The Brooklyn Daily Eagle from Brooklyn, New York • Page 2

BROOKLYN DAILY EAGLE. NEW YORK. FRIDAY, JULY 17. 1025. the 1 I 2 put Its proof into the record in the form of affidavits, it hiis that priv- of so doing.

An almost heated exchnnRe lie- EVOLUTION SERIES No. 8 Time and Life MS NOT SIGNED GOLFERS SCORING LOW IN MET. OPEN TO FIGHT WILLS I EVOLUTION. OP LIFE MILLIONS OP "YEARS CENiOZOlC ME.Jd02.OIG TO 20 PALAEOZOIC 50 PROTOZOlC TYPE MAN DINOSAUR, WORM SIMPLE CELL Bryan A ids Evolution OOM THE Simple Cell to MAN. MAN Ar- REPTILES Animals WITH A BACK-BONE ANIMALS Without a back-8 One OrJE CELLED ANAMAUS Scientists Think Speech AO 50 GO The tree of life is sAid t6 be about sixty million years old.

As it grew, many of its dead fell in quiet places, there to be en tombed in sand and mud. Science has found these fossil remains and arranged them in chronological order. This order is shown in the drawing. Evolution believes this is the true story of life. Experts Amazed at Speaker's Ignorance of Scientific Methods Scopes Gasfe More Conflict of Ideas Than Clash of Religion and Science.

Darwin Turned to Geology In Supporting Evolution DEHI SMS But, Speaking to the State Boxing Commission, He's Willing, "I have not signed a contract for a fight with Harry Wills since I returned from Europe this' Week." Such was the statement of Jack Dempsey when he appeared before the New York Btate Athletic Commission this morning. Jack did admit, however, that he had talked with Tex Rickard relative to a match with th negro challenger and had agreed to sign the papers Just as soon as he could after straightening out his differences with the boxing commission. Dempsey told the Commissioners that he was willing to comply with their wishes and meet Wills lit a titular match. He did request, how ever, that he be allowed to meet some other fighter before he fought Wills. "It would be fo6lish," said Dempsey, "for me to engage In a bout with a man of Wills' ability without a warming-un gallop.

Remember, I have been out ef the ring for a long time and I need a bout with some tough customer in order to find out Just where I stand In nty ring Work." No exception was taken by the Commission to the negotiations that had taken place between Dempsey and Rickard. AS a matter of fact, Jack is to have another meeting with the Commission next Tuesday morning and will at that time report Just what progress he hds made in regard to negotiations for the match. His request for a preliminary bout will In all probability be granted and It Is more than probable that he wll1 box Gene Tunney some time during the present out-door season. Dempsey' reception by the Commissioners as a cordial one and his expressed desire to accede to their demarids Seemed to please the powers that be. Reams' status In the matter remains-Just as it.

has for the past several months. Dempsey can conduct hi own If Kearns tails to mark time he will find h.mself as far outside the pale as When Walker fought Greb. When the champion had ended his interview with the Commission' ers he was shown a dispatch frbtn California in Which his manager, Jack Kearns, Is reported to have launched an attack on hint and predicted that the Dembsey-Wills match would never come off. Dempsey' only comment was: "That's too bad. It look a If the boy is losing his head." Dempsey refused to commit him self as to whether or not he' would continue -under Kearns' manage ment.

John Leon, matchmaker of th Coney Island Stadium, lodged a Complaint against Tex O'Rourke and Jack Burke, the Pittsburg llght-heavyweight. Leoh claimed O'HoUrke had signed a contraot for Burke to fight at the Coney Island Stadium next Tuesday night and that he had run out on the match. uourke is understood to have sgreed that the match shall be held oh the night of July 28. Both O'Rourke and Burke were suspended the Commission pending the outcome ot tnis matcn, If it is held as scheduled the Commissioners indicated tbe suspension of O'Rourke and Burk. would lifted.

Bill Henry, Who was scheduled to box at the RockaWay Club tonight, apepared and staed he Wa not in proper condition td go through with the match and asked for an etxen-slon. He was given 20 days to get in shape. Ruby Stoln will substitute for Henry tonight. YANKEE ATHLETE WINS IN ENGLAND London, July 17 W) H. II.

gchwarie ot the Illinois Athletic Club, won the weight putting event in th annual British Amateur Athletic Association championships today with a put ot 47 feet 2 inches, Harold Osborne of Illinois was second In th hop, step and Jump. His distance wss 46 reet iui inches. Connor of Belfast, Ireland, was third, 45 feet 4 inches. Eaglets Enjoying Home Passage on Leviathan (Special Wireieu from, the Leviathan.) At Sea, July 17 Th Kagiet. home- wsrd bound, are having a delightful crossing.

