Roseburg news-review., July 10, 1925, Page 6, Image 6

SIX
ROSEBURG NEWS-REVIEW. FRIDAY, JULY 10, 192?.
Ape Law's Author Tells Why He Made It
By CLARK K1NNA1RD
(Central Preaa Correspondent.)
! DAYTON, Tenn., July 10. John
Washington Butler, the author or
Tennessee's "anti-evolution" law, Jh
also something of a poet The line
given here are his. They reflect
If the Bible theory of creation
la set aside by investigation,
.And Evolution takes Its place,
There's no hope left for Adam's
' race,
i
So by the Bible we will abide,
And in its truths always confide:
Being content with the ''old, old
. . etory"
Of divine creation and eternal
.. . oory-
Father of Anti-Evolution Law.
exactly his views regarding the la
sue being contented hern.
This evolution law of which he la
the proud but humble father. Is
merely the expression of his belief
In the law that governs his dally
life, and It Is a result of his early
religious training and his later re
ligious life and work in the "primi
tive Baptist" church.
John Butler carried this religion
with him down to a seat In the
house of representatives la Nash
ville and wrote It Into a law.
"I believe the evolution theory Is
dangerous," he says simply. "I
believe that It threatens the Chris
tian life of our homes and bas a
tendency to lower the standards of
morality . . . That Is why 1 want
ex! a law passed to prevent such
Ideas being taught our children In
the schools.
"The attack on this bill Is only
all effort to den troy the law," he
says. it looks to me like the
spirit of Infidelity and disrespect
for the Bible Is behind the attack.
I cannot believe that It will suc
ceed." !
. All this may lead you to think j
John Butler Is a dour, austere, for-1
bidding man. 'He Isn't. To him aj
Christian life must be full of the
joy of living and serving, and he Is
known among his friends as a good
natured, companionable man. He
has always liked outdoor sports
Hi i (I played baseball when he was a
boy but not on Sunday.
What About Huber?
' He Is content with his lot In life,
which Is that of a farmer whose
years are alternately lean and fat,
according to the weather. He and
his three sons wrest meat and
bread from seventy-ifve acres of
Corn and tobacco land three miles
from Lafayette, which Is about 100
miles from here.
To a little frame house built by
his grandfather John Butler J
brought his bride, Magnolia Mc-1
Donald, 28 yearn ago, and In this j
house they still live with their i
three grown sons, Huber, Gold ho n j
, . i i r
' iff --
4
Hi
A. ,'-t
1-1
it v.
4 1 V
ft- w
r
- 1 ,
'trr'.."'-i . !
the prosocuion's staff of attor
neys walked within the her of the
court he was greeted cordially by
Clarence Iarrow and Dudloy Kit Id
M alone, leader in the defenftu
group of lawyers.
Prayer Opens Court
After the prayer by Air. Cart
wright, Judgu John T. KauUton
tapped fur "order la the court"
at y:H. Sheriff K. B. Harris
announced I hut court was duly
In sexston.
Activities of the court were
held up for a few minutes whir?
counsel for both sides poed with
the judge on the stund. A dozen
i photogruphs were inude. Clarence
I Iarrow was in his shirt sleeves.
The others were In couts. Judge
KclHiidflc evidence In tha case
would beilncompetent. The nues
tfon would probably be dectdai
only after argument In court. It
wuk Indicated. Attorney-deneral
A, T. Hlewart arid former Attor-ii.ty-General
J. (i. MeKenzle re
presented the stnte In the difcu
fion which was participated in by
all defence counsel.
GOOSEY ADMITS HE
WITHDREW HIS AID
COritT IIOOM, Dayton, Tnn..
July 10. John I flodsey, local
rnunsnl for the defense of John
Thomas Scopes, who Is faring trial
on charges of violating the Ten-
s.tee anti-evolution teaching sla-
Kuulston posed holding his gavei ; tut,; a(Imit(w ,ollBy that he had
So sure la John Washington Butler, farmer, that the Bible ii
the literal won! of God that he framed a bill for Tennessee, for
bidding any other version of man's origin to be taught in the schools.
