There is little evidence to indicate that the defense understood the kind of case it was up against, though naturally this is said in a philosophical rather than a legal sense. After the questions of law were settled, its argument assumed the substance of a plea for the truth of evolution, which subject was not within the scope of the indictment. We have, for example, the statement of Mr. Hays already cited that the whole case of the defense depended on proving that evolution is a “reasonable scientific theory.” Of those who spoke for the defense, Mr. Dudley Field Malone seems to have had the poorest conception of the nature of the contest. I must cite further from his plea because it shows most clearly the trap from which the defense was never able to extricate itself. On the fifth day of the trial Mr. Malone was chosen to reply to Mr. Bryan, and in the course of his speech he made the following revealing utterance: “Your honor, there is a difference between theological and scientific men. Theology deals with something that is established and revealed; it seeks to gather material which they claim should not be changed. It is the Word of God and that cannot be changed; it is literal, it is not to be interpreted. That is the theological mind. It deals with theology. The scientific mind is a modern thing, your honor. I am not sure Galileo was the one who brought relief to the scientific mind; because, theretofore, Aristotle and Plato had reached their conclusions and processes, by metaphysical reasoning, because they had no telescope and no microscope.” The part of this passage which gives his case away is the distinction made at the end. Mr. Malone was asserting that Aristotle and Plato got no further than they did because they lacked the telescope and the microscope. To a slight extent perhaps Aristotle was what we would today call a “research scientist,” but the conclusions and processes arrived at by the metaphysical reasoning of the two are dialectical, and the test of a dialectical position is logic and not ocular visibility. At the risk of making Mr. Malone a scapegoat we must say that this is an abysmal confusion of two different kinds of inquiry which the Greeks were well cognizant of. But the same confusion, if it did not produce this trial, certainly helped to draw it out to its length of eight days. It is the assumption that human laws stand in wait upon what the scientists see in their telescopes and microscopes. But harking back to Professor Adler: facts are never determinative of dialectic in the sense presumed by this counsel.