They are spending the hours in swimming, goinng ana in attending th movies a well as In answering auestlonalres. All are well. Iflatlands wins fight FOR STREET LIGHTS John V. eoney, president of the Endocardium Community Association of Flatlands, announced that the fight which th organisation his been waging for the past two years tor atreet light had resulted In victory with the Installation ot ciectrlc lights on K. 64th, 65th, 66th, 62d and 53d sts.

at Avenue l). The long delay wa du to tho fact that the treet were privately owned. A a result It was necessary for tho city to acqulr title. CONTRACTOR DIES Christopher McCormlck, contrac tor, died yesterday at his home, 810 Lincoln in hi 69th year. He was born In Brooklyn and waj In business In Flatbuah for many yours.

Hv survived ny his wire, Airs, Crowley McCormlck; three daughters, Mrs. Nora Decker, Mrs. Lillian Clancy and Mrs. Agnes annon: two sons, Thomas rJ. ana John 1).

Mo- Cormlck, and 10 grandchildren. Funeral services will be held on Monday morning at 9:30 o'clock with requiem mass at St. Francis of Asslsl C. Church and Interment In Bt. John's Cemetery.

WAGNER TICKET IS SURE TO G. 0. P. CHIEF Boro Democratic Leaders Confident McCooey Will Oust Hylan in Parley. The tentative Smith-Olvafty city ticket, headed by Supreme Court Justice Robert F.

Wagner or Surrogate James A. Foley, met With widespread approval of Brooklyn Democratic, leaders today, most of whom insisted that John Hi McCooey would not be for Hylart when he goes Into the flve-boro conference of leaders next week. "If Wagner is to head the ticket and William E. Kefir or John N. Harman end Nathan Straus ere to be on It.

how we trolrtg to win?" asked one of the tl. o. big four today. "We have some hope of Vic tory if Hylan runs as an Independent tvith Hearst's support, but I don't see how Hearst Would dare at tack either Wagner, Harmed or Straus In view ot the admirers these men have among the readers of the Hearst paper. Slate "Cnnr-fully TIioiHrh.

Out." "The Bmlth-Olvahy tentative lat. has been very carefully thought oui." The above is a Republican reaction, frankly spoken by one of the most powerful O. O. P. leaders" today.

This man added that Ih his opinion the plan to elect an entire new Board of Estimate Was bIbo a good one from the Democratic standpoint, because Judge McAvoy'a teport, Which Is the basis tof tho chief arguments against Hylan, condemns every mernber of Ihe Board of Estimate alike. In the Bmlth-Olvahy cafnn loday the following point Was made ta Illustrate the need for a Whole new city ticket: "Justice McAvoylt report, which met with the approval of leading Republicans as well as) DemoHrhts. and which is the basis for bur ar guments against Mayor Hylan. blames hot alone the Mayor for failure to build subways, but the entire Board of Kstlmate. "How can we argue for the defeat of one member of the Board of Estimate on the basis of the McAvoy re port and favor re-election for the rest.

It would be palpably Inconsistent. "Boro President Oulder of Brooklyn, Who opposed the Mayor's subway programi is the only member or the present board whom we can consistently support. Hb was not a member of the board whett It Was condemned by Judge McAVoy." Leaders Sure of McCooey' Defection. Among Democratic leaders who tire known opponents of Hylan and there are many in Kings who for obvious reasons cannot sear so publicly at this time the opinion was confidentially expressed today that McCooey would not support Hylan in the flve-boro conference. These men Intimated that It was McCooey' Job to keep Hylan trom running Ihde- penaenuy rjy appearing to be his ardent Supporter until the very last gunfire.

Then, the antl-Hylan leaders declare, after McCooey has been overruled, he can gb to the. Mayor I was for you as long as 1 couin no. 1 am outnumbered. You doh't want me to be an Insurgent, Come, now. I wag for you; you be tor me." This was on Democratlo leader's reaction to the Wagner ticket: "Bob Wagner? That' th mshl A neweboy-onee, I knew him when he went to school." Another Democratic leader said he preferred Surrogate Foley, but would be well satisfied with Wagner If the cards should fall that way.

McCLINTOGK WILL DENIED PROBATE; SHEPHERD ACCUSED Chicago, July 17 CP) Baaing hi decision on "a presumption of undue Influence," Probate Judge Horner today refused to admit the will of William Nelson McClIntock to pro-bat. Joining force with cousins who are seeking to prevent admission to probata of th will, Miss Isabell Pope, fiance of the millionaire youth, charged through her attor ney today that the document was the rerult of "a criminal conspiracy between William Darling Shepherd, Mrs. Shepherd and others." shepherd, principal beneficiary under the will of hi foster son, offered the testament for probate several days ago. Miss Pope, whose marriage to Mc ClIntock was prevented by the boy' sudden death lost winter, was re cipient of an annuity under the will. Heretofore eh has he id herself apart from the effort to block probate proceedings.

The statement of her attorney today was over the vigorous objection of Weymouth Klrkland, attorney for Shepherd. COURT TO REVIEW STATION ORDER A writ of certiorari directing the review of th Brute Transit Commls slon's order to the Long Island Rail road that a station be built at Wavi crest. Queens, by the Supreme Court, has been signed by Supreme Court Justice Ingraham In Manhattan, O'l motion of attorney for th Long Island. HELD IN $2,500 BAIL ON BURGLARY CHARGE Fatrolman Christopher Hodge, et the 6th ave. station, saw two men hurrying through 8th av.

carrying bundles and followed them. The two threw their bundle Into an areaway and ran. Itecnverlng the bundles, the po llcnimtn found them to contain a number of boxes of cigars. In the prospect ave. subway station Hodge rreied Thomas MoCullough, S2.