The bill became a law, and he now is a silent witness to the battle
over it resulting from the trial of John T. Scows, first to violate
the net.
and Kermlt. I Ms father once had for himself.
John Butler doesn't believe In j And to be a doctor, Huber must
biology's teachings. Yet when study biology and accept It teach
Huber Butler enters the University) lngs.
of Tennessee to study medicine, it j What If John Butler had realized
will be the realisation of a dream i his amolllon?
SCOPES jury is
SELECTED TODAY
(Con tinned from tag 1.1
, Altorney Oeneral StowaVt stated
to the court that the state would
resist vigorously evidence attempt
ing to reconcile evolution and the
Bible, and the dnfense was just as
Insistent that such testimony was
competent.
The attorney-general suggested
that an adjournment be taken until
9 o'clock tomorrow when the dis
cussion of this case would be re
newed. Mr. Stewart suggested some of
the visiting attorneys In the def
ense camp had not ''become accli
mated". "We are -willing to give
tbem half a day," he said.
Judge Kaulston said he was re
luctant to lose an afternoon and
uggested that a recess be taken
with the possibility of proceeding
at onco to the selection of a Jury.
The court proceeded to adjourn
until 10:30 o'clock, the judge In
structing the sheriff to have 100
ien In court then to Insure the
Completion of the panel.
1 COURT TIOOM. Dayton. Tenn .
July 10. The case of John T.
Scopes, charged with violation of
the Tennessee law against the
teaching of evolution In the public
rhools was placed In the hands
Of a Ithea county grand jury for
(he second time here today. When
court convened for the trial of the
25-yar old school teacher, Attorney-General
A. T. Stewart asked
that the grand jury be summoned.
Judge Kaulston Informed the
grand Jurymeh that some question
had arisen as to the legality of the
Indictment against Scopes and the
case would be given grand Jury
consideration attain. The point at
Issue was the contention that 30
days has not elapsed after the call
for the special session of the grand
Jury and the meeting of the body.
Defense LaWyer Out
A last minute change In counsel
for the defense was Indicated by
the failure of John L. Oodsey, Day
ton attorney, to appear with the
other lawyers In court after his
absence from a conference of de
fense attorneys last night had been
regarded as significant.
The withdrawal of John I.
flodsey, local member of the de
fense counsel from the case, was
Indtruted as the array of defense
attorneys filfd Into the court
room and he was absent. Mr.
(todsey did not attend the con
ference of defense counsel ut
night.
While JudKO C.odsey told The
Associated Press ho hud no state
ment tj make at this time, h.
said, he would not uppvar lu court
with other defense counsel. He
said, however, that he did not
wish to harm I he defense rne.
He declined to discuss his re:ion
for the action, although It is
known that Mr. (indsey hns de-
Scopes' Prosecutors
sired from the beginning to have
the trial of the case confined to
the constitutional questions In
volved. During the first two hours of
today's court session one outburst
of cheering came from the hun
dred sof spectators crowded Into
the court room. It marked the ar
rival of William Jennings Bryan
to begin his work in connection
with the prosecution of Scopes.
Several achool boys, former stu
dejits of Scopes, were railed before
the grand Jury to testify. They
were followed by the presentation
aloft
The judge Instructed the she
riff lo seat all spectators and per
mit others to stand against the
walls.
"Mr. Attorney-General, I am
calling the case of the stafe of
Tennessee against John Thomas
Scopes," called Judge Kaulston.
The attorney-gcnerul asked that
the grand jury be drawn and .in
the meantlm'a counsel from out
side the state wero Introduced to
the court and welcomed in the
courts of Tennesse by Judge
Kaulston. The judge assured
th'Jin that they would be accord
ed all privileges by the resident
lawyers.
Grand Jury Called.
The calling, of the names of
grand Jurors proceeded with fre
quent suggestions of "let's have
order" from Judge Kaulston.
