Exactly the same confusion appeared in a rhetorical plea for truth which Mr. Malone made shortly later in the same speech. Then he said: “There is never a duel with truth. The truth always wins and we are not afraid of it. The truth is no coward. The truth does not need the law. The truth does not need the forces of government. The truth does not need Mr. Bryan. The truth is imperishable, eternal and immortal and needs no human agency to support it. We are ready to tell the truth as we understand it and we do not fear all the truth that they can present as facts.” It is instantly apparent that this presents truth in an ambiguous sense. Malone begins with the simplistic assumption that there is a “standard” truth, a kind of universal, objective, operative truth which it is heinous to oppose. That might be well enough if the meaning were highly generic, but before he is through this short passage he has equated truth with facts—the identical confusion which we noted in his utterance about Plato and Aristotle. Now since the truth which dialectic arrives at is not a truth of facts, this peroration either becomes irrelevant, or it lends itself to the other side, where, minus the concluding phrase, it could serve as a eulogium of dialectical truth. Such was the dilemma by which the defense was impaled from the beginning. To some extent it appears even in the expert testimony. On the day preceding this speech by Malone, Professor Maynard Metcalf had presented testimony in court regarding the theory of evolution (this was on the fourth day of the trial; Judge Raulston did not make his ruling excluding such testimony until the sixth day) in which he made some statements which could have been of curious interest to the prosecution. They are effectually summarized in the following excerpt: “Evolution and the theories of evolution are fundamentally different things. The fact of evolution is a thing that is perfectly and absolutely clear.... The series of evidences is so convincing that I think it would be entirely impossible for any normal human being who was conversant with the phenomena to have even for a moment the least doubt even for the fact of evolution, but he might have tremendous doubts as to the truth of any hypothesis....”