304 10th who ho said wua one of the men carrying the bundles. Hodge told Magistral Goldstein In Fifth Avenue today that Ih cigars Hud been stolen from a re' taurant owned by Cornelius Sween ey. 44 4th which had been broken Into last night. Mci'ullough was held In J2.60O ball for hearing Thursday on a nurse of burglary, Polic believe th othar man escaped by hiding In th tubway tunnel. i veloped between Mr.

Uarro and Raulaton. Judge. ItniiMort's Opinion. judge Raulston, in his opinion excluding scientific testimony, said: "This case now is before the court upon a motion by the Attorney General to exclude from the consideration of the jury certain expert testimony offered by the defendant, the import of such testimony being an effort to explainMhe orlu-in of man und life. The State insists that such HVklence is wholly lrrclevwl, incompetent and Unimportant to the Issues pending, and that it should be excluded.

"Upon the other hand the defense insists that this evidence is hiuhly oompetent and relevant to the iBsnrs involved and should be admitted." He read the first section of the statute involved in the case and added: jtw Violation Provrn. I "The State says that it Is both proven and admitted that this defendant did teach, in lthea County, within the limits of the statute, that men descended from a rower order of animals; and that with these ffcets ascertained and proven, it has met the requirements of the statute and has absolutely established the defendant's guilt; and with his guilt thus admitted and established, his Ultimate conviction is unavoidable and inevitable and that no amount of expert testimony can aid and en-tighten the Court and Jury upon the real issues, or affect the final results. "In other words, the State Insists that by a fair and reasonable construction of the statute the real offense provided against in the act'ls to teach that man descended from a lower order of animals and that when this is accomplished by a fair interpretation and by legal interpretation, the whole offense is proven. "That is, the State says that the Utter clause interprets and explains what the Legislature meant and Intended by the use of the clause 'any theory that denies the story of divine creation as taught in the Bible." "But the defendant Is not content to agree with the State in its theory, but takes issue and says that before there can be any conviction the State must prove two things: "First, that the defendant taught evolution in the sense used In the "Second, that this teaching was contrary to the Male. Hatlier Vague In Spots.

"That these ere questions of fact, that the proof must evolution is, so that the Jury may determine whether evolution as taupht by the defendant conflicts with the Bible; that it -is not merely -what the defendant said or what the book taught; and that they cannot do this without evidence. That Is that the defendant must have taught the descent of man trom a lower origin of animals and a theory contrary to that of divine creation as taught by the Hible. That the teaching of either would not bi crime. "Now, upon these Issues as brought up It becomes the duty of the Court to determine the question of the admissibility of this expert testimony offered by the defendant "It is not within the province 6f the Court under these Issues to decide and determine which is true, the study of Divine creation as taught In the Bible or the story of the crea tion of man as taught by evolution. Two Intorpretatioiw.

"If the State Is correct In Us ln-Hstence, it Is Immaterial, so far as the results of this case art concerned. as to which theory is true; because it is within the province of the legist lntive branch and not the Judicial branc of the Government, to pass upon the policy of a statute; an 1 the pojlcy of this statute having been passed upon by that department of the Government, this Court Is not. further concerned as to its policy, but is interested only in its proper Interpretation, and if valid. It's enforcement. "Let us now Inquire what is the true interpretation of this statute.

Hid the Legislature mean that be-Inre an accused cuujd be convicted we Statu must prove two things: "First That the accused taught a Uieory denying the story of divine creation as taught in the liible. "Second That man descended from lower order of animals. "If the first must he specifically proven, then we mirst have proof as to what the story of divine creation is, and that a theory was taught denying that story, but tf the second clause is explanatory of the first and speaks Into the act the Intention of the Legislature and the meaning of Die first clause, It would be other-wise. Motion Is Denied. "To Illustrate, when the Legislature had provided that It shall be unlawful to teach a theory that denies the Divine story as taught In the Hible; and then by the second clauue merely clarified their Intention, an3 that the real Intention provided by the statute taken as a whole was to make It unlawful to teach that man descended from a lower order animals, then there would bo no such ambiguity and uncertainty cm to tho meaning of the statute an! as to the offense provided against, a to Justify the court In calling in expert testimony to explain.

"The court will seek the aid or opinion of expert evidence only when the Issues Involve fncts of such complex nature that a man of ordinary standing is not competent an 1 qualified to form an opinion. Attorney General Stewart, in closing for the State yesterday, declared that If the issue Were between sclenco and religion, he wished to announre that he was emphatically on the side of religion. He deplored thnt Clarence Darrow, whom he referred to as "the greatest rrlmlnal lawyer In the coun try," had "Joined, himself with the forces which were striking their poisoned fangs at the very bosom of cnristtatilty. Harrow Is Silent. Dudley Field Malone, who finished the defense's argument, pleaded with the court to permit the submission of expert testimony so that court and Jury might receive light on a subject little known to the unscientific, mind.

