• ASSOCIATED • • PRESS • • DISPATCHES • •••••«*«• VOLUME XXV Scientists Cannot Be Heard at Scopes Trial —i— Judge Raulston Rules With State That Expert Testi mony Has Nothing to Do With Merits of Case. MONDAYMAY BRING END OF THE CASE Recess Until That Day So Defense Can Prepare Ex ceptions It Wishes to Get, Into the Case Records. (By ilie Anaoelated #*raaa) Dayton, Term., July 17. —Jimlru John] T. Uan'.ntoii announced thin morning that; ho hud deeidod to exclude scientific tooti-1 many from the trial of John T. Scopes, charged with violating the Tennessee nn ti-evolution law. The decision is regarded as having a vital bearing on the length of the tr al. Yesterday was devoted entirely to ar gmnents on the question of the compe tency of expert testimony. The defense at once noted exception and the Judge ordered it placed oil rec ord. In presenting the defense’s except ion A. O. Hays declared : 'lt is n denial of justice to permit the State to make its case on its evidence." “It is contrary to every principle of Anglo-Saxon judicial proceedure." Mr. Hays sa : d. The defense then announced that it de sired to place its proposed testimony into court for the purpose of placing it before the higher court. 11l reply to a question from Judge Kaulstou. Hays said the defense had ab lit six branches of science represented by witnesses. "I think you are entitled to have in the record a sufficient amount of proof to show the appellate court what you contend." said the court. The defense contended, however, that it had a right to argue to the court that this law i« unreasonable and put on evi dence to “inform the court” in the ab sence of the jury. If evidence be per mitted Mr. Hays suggested that the court would be benefitted as a result. Will Speed l'p Cane Next Week. Dayton, July 17.—After Judge Kaul ston today had excluded scientific testi mony in the Scopes evolution case court adjourned until Monday morning at 9 o'clock. the intervening time will be spent by counsel for the defense in pre paring a statement for the record of what the gritnesses would have test 'fled had they been permitted to take the stand. Judge Haulstonfs decision to exclude experts from tile witness stand developed sharp clashes between A. G. Huys, of the defense and Judge liaulston and t’lareuce Harrow, also of the defense. Although court was in session only 30 minutes] the judge giving his decision at 11:51, it was stormy. After the defense attorneys raised their voices in vehement protest to the court’s ruling another argument developed on the question of the week-end recess. The defense insisted on this step and while the State protested the court ruled for a halt in proceedings. Judge Hauiston indicated, however, that on his return to the bench Monday he would insist on the case moving more rap idly. This is taken to mean that the case might end Monday. Bryan Pleased With Derision. j Dayton, July 17.—W. .1. Bryan has | no doubt of the constitutionality of the Tennessee evolution law. he utinned to day. after Judge Hauiston excluded ex pert test'mony from the jury in the Scopes trial. The fundamentalist leader associated with counsel for the prosecution of the Dayton school teacher insisted that he be lieved no court would deny the people of Tennessee “the right to protect their religion from what they regarded as an assault on it by a minority trying to force their views on the children.” "The court has held the law constitu tional in this ease and the decision is backed by authority that in my judgment is indisputable and unanswerable,'’ Mr. Bryan said. J. P. Morgan & Co. Float Australian Lana (By the Associated Press) New York, July 17.—Floatation of a $75,000,000 loan for the commonwealth of Australia announced today by J. P. Morgan & Co. Public offering of 30 years 5 per cent, gokl bonds will be made in the New York market next Monday at a pi ice of 01) 1-2. Simultaneous offer of similar bonds will be made in 1-ondou. Plan. Evacuation of Kuhr. (By the Pre»») Brussels, July 17.—The Belgian gov ernment has agreed with the French and British for the early evacuation of Hus seldcrf, Duisbcrg and Ruhrort simultau eitisly with the evacuation of other places in the Huhr. - gjjjjumiriin»w^ : Concord Theatre ] (Tim COOL SPOT) TODAY’ ONLY’ 4 PATSY* BITTI MILLER and DUSTIN FARNUM In “MY MAN” A Big Vitf graph Special Also Paths and Comedy TOMORROW Battling Brewster No. S nod ; “3 Days to Live” The Concord Daily Tribune ■ * **************** * * AGAIN, PLEASE NOTE. * # m Our good friends are again notified * that all notices of entertainments, lectures, plays, box suppers, et ee- US tera ad infinitum, to which any ad- )K mission fee is charged or at which )K anything is sold, when appearing in The Tribune, are charged for at the rate of 5 cents per line, anil that SK no exceptions can be made. ' I* * j♦* ** * ****.