Darrow Flayed

In Cleveland, 200 ambitious, attentive young men, about to be sworn in as attorneys, listened to the words of a grim jurist in a shovel-tail coat--a gentleman whose pointed head, lean yellow face and sardonic lip bristle gave him a Mephistophelian air, but whose words were admonitory, noble, penetrating. He--Chief Justice Carrington T. Marshall of the Ohio Supreme court--was flaying the professional ethics of Clarence D arrow, famed champion of Leopold, Loeb and the Ape. Said he, referring to the Scopes trial (TIME, July 6 et seq.) :

"The law of that case was plain and simple. Neither the indictment nor the statute under which the indictment was framed, contained any mention of evolution. . . . That the forbidden doctrines were taught was freely admitted by the defendant. No defense was therefore open except that of the constitutional validity of the law itself. And yet Darrow sought to browbeat and to bluff the judge into admitting expert evidence upon the soundness of the theory of evolution. And upon refusal he became abusive, highly disrespectful and contemptuous in his conduct toward the court. He had no purpose or motive except publicity and notoriety. After he had been cited for contempt and when faced with the probability of paying a fine, he made the most humble and abject apology. The character of Darrow is again shown by a recent public statement made by him that 'courts are cockpits in which lawyers may fight.'"