Clarence Harrow, hailed by Mr. Malone as the "father" of the group of defense attorneys, did not address the court on the evidence issue. His side was presented also by Arthur Garfield Hays of New York. The prosecution's contention was presented first by William Jennings Hryan who was followed by Herbert Hicks. Ben T.

McKentle. William Jennings Bryan and Attor ney General Stewart. Jumps to Subway Tracks And Drags Man to Safety But for the heroism of John Hall of 84 Washington Manhattan flamuel West neck. 32 years old, of 204 3d Manhattan, would have been crushed to death beneath the wheels of a subway train at the Bed ford ave. stntlon of the Eastern Dis trict line early this morning.

West neck was seized with an attack of vertigo and fell -from the stntlon platform to tliejiaeks while a train vas npproschiiff At the risk of his own life Hull Jumped to the trunks and dragged VNestneck to safety be neath the platform edge. The nio tornian was unable to hult his train and It barely brushed th two men AT Kerrigan Gets Two "Deuces' and Armour Four 3s in a Row By GEORGE -fREVOR, (Staff Correspondent bf The Eagle.) Grassy Sprain Country. Club, Bronxville, N. July 17 Tom Kerrigan of Siwanoy shared the lead with Tom Armour ot Florida among the early starters In the Metropolitan Open Champiooshlp here this morning, each scoring a Genial Tommy, of the rubicund face, began wretchedly with a 40 to the turn but rallied gloriously, eom- Ing home to score a 75. Tom Armour, the former Scotch Amateur, also began disastrously, consuming 41 strokes On his oUtward lourney, Armour strurk his true stride on the homeward nine, four three In succession helping his card sonslderably.

Arrnour's run of threes began at the 245-yard 12th, Where his drive fell short of the green and ho pitched up dead. The 13th hole measures 400 yards. Armour. covered the distance With a drive and a mashle niblick pitch, sinking an eight-foot phtt for his bird 3. At the 14th, an entertaining one-shot-ter of 175 yards.

Armour overhit the green but chipped back dead and cot his par 8 notwithstanding. Tho 15th, a simple drive and pitch of 820 yards, was pie for Tommy. His pitch left him a 10-foot putt which he brought off neatly. A 6 at the home hoi spoiled an otherwise perfect Inward Journey. The cards: Rerflgsn, .4 I i I I I II 4 4n Kerrigan, I 2 i 11 I I 6 3875 Armour, out.

...4 6 TV 4 3 7 5 i ii Armour, In 9 4 3 3 3 I 4 3 6 34 76 Turness Plays With Injured Nose. A brace ot deuces helped Kerrigan reduce his card. At the 140-yard 3d he pitched six feet from the pin, While at the 245-yard 12th a prodigious ohe-shotter he struck his brassie 9 feet from the flag and ran down the putt. Joe Turne3a with a useful 19 was close behind the paoe-setters. The little Italian lad struck the bridge of his hose against an overhanging plank which extended from the caddv shack near the third tee and was painfully Injured.

Despite a severs nose bleed that cost him ft 6 at the 4th hole, he played excellent golf. At the 116-yard 17th, he dropped a 20-footer for a 2. "Whiffy" Cox the pride of DyMer Heights kept the Boro of Brooklyn to the fore with a 76. Poor putting cost CoX at least three strokes. Their cards: turness, 4 14 4 4 4 6 1 40 Turnesn.

In. 6 SO 7 Cm, 3 14313 53 Cox, in 6 3 4 3 6 4 1 6 38 7 Tommy Harmon Cards 70. Tommy Harmon of Hudson River swept Into the lead with a scintillating 70. The svelte, rsven haired home bred Was in unbeatable form, carding no less than nine "J's." His card: Out 1116 840 In 4 I I I I I I 4 3070 Harmon playqd on the outward journey, taking 40 strokes to reach the turn. Coming In he (et Grassy Sprain on fire with an uncanny 80.

There Were six J's on Harmon's card Coming home. Tor-, was putting like a fool. He couldn't miss anything of reasonable lenctt Gene Barasen 'of Fresh Meadow tied Archie Sanderson with a fine 78. Gene's card: nut 4 4 I I 4 4 in 144184 41 6 31 JS Jack Mackle young son of th Inwood professional, surprised his daddy and the critics by shooting a 7. A bad start did not disconcert th Inwood youngster, who got a bird 4 on the long 7th, thank to a couple of great wood shots.

Oeorge Heron, red-headed profef- sional from Hloke England now employed at Meadow Brook, tied Armour and Kerrigan for tho lend with a 76. His card: Out .45874354 540 In ...4 4443468 48575 George CcLean, who had a 66 In practice, took 81 today. It' surprising what a difference the old card and pencil can make. George was not a devil on his own home course today. The Scores, Nam and Club.

Out. in. Tl. Jar Forrester, Hollywood Sft Jnhn (J. AncWaon.