* *•* * ♦ j CHARLOTTE MEN HOLD BACK RAILROAD PLEDGE ; Hear Mcriigon Attack McLean Regard ing Deficit and Ask Electric Line Sup port. Charlotte, July 10. —After hearing for mer Governor Morrison direct a vigorous attack on Governor McLean, bis succes sor in office, in a continuation of the long controversy over the state deficit, the • Kiwants Club 'here today deferred giving indorsement to the movement, advocated, by Morrison, intended to influence J. B. Duke to extend the Piedmont and North ern electric railway line from Charlotte to Winston-Salem. While denying that he was a spokes man for Mr. Duke, Mr. Morr'son as serted that he knows Mr. Duke’s mind and could almost assure North Carolina that this railway extension will be con structed if the towns which will derive benefit will pledge reasonable support. Classifying Governor McLean by in ference as one of the "Kickers and Sneer ers" who are refusing to pull with west ern and central North Carolina in pro gressive movement, former Governor Mor rison said, in defense of tua administra tion : "There was no money wasted, and there is no deficit to speak of. The only thing causing all this howling from many kickers and sneerers around Kaleigh is the fact that my administration did not levy enough taxes to pay for McLean's administration of government to the first of July, this year.” In a prepared statement, Mr. Morri son branded Mr. McLean's assertion that there exists a state deficit of, about $9,- 1 500,000 as being "grossly unjust.” He said that, consequently. “I must ask the fair minded people of the stale to hear and consider my contentions about it.” These ’he promised to prepare and sub mit to the newspapers for publication in the issues of next Sunday morning. ARRESTED AND RELEASED Man Who Was Held in Charlotte Found Not to Be Phillip Knox Knapp. (By the Associated Press) Charlotte. July 17.—Dressed in an army uniform a man who gave his name as Charles E. Washburn, of Chicopee, Mass., was arrested here today by po lice as 1 a .result of. the search for Phillip Knox Knapp, alleged slayer of a New York taxicab driver, was released when it was determined that he did not raatrf) the description of the fugitive. Washburn said he was discharged from fifth infantry at Camp Bivens, Massachu setts. early this mouth and came south. After spending several days at Belmont he came to Charlotte to fiud employment. He was taken into custody while walking the street. He was said to have served two and one-half years oversea as a mem ber of the 27rti New Y’ork division in the j World War. {JACK DEMPSEY MAKES PEACE WITH COMMISSIONERS Agreed He WIU Have Two or Three Bouts Before Meeting Wills. (By the Associated Press) New Y’ork, July 17..—Jack Dempsey, heavyweight champion, today visited New Y’ork State athletic commission and said after a conference that he had made his peace and that the commissioners agreed to two or three bouts before lie meets the negro. Harry Wills. The title holder said that he had signed an agreement with Promoter Rickard to box Wills, and that the way was now open to contract for the boijt. Commis sioner Muldoon agreed, Dempsey said, that he be permitted two tvarmingup con tests. I GOVERNMENT will take HAND IN WAGE NEGOTIATIONS i 1 Should an Agreement Not Be Reached and . Strike Called September Ist. (lSy the Associated Press 1 1 Swampscott, Mass., July 17.—The gov j eminent will take a hand in the autlna ’ cite wage negotiations should an agree ment not be reached and strike be called September Ist. Tbe program which the government vtouid pursue in the event of a strike - was discussed at a three-hour conference 1 between President Coolidge and Secretary - DaVis today. The scientific plan of the - government was not disclosed. Secre s tary Davis ventured no opinion as to the outcome of negotiations under way now. He pointed out, however, that the de ■ partment of labor through two mediators 1 is keeping in touch with the discussion i of operations, and miners are hoping for i an agreement to be reached before the wage contracts expire August 31st. I Refused to Admit MeCUntock Will to Probate. (By the Associated Press) jj Chicago, July 17. —Basing his decision on presumption of undue influence Pro ; bate Judge Horner today refused to ad jj mit the will of William Nelson McCliu i tock to probate. 5 The last survivor of the original “eor s ered wagon train” that left Shelbyville, ■ Missouri, in 1847,. recently passed away I in Spokane, Washington. 5 Men’s clothes may be more sensible, J but women are not crasy enough to wear