The Judge broke his eyeglasses
and Was forced to leave the
bench to get Mrs. Kaulston' as
sistance In repairing the damage.
The operation was successful.
When the grand Jury box was
filled, the judge asked If any were
so situated at home that they
wf'hflrawn from the ease.
The admission came when he
was questioned concerning his non
appearance In the court room at
the opening session and his failure
to attend a conference of defense
attorneys last night
The action was not unexpected,
however, since Godfcey had Indicat
ed several weeks ago that he was
not In favor of the publicity thn
case has received and believed It
should be tried on the constitu
tional questions Involved, Instead
of delving Into the scientific and
rdigious phases of the case.
Arundel, piano tuner. Phone 139-1.
CROWD SWARMS
COURT TO HEAR
TRIAL OPENED
iContlnned from Tae 1.)
! trolling the entry nf spectators,
jmlge Kaulston Indicated that
I regulations to check the overflow
would be perfected..
Dudley Field Malorie of defense
rnulrt not serve on the iurv. the counsel, followed by Scopes. Dar-
judge suggesting that not more
than two hours would be neces
sary. Attorney-General Stewart
amended this by a suggestion
that 45 minutes would he sum-
row. Hays, eaI and the defend
ant's father, entered at 8:50 and
too seats at the counsel table.
All the principals In the case
passed through a group of photo-
cient time. At this assucance raphers at the entrance to the
one reluctant grand juror with- ' ontirt house grounds. Judee Hal
draw his objection to serving, jstnn. with a Bible and a dictionary
Judre Kaulston then adminis
tered the formal oath. The Judxe
laid down the law against sitting
on standing In windows. The
windows he said were needed for
ventilation.
Reads From Bible.
tinder his arm, posed for them for
several minutes.
Scopes, entering thp grounds
with Darrow, Malone, Hays, Neal
and Rappleyea, was held for sev
eral minutes. When they finally
. j t , . . , A. ; icrowd disappointed cameramen
jury. Judge Kaulston awl that , h' , fl d
some question bad arisen as to . ' . ,.-..,.
the legality .of the previous meet-;1""8 upon tIm c,mrt il0UHe 8,e,,f''
ing of a special grad jury and he ' !forge W. Kappleyea took his
decided to reconvene the grand."' by nB defendant. Clarence
Jury and charge Its members I:irrow took off his coat. It was
again. The judge announced that hot.
he would use substantially the, William O. Thompson of Chicago
same charge he used at the pre- and New York joined defense at
vious meeting of the grand Jury, -torneys. He announced he was
He read the art of the general associated with Darrow In the
assembly prohibiting the teaching Vase. Applause burst forth as
of evolution, and then read thn ;iryan entered, pushing his way
first chapter of Genesis, as he did through the throng. He shook
at the meeting of the grand Jury: hands with Darrow and the cheer
My 25. ing redoubled. He greeted olhci
After he had read from the defense lawyers who stood with
Bible, the judge pointed out to ;i,im In front of tno judicial desk.
uie gmiui jury iiiui mm. The crowd rnfl h the. India's
gavel fell. All stood during the
opening prayer. Camermen focus
d their machines. Photographers
if It was
found that the law had been vio
lated. It was the duty of the Jury
to Indict the putlty person or
n n' . . .Im nf .l,.,J,,rf iVPn th,'lr '""'"S- Visiting,
did not entr Into the equation? co"nsel rnPl1 bphind !he J"'1
of picture makers. The crowd
considered
far as consideration by tli
body was concerned. He said lh.it
although a misdemeanor it mip'tl
be considered a "high" misdemea
nor. He dwelt as some lengt'i
evidence of Hunter's biology, (on the possibility of harm resnlt-
the text book used by the defend-j ing from the disregard of limitn
ant, and the testimony of Walter itions of the responsibility In the
White, superfntendend of the Rhea I school room.
county schools and prosecutor
the case.
of
COCRT ItOOM. Dayton, Tnn..