Wlnxed Font. 40 8 77 38 7S SS t.i 8 77 42 8 85. .83 3D 7 87 7 8730 43 4 3077 4870 77 8781 8S 7il S3 S7 84 75 SK Si 87 82 80 70 8983 83 a 1 811 88 4530 4 831 3877 4381 43 118 43 3d 3 88 3883 85 75 8 83 3573 88 34 4380 3 73 8780 4185 4185 4783 37 70 8784 38 3 41 8 4183 Tom Kvrrlgsn, Hiwanoy 40 A. A. Armour, Rsraflotn 3 Klwrd Mcltlnley.

unstitched. 41 lor0 Marcher. Greenmeadow 4S Joa Turnaaa, Falrvlaw 40 Pat Doyle, Klmsfor.l 43 Torn Mills 43 Stephen Holloway. 8c. Andrews.

41 m. J. Hartman, (Icdney Karma.41 Tom tl w. ij. Folhcrtnxhnm.

Hound Hill 41 Jamea B. Law, l-harrv 44 It H. Marina 38 Luran Utann, Kl Vnrn. T. D.

Armour, Sarawta 41 Joa gylvnatar, St. Albana 43 A R. MnrdonnM, Inwood 43 John Jack, New York ...45 J. B. Mackle lnvooci 4n Wlllnm Klein.

G.iMen 4.1 (leorsa McLean, Ornrep 43 Jicmpa R. Thompaon, Apawamta. 45 waiter Orrjo. Hill reat 45 i. W.

Dleaco. HI Vernon 43 Joaeph UorRe. Htaton lalanit I I'aupl B. Taylor, Prlnceaa Anna. 47 charlea Mothere'ile, Maidetono.

40 Krcd Canauaa, Waat Volnt .44 R. Thompann. Olrn n.rim.a, roreat rirK Krla Rdward. Powellton .44 ..40 Stephen Berrien, U. Monlclalr ..44 ..40 nenrgo Heron, Meadowbrook Frank 'Hunt, Mnaholu f).

rarneaaa. Quaker Rlriga, Fred F. Moore, Oourite N. Wole. R.

O'Neal, Naw York Tnm Brla, Oreenwtch Walter Chlnery, Plalnlleld. Dan Wllllama. Hhackemaxnn .83 Tony Pnatlghona. Icwrenoe Fred wnoley. uonnle Brarl 44 W.

Pnren, Marina and 44 H. lunn, unatlaehed 43 I. M. Rich, unattached 4t 3 84 Jamea Dnnta, Roekaway 43 3fl 31 Tommy Harmon. Itudeon 40 30 70 Ciena 8araxen, Freeh 33 33 73 Willie Mattarlane.

Oak HI. 4 3 3330 I EMPIRE CITY RESULTS FIRST RACK. Darby, 111 (Collins), 4-1, 8-5. 4-1. White Shepherdess, 115 (Sande), 5-1, 3-1, 1-1.

Kspanul, 115 (McAulllfe), 11-1. 4-5. 2-5. Tim. 1:06 1-6.

Clnudlus. Plain Dealer, Columbia II, Murel 8, Kir Arm, Eddie Cantor, Beldeld ind Caracnstn, also ran. CaracostSj finished third, disqualified for foul. CONEY ISLAND SCRATCHES Third race Why, Lancer, Stonewall Jackson. Fourth race Lord Baltimore 2d, Bewitching.

Seventh rac Mlnto Id, Offspring. EMPIRE CITY SCRATCHES First P.unehb, Vie, Pincushion, Donarltn, Prattle. Kndlcott. Second Otal, Whitewash. Wa Lady, Thco Bed, Gala Night, The Pullet.

Third Herenadcr, Neduna, Forward Pas. HHnd Piny. Polly Mc-Wlgglea, Nelll Trey, Brlce. Zuker, Dante, Lounger, fourth Opperman, Golden Fplr Masquerado, Gold Trsa Sixth Turf Light, Ethereal, Patrlcrf b'c bine. GRASSY SPRAIN ANTI-EVOLUTION LAW UNWISE, VIEW OF REV.

DR. HU6ET Tompkins Avenue Pastor Says It Halts Mental Progress. Science Friend of Religion. If enforced, the Tennessee law against the teaching ot evolution WOiTld keep the youth of that State the mental attitude of the Middle Ages, said the Rev. Dr.

James PercU val Huget, pastor of the Tompkins Avenue Congregational Church today. Asked to comment on the de velopments of the Scopes trial, Dr. Huget wired from Shelter Island Heights ail follows: "There three very distinct as Sects of he matter: First, ih law Iself second, the trial, and third, the conduct and publicity of the trial. "Law Foolish and Unwise." "The law I consider foolish and unwise, It Is always a mistake to limit fre inquiry or discussion. Moreover evolutloh In Its larger aspects Is widely accepted by scientists and religious leaders.

True science is not an enemy but ft friend of religion. The Tennessee law, if enforced, mean keeping the youth of that State in the mental attitude of the Middle Ages. Moreover, the law would not accomplish tho thing It Is supposed to do, namely, preserve and upbuild religion. True faith Is not established that way. "rtecond, since the law Is on the statute hooks of the State the trial is desirable.

