frequently stated plainly by high legal officers, especially when a man accused of political heresy is on trial—usually, of course, for an alleged infraction of the ordinary law. As I have said in a previous chapter, it was applied to atheists, exactly as Bishop Wilson applied it, during the celebrated Scopes trial at Dayton, Tenn. Arthur Garfield Hays, defending Scopes, arose at one point in the proceedings to protest that they were going beyond the bounds of due process—that his client was not getting a fair and impartial trial within the meaning of the Constitution. At once the prosecuting attorney general, Stewart, answered candidly that an atheist had no right to a fair trial in Tennessee, and the judge on the bench, the learned Raulston, approved with a nod. Hays, who is a Liberal, was so overcome that he sank in his place with a horrified gurgle, but the Tennesseans in the courtroom saw nothing strange in Stewart’s reply. They knew very well that, in all the States South of the Potomac, save only Louisiana, Catholics, Negroes and all the persons unable to speak the local dialects fluently shared the disability of atheists. And if they were learned in American law, they knew that anti-
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