July 10. With a prayer by the
liev. W. M. Cartwright, pactor fn
the Dayton Methodist Kpiscopal
Church, I'outh, a special term of
Ithea county clrrWt court was
convened hero this morning at
r:lt o'clock for the trial of John
Thomas Sropes, charged with vio
lating the nntl-cvotuttou law of
Tennessee.
The opening of the court was
marked by what was expected to
lo the first of many demonstra
tions when the entranee of Wil
liam Jennings l.ryan provoked a
buift of handicapping from the
Mutators, packing the court
room. As the lending member of
The grand Jury retired to con
sider the case submitted by the
slate and a recess of on'e hour
was ordered.
ADDMISi KCIKVimr
KVIDKNCK IS IKI!.Ti:i.
COi'RT ROOM, Dayton. Twin..
July 10. During the first con
ference of the attarheys on both
slides of the Scopes case in court
here today, the nutation of ad
mission of scientific testimony ns
competent was missed, the '(in
ference of the attorneys on hot'i
puiry from Clnrance Darrow an
to the pout t Ion of the prosecution
on this q iie-Minn.
Attorneys for the state Inform
ed defense counsel that thev
would contest the Introduction of
extraneous evidence. Insisting 'hat
For the. Defense
' -i VM ft w P 1 ." .
itself at east, and dhv ; r ffl U&ZT'Z l
cussed the situation audibly.
Cameramen retired and the judge
hammered for order.
Spectators sat down, but the at
torneys received a second admoni
tion. The space round the judge
was crowded with court attaches.
A two-year old boy. sat on Kaul
ston 's desk and drew the jury pan
el. Police Squadron On Job.
Darrow left the court room, say
ing be was going to the hotel.
Bryan was coatless, but kept his
collar on. It got hotter and Judge
Kaulston cleared the windows of
spectators.
A squad of uniformed police
from Chattanooga entered the
court room and took positions
where they could best matntnin
order. Captain Marion Perkins
was In charge.
Mr. Bryan returning to the court
room was shown a caricature rep
resenting him as an ape. He laugh
ed heartily and exclaimed:
"That's a work of art."
Judge Kaulston was shown the
picture and called to Bryan: "Col
onel, th'y certainly have you."
Bryan Inquired If thp artist had
not similarly portrayed Darrow.
The cartoon was passed from hand
to hand around the counsel tables
and aroused general merriment.
Mr. Bryan said he did not regard
It as "a perfect likeness".
While attorneys for both sides
were discussing Informally in front
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of tho deck. Scopes sat quietly .
his place between his father and nvo1, Jfrctly fair he was accepted.
Kappleyea. Hk seemed unconcern-' Hryan this afternoon, con-' Jim Itilcy another farmer, puh
ed. Hrvan and Ma'one. npnoslnjr trary to his Dayton custom, wore d his way through th crowd to
counsel, put their heads together a coat. His son was seated at tn questioned. He said he had not
while the court discussed adjourn- j "common r's" side. Hryan gr -et- formed a definite opinion and
ment. 'MI ,np Kaulston family. Mrs. Wil-
Announcement that photograph
knew
liam Jennings Hryan came Into tn case.
nothing of the facts in the
Harrow asked him if he was
era wished to make a panoramic
't picture of the court scene "for ten
i million readers", did not check
I the stampede for the door when
j noon recess was taken.
During the noon interval hun
rtred of tho visitors took lunch at
the numerous concessions while
' many families spread picnic meals
; under the trees. Kvery where the
Issues of the trial were discussed.
Shifting groups, barbecue stands
and laughing young folks created
A holiday atmosphere. Hut finder
current of serious thought and con-.
I cern for the outcome nf th rase
I were felt among the older groups.
The Judicial bull was filled again
before the hour of reconvening.
Scopes read a newspaper w Wl bu
'court room and was seated behind a member of the church, (he reply
the railing with Judge Kaulston a
family.
; A baby began to squeal and caus
ed the exit of himself and his
! mother. Children under 12 years
of ase were not to be seen In the
auditorium.