The courts should decide whether It 1 constitutional, and If It Is the people of the State should determine whether they wish to keep art unwise Irnd httPtMl lavf. "'TVo law should be; ignored' 1f ft Is '1 at all. It should have all the rorce of law. Accordingly I am glad the trial Is being held, and If Scopes Is convicted I hope the case Is carried to the Supreme Court. Trial Not a Joke.

"The trial ought not to be Made farce In Dayton or considered a Joke elsewhere. It should be carried through on a high level of legal propriety. I personally regret the presence of such men as Darrdw and Bryan. They certainly cannot fco considered adequate representatives of either science or religion. Uar- ow'n one qualification Is that he is a good lawyer.

I cannot think of any qualification possessed by the other. "Publicity, If kept free from cheap humor, will do good. In the minds of many, evolution is on trial. Before any man Judges he should kov sometning, ne it men ai iinyion may decide that Scopes Is guilty under the Tennessee law, but It will require a more Intelligent Jury to interpret aright the law of nature." Ousted Indiana Teacher Blames EvolutlottBan; State Refuses to Act Indianapolis. July 17 A) Whether evolution can taught In the public school ot Indiana, which are under th Jurisdiction of township trustee, wo raised by Ralph H.

ueen, former principal of the Oriole High School, perry County, who has token his discharge up with the State Superintendent ot Public Instruction today. Deen submit that merely taught evolution as It Is contained In a textbook adopted by the State Hoard In 192S. Deen says that A V. Dongs, trustee of Oriole Town ship, took exception to th teachlnir. Dr.

Henry enerwooa, ntaie Sunerlntendent of Public Instruc lion, declared that so iar as me Mtate DeDartment Is concerned, it can offer no relief for Deen, as town ship trustee may dismiss teacher whenever they ee fit. Trustee Doogs denies tne question of evolution Involved in the dis missal. TO PERFORM AUTOPSY INLONGBEACHDEATH Mlneola. 1 July 17 Bert Jsmln W. Kenman of Hempstead will today nerform an autopsy on the body of Mr.

Mary France Dltchett who had a summer home at 77 Park Long Beach, and a winter horn at JIB W. 4th Manhattan in an effort to determine If her sud den death toduy wa due to othet than natural cause. An analysis th stomach content will also made. In th meantime William (Jou.li of 618 Riverside who bus a frankfurter stand on the bou levard at Long Beach, I being do taJned pending further inquiry. Mr.

Dltchett, 13. wife of Oeorge T. Dltchett, who ha an office at 112 Wall went down to the Mrand yesterday afternoon to bathe. After she emerged from the ocean she bought and ate a frankfurter. Our Ing the night she was In distress.

The physician culled In would not issue a certificate of ath until the District Attorney hud reviewed all the fact. The Long Heuc.h police notified District Attorney Charies K. Week who assigned A.sslstant District Attorney Klvln 1,. Kdwiird to Investigate and N. (I.

Hchlamm, th Nassau County crime Investigator, started In to probe the cause of death. The man from whom ah bought th frankfurter 1 blns questioned. Professor Puts Earth's Av At Ywn Kbenigsberg. Germany, Jul it The approximate age of Im earth, in the opinion of Pit Wilhelm Eltel. is from i.lfjo.OihV 000 to 1,200,000,000 year.

An account of his investigations, Just published here, shows he arrived at these figures through calculation of the radioactivity of various strata of earth. Using pre-Cambtan stone formations as representing the oldest known mtnerological deposits. There Were fossil sheila, there eni skeletons of reptiles, fishes, birds and mammals, the like of which no mart could notof see alive on land or sea. But Darwin recognized, as then ot Science have always admitted since, that this record of the rooks Is an Imperfect one. If all species were gradually de Veloped from others by evolution, then, argued those who looked for flaws In his theory; why were there hot examples of all gradations be- tween how living species, and between living species and those, though perhaps extinct, from which they developed.

Durwln Makes llcpl.r. Darwln'e answer was this Itnper- fectlon of the geologic record. "I look at the natural geological record as a history of the world Imperfectly kept," he wrote in the "Origin of Species," "and written in a changlhg dialect. Of this history possess the last volume alone, relating only to two or three countries, Of this volume, only here and there a sliqpt chniUer has been preserved, and of. page, nply here and there a few Each word of a slowly changing language In which history is supposed to be written, being more or less different in the interrupted succession of chapters, may represent the apparently abrul'tly changed forms of life, entombed In our consecutive but widely separated "On this View the difficulties above discussed are greatly diminished or even disappear.

W. W. (WIRT IS SHOPiKRl) i i miin itimnnn An ai lncnuniDcri ur YOUTHS IN CRIME Shocked by the large number ot youths appearing before him in County Court on criminal chrges, County Judge Edward Brown, who Is here filling In during ths vacation period, declared today from th bench that "this indication of disregard for law among the young men Is an evl, omen for the future." said that to him, "It was a condition filled with peril," and for which "an Immediate and effective remedy" should be found. Ten young men between the. age of 16 and 20 had been brought before the Judge, who comes from Steuben County.

