over repudia
tion of President Wilson's signature.”
The deputy recalled the speech of
the French Deputy Marin, in which it
was asserted that France and Belgium
were perhaps creditors of their cred
itor. M. Plregard remarked that 12
American States after the Civil War
repudiated debts due European cred
itors amounting to about 1,100,000,000
gold francs.
GIRL’S CASE BAFFLING.
Disappearance of Frances Sullivan
Still Unsolved.
Mystery of the disappearance of
Miss Frances Sullivan, 18-year-old
Eastern High School student, has not
been solved by the police of this city,
Montgomery County, Md., authorities
or relatives of the missing girl. It
has been one week since she wrote
messages to her sister at her home,
2922 Tenth street northeast, and later
deposited her clothing on the river
bank near Rock Spring, Md., a suicide
note pinned to the bundle.
Then came reports from various
sources that the missing student had
been seen at different places garbed
In a sailor costume, but police think
they were mistaken in the identity.
Inspector Grant, chief of detectives,
yesterday issued another order to the
police to make every effort to find
Miss
HILL HEADS DIVISION.
Chief Petroleum Engineer in
Charge of Investigations.
Appointment of H. H. Hill, chief
petroleum engineer, as the head of
the petroleum division of the Bureau
of Mines, to have supervision of all
petroleum Investigations conducted
here and in the field, was announced
today by the bureau. Mr. Hill has
served as assistant chief petroleum
engineer for the past two years and
previously was supervisor of oil and
gas lease operations.
8. P. Kinney, assistant metallurgi
cal chemist, with headquarters at
Pittsburgh, has been named super
vising metallurgist of the bureau, and
O. B. Sims, electro-metallurgist, has
been named chief of the metallurgical
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ner will become acting superintend
ent of the southwest experiment sta
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n August 1.
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FINDS WOMAN AUTO DRIVERS
EQUAL TO MALE OPERATORS
“Just as Competent , If Not More So, ” Is the Judg
ment of American Automobile Association.
“Sideswiped Husbands’ 9 Protest.
Woman automobile drivers are just
as competent, if not more so, than
men.
This statement is made by the
American Automobile Association af
ter a series of tests conducted by the
Institute of Government Research.
The two most important tests, the
speed with which the driver reacts to
to danger and takes steps to avert it,
and the consistency with which the
driver responds in such a situation,
were participated in by student groups
selected from George Washington
University, special cure being taken
that they averaged about the same
previous experience in driving.
"There is no basis for the assertion
that women are more liable to lose
their heads,” the report says. "It is
largely a myth that society has fos
tered by playing up the idea that wom
en are expected to be emotional.
There is no physical reason why they
should be.”
“Sideswiped Husbands” Protest.
The above announcement brought
forth today a sharp retort from the
Amalgamated Association of Bide
swiped Husbands, in which the find
ings of the Institute of Government
Research were arraigned caustically,
with intimations that the report was
colored by “chivalry for the weaker
sex.”
A series of “poignant, pertinent ques
tions" was flung direct into the "hen
pecked countenances" of the experts
sponsoring "statements so manifestly
prejudiced." The association of hus
bands, keeping their Identity discreetly
veiled, want to know:
Why taxicabs and busses give right
of way to nobody but woman drivers?
Why fender and bumper repair
shops are willing to spend huge sums
of money in encouraging more women
to drive automobiles?
Why, when a woman driver wishes
to pass an automobile on an open
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BERNHARD IV. SPILI.E, Manager
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road, she blows the horn until the
driver of the car in front, thinking
the fir# engines are coming, moves
over to the dittih. And then says,
“Oh. I can’t pass him, honey, you
drive now.'’’
Why is it a woman driving a car
always will do exactly what everybody
behind, in front and abreast of her
thinks she will not do?
Why is it a woman cannot learn to
shift gears without driving the car
in low speed at 15 miles an hour, in
second at 25 and then goes into third
with a noise that sounds like some
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body threw an anvil Into a steam
turbine?
Why Is it the ring gear, the rear
end and the universal joint always
happen to break when "my wife was
driving”?
What has been found to be the
primary cause for insanity among
traffic policemen?
Why are women the greatest con
t.ributors to the municipal fund for
broken lampposts?
Why is Traffic Director Kldridge
Haid to be considering the installation
of full-size, lifelike decoys resembling
a woman-controlled automobile at in
i t erseetions where he wants cross
| traffic to come to a complete stop?
Why do Inspector Brown’s permit
: examiners have a hunted look in their
eyes?
The association concludes its state
ment with the suggestion that, grant
ing, for the sake of the argument,
that woman drivers have less trouble
negotiating traffic than men have,
perhaps it is because traffic automati
cally and spontaneously scatters for
safety when the familiar form of a
woman driver, with tilted bonnet and
grim countenance, heaves into view.
SLANDER OF FASCISTS
CHARGED TO ENGINEER
Refused to Shake Hands With Of
ficial cf Government After
Street Fight.
By the Associated Press.
GENOA, Italy, July IS.—lt is re
ported the public prosecutor has of’
fieially charged Haffaele Rossetti, aiv
engineer, with “outrageous
against the Fascist government.” Th«.
charge follows a street fight in whi< U
Rossetti engaged during argument■
aliout tite trial at Florence of Prof.
Salvemini, accused of violating the
Fascist laws regulating newspapers.
A Fascist official met Rossetti after
the fight and expressed sympathy for
the latter, who was bleeding severed >
The official offered to shake hands
I but Rossetti refused, declaring: “I
i will not shake hands with an official
of the Fascist government.” The of
ficial charges of the prosecutor then
were made.