I As soon as court convened
the afternoon session, names
the prospecelve Jurymen were ord
ered placed In a hat. The first
name drawn by the sheriff was V.
r Hobinson. Hp said he had form
ed an opinion to some extent of
the guilt or Innocence of the de
fendant, but under questioning
he raid he could disregard this
opinion and bring In a verdict
father. eoat!ei like the
defend from the evidence. He was ac-
stirred the humid air with a cepted by both sides and took the the reply.
being in the affiiniative, a Itap-
, tint. He was accepted after saying
that he hail n t read of evolution,
had not heard a'sermon on It and
had not heard Mr. Hryan peak on
the subject. k
j After J. TV Jiasscngale. a Bap
tist minister, was ca.led for qu'--to"
tionln. Mnllthv wan askfd If bis
t Inability to read was caused by
poor eyesight. His reply waa that
he was uneducated.
Mr. Massengnle, wh n he said
he was a minister with .four char
ges, was a:ked by Darrow If he,
had ev-r preached on evolution.'
He said he had. "On which side?"
asked the lawyer.
"I'm strictly with the Bible" was
Brother Massengale".
J. M. Harrison was called, but
claimed exemption on account of
his age. V. G. Taylor, farmer,
said he had formed or expressed
"to a certain extent," an opinion
about this case. He said he could
give a fair verdict on the evidence.
Im plying to a question from Mr.
Darrow, he said he was a Method
ist. He said he had heard evolu
tion discussed. He was accepted.
Tom Pack Mm ''expected ho had
formed an opinion', as to the case.
Pressed for the extent of his opin
ion It was not fixed. He gave his
occupation as farming and his
church membership as Baptist He
had heard about evolution, but
had never heard a speech on It.
Heat with gas.
't Mi-mlxr of tlic prosreution counsel in tlic 8ropr trial
sthown. Above! (I. to r.V Juris? J. G. MeKrn ir. Hsrrv
'jUwrence, SK. Ilk'lu. llrlow: (1. to r.) II. I'.
Ucaouurj Aryan. W, C Hutuiard.
Hick., WillUm
These are the UwversMtc fending Scopes. Above: Judijc John
R. Seal (left), chief counsel, and Clarence Darrow. Below: (1, to
b) Pfeftfi C;.pyQf1Jbaa Dudley Field Makoc.
; ant.
j fan.
Packed along the walls the spec-
tators frequently wre moved from
the windows hy deputies. The
auditorium was without artificial
; mans of ventilation and hundreds
;complnlned of oppressive heat.
(Two negroes, a man and a woman,
i were noted among the listening
throng.
first seat In the Jury box. He Is a
j school tacher and farmer.
I J. W Bagley, a farmer was the
'second called and said he had
heard rumors of the guilt or Inno
cence of the defendant, but could
disregard these rumors. He was
accent md hr th state. Clarence taught
Darrow questioned the prospective conflict
,Jurvman about his knowledge of
Two uniformed offices of police. m evolution. Badgley replied that he excused
nf th hart "no Ideas about evolution. ' want
This cjiuseq an outburst of ap
plause and drew a sharp reprimand
from the pudge and a threat to ex
clude every one.
1'der further question from the
court and Harrow the Baptist mir
Ister said h thought Sropt
theorv of evolution In
rith the divine story of
creation. Judge Haul-ton finally
him with the statement to Jhe stricken area.
every juror to sian wun
TWO THOUSAND ARE
HOMELESS IN TYPHOON
a
a t -rwitf-i Wirr.) $
MANILA. July 10. More
than 2.oo( persons were made
homeless by a typhoon which
4 wrecked hundreds of small 4
4 houses in Camarines prov-
4 ince. On the strength of re- 4
pins received here lb Red
4 Cross todav sent assistance
r m.tlr w.ssiiinn. nn cither ml,i nf tha h -..4
Judge's stand M Kauietoo, swung After saying that hecould be peraa open mind, so I wll excuse you, w