Six of them ad mitted their guilt. All but one of the ten were first offenders, and all but one, also, were charged with thefts. "Whether this Is an Indication of the prevalence of crime among the youth here in Brooklyn, I cannot say," declared the Judgp, "but sure-ly It doe Indicate a condition filled with peril, and one for which Imme diate and effective remediv should be found. This Indication of dls regard for law among the youths Is an evil omen for the future." Sold 1130 Necklacv for 35 Cent. Judge Brown allowed thoso who answered guilty to plead to misde meanor charge, rather than felo nle, thus saving them from prison term and the loss of the! rcltlzea ship.

John Lynch. 1. of 164 Luquor who wa found with a bag containing $4,000 in Jewelry taken from a pawnshop on the night of July 1, unci rrank Henevento, IS, or zaif Lakewood Waterbury, Conn who pleaded guilty to stealing a $150 necklace, which he sold for 25 were remanded. Tnomu Cook, of 27 Stockton pleaded guilty to having taken- a motorcar for a Joy ride. Alphonso Harrison iu, of 807 Gates alio Hole a motorcar.

Isllod Bardman, IV, of 555 Pine wa found in an apartment et 239 10. 4th and pleaded guilty to unlawful entry. The Judge turned him over to ths Jewish Big Ulster Four Plead Not Yaullty. Joseph Byrness, 20, of 96 Monroo and Albert Jama. 12, 10 K.

38th pleaded not guilty to robbery charge. Maurice Dulte, J9, of 665 Pine said he knew nothing of tho theft of two typewriters and an adding machine, mov than a year airo, from the offices of William R. Howell, at 2852 Corpsey ave. Ho stand trial. Frank Moretlo, 17, of 55 Colum bla and his Mntteo, 46 denied having attacked Patrolman John C.lasscr of tho Butler st.

station, when, the officer rharged he warned them to stop annoying drunken man. An'hony Jabnrowskl 16, of 140 16th nlso pleaded not guilty of tn theft ot a radio set By WAtSOtf DAVtB, Managing Editor Science SolTlc. (Special Tho Eagle.) Dayton, July 17 A wll berforee and a Huxley of a age held forth in Dayton's court room yesterday. i The two addresses that they ma.de should be read by all Who are Interested in the rushing progress of sclenc. For Bryan' shouting, revivallstic exhortation, although Intended a an aid to th prosecution, Wa probably the most effective plea.

In Ju8tlflca- tion of the teaching uf evolution yet presented td the public. Bryan, a Bishop Wllberforce, Is acknowledged leader of the Fundamentalist anti-cvnlutlon movement, It was truly pitiful to hear Bryan discuss the scientific Witnesses desired to exclude from the case. The srlehtlflc experts, tho admissibility of whose testimony Was being debuted, were astounded and stirred by Ihe crass Ignorance of rclrncend scientific method exhibited by Mr. Bryan. Conflict of Methods.

Thla battle ot Dayton, In fiict, is more a conflict bf Ideas and method of thought than a fight between religion and clenc. liryaft th Upholder ot revealed science Just he Is of th belief In revealed religion. The Joy and thrill experienced by th trua research worker and Helen- list are foreign to his experience. He takes a legalistic attitude toward nan creation. It Is as written in the Bible, th law of God, therefor It Is so.

In the field bf rclenee. whether man's evolution or the Conduct of tho universe is being studied, hwi fact replace old. t.t science there; motion, life and constant Laws established by long research and adequate vldenre are accepted only Ion ga new evidence or ibcis do not show them to fair, rtclen- titfl have opinions as a result of evidence Instead of ronvrrslon. Malone in Huxley's Hole. The Kuxlev tvho oODOsed Blshon Bryan wa Dudley Field Malone.

There Is significance in the fact that Malone Is a lawyer and not a scientist. America ha no crusading clentlflo propagandist analogous to Huxley, the interpreter of uarwin, It Indicates, perhaps, that eotence has so diffused Itself that a non-scientiBt 1 competent to successfully clash In advance guard action with the attack of bigotry and Ignorance. Men and women of science must be relied upon to produce and explain the facts and law of science, note the scientific experts ready to iefend Scopes. But science claims ktnshlD with other progressive move ment of the day, and the battle for th truth of science and the freedom of thought and teaching can be fought by allied forces. Bryan ine runca-mentallst typ of cerebration and in difference to fact.

tits lavorite method of argument was to present garbled, false or superseded state' ments. Misquoted Professor Bateson. Three year ago Professor Bale son, an eminent Britlsn geneticist, presented to the American Associa tion for th Advancement of Science en address whioh fundamentalist have ever since been misquoting as a denial of evolution. It was antic! pated that Bryan would repeat th misquotation yesterday and ne aid. Kvery one should know bv now that the American Association for the Advancement of HcKnc, the great est scientific body in this country.

in which Mr. Bryan himself boast membership, ha oir.phatlcal lv that "evidence of the evolution of man I ufflclent to convince every Lclentist of note In the world." It Is also typical of Mr. Bryan's mental mechanism mat he read from Darwin's "Descent of Man written 75 years ago, a statement which he expected the defense to give preference over the modern knowledge of the living scientists In ths court oom. And any nursing hahy knows Mr Bryan wa wrong when he said man is not a mammal. ELKS TO LEAVE PORTLAND TONIGHT (BprrM to The Eafile.) Portland, July 17 After spending four day at th Grand Lodge reunion, during which time they were tendered a number of entertainment here, th special train carrying the delegation of 100 Brooklyn Klks will start for home tonight.

The trip will he niadeihv way of Yellowstone National Park. Mayor Baker and a special extort will see. the Brooklyn delegation, headed byP. E. R.

James T. Brady, off for the Kant at train time. The Brooklyn delegation were more than pleased with the hospitality shown them her, and played a prominent part In th convention. Mr. Brady stated that th trip had been made so fr without an accident or the lightest lllnei on th part of any member of th Brooklyn delegation Darwin, in erfctlngr his arpu- ment for evolution, appealed, among other things, to the record written In the rocks." After displaying the evidence from domestic breeding bf plant and animal and from a.

study of the vast number Of existing spe- cles, he had to do this other thinp without which the plea for evolution Would not have been complete. He had to show that for millions of years before the historical era began, for millions of years before the appearance of man, life existed on the face of the earth and developed from Species to species, from genus to tnany fcenera. He did this, of course, by appealing to a kindred science, geology. There have been tremendous geological discoveries since Darwin's day Which would haVe aided greatly In filling out some of the lapses In the completeness of the record as he khw It. But It wa-ntlll an impressive body of evidence.

Geology was even then not a new thing. Showed Many Fossils. At the time-: of Rls writing the "Origin of Species" thousands of scientists had already lived and labored and organised their findings. The rocks, though but slightly explored, compared to what has been done since and what will no doubt be done In the future, were able to show a great multitude and vaalety of fossil which could not be accounted for on thl theory of a creation of all species In a week some thing like 4,000 year B. C.

Polyphonies Wins Eclipse Stake at Newmarket Newmtrket, England, July 17 (A) Sol Joel's Polyphontes won the Eclipse Stakes of 1,500 run here today. Polyphonies is by Folymelus out of St. Josephine, The Aga Khan' Zambo wa second, and another of hi horses, Dlophon, wa third. Thirteen ran. Th betting wai foiypnonie.

ti to 4 against, Zambo I to I against, and Dlophon I to 1 against. Polyphontes won- by a n0K and two length separated zamoo ana Dlophon. AUDITORE INSISTS HE HAS ONLY $250 LEFT FROM FORTUNE While Federal' officer waited with a warrant to arrest him on charges ot defrauding the Government with "hi lncom tax return, Frank Auditor, 47, on of the "mllllonalr" tevedores, testified today betor Justice Hagarty in Supreme Court In an Inquiry to find out If he has secreted any property that might be' ueed to satisfy the $340,000 Judgment won by Mrs. Oluseppiana Auditor Parascandola, his lster-ln-lw, who ued as one of the partner of th Auditor Contracting Company and charged Frank with cpnvertlng the money to his own, uses. "I don't own anything," Audltore said.

"1 did not dispose of any real or personal property for either myself or my he said. "All I have In the world Is my clothes, worth 1250." Auditor said that he let hi wife pet a dlvorc from him, volunteering (he (Information by which she obtained th "evidence," after her own efforts had failed. pleaded lack of remembranc to many question and Justice Hagarty ruled that the Court had no power to mak him testify when said he did not remember. Weather in Rome So Cold People Now Wear Overcoats Bom, July 17 Weather of astonishing coolness prevails In Rome this summer instead of the usual torrid heat. Wraps and overcoats are being worn In the evenings.

Gray skle and howera are frequent. Homans who usually desert their capital In the summer ar remaining at home. Th stteets her-are crowded while summer resorts throughout Italy report a poor business. AMONG THOflH opportunities present In Tho 8(l Claulflo (ootte Mvaral which sr Just your tin. MAHAR DEFENDS PAROLE SYSTEM John Muhar, Parol Commissioner of New York, speaking before the Itldgewood Community Council at P.

H. 81. Forest v. and Woodbine Kldgewood, last night, defended the parole ytem "a mean of lessening erlm In the city. Seventy-five percent of those who appear before the Commission, he said, nvr com back again for r-trlal, Indicating that they have "gone strnlght." Tho Parole Boardfl ft ald, does lot lose contact with they are released, but help hem secure employment nnd In other 'ryn assists them and their families tn become useful members of society.

WOMAN DIES IN BANK Elisabeth Lelterman, 7. of 172 Hmlth wnt to the Houth Brooklyn Having Bank, I JO Court at noon and was taken suddenly III. Befor Dr. Hllverman, eummoned by Policeman Convery, could reach her Mrs. Leltermsn was dead, Her daughter Is In Newburgh and shr wbi alone.

In passing..