It should now be apparent from these analyses that the defense was never able to meet the state’s case on dialectical grounds. Even if it had boldly accepted the contest on this level, it is difficult to see how it could have won, for the dialectic must probably have followed this course: First Proposition, All teaching of evolution is harmful. Counter Proposition, No teaching of evolution is harmful. Resolution, Some teaching of evolution is harmful. Now the resolution was exactly the position taken by the law, which was that some teaching of evolution (i.e., the teaching of it in state-supported schools) was an anti-social measure. Logically speaking, the proposition that “Some teaching of evolution is harmful,” does not exclude the proposition that “Some teaching of evolution is not harmful,” but there was the fact that the law permitted some teaching of evolution (e.g., the teaching of it in schools not supported by the public funds). In this situation there seemed nothing for the defense to do but stick by the second proposition and plead for that proposition rhetorically. So science entered the juridical arena and argued for the value of science. In this argument the chief topic was consequence. There was Malone’s statement that without the theory of evolution Burbank would not have been able to produce his results. There was Lipman’s statement that without an understanding of the theory of evolution the agricultural colleges could not carry on their work. There were the statements of Judd and Nelson that large areas of education depended upon a knowledge of evolution. There was the argument brought out by Professor Mather of Harvard: “When men are offered their choice between science, with its confident and unanimous acceptance of the evolutionary principle, on the one hand, and religion, with its necessary appeal to things unseen and improvable, on the other, they are much more likely to abandon religion than to abandon science. If such a choice is forced upon us, the churches will lose many of their best educated young people, the very ones upon whom they must depend for leadership in coming years.” We noted at the beginning of this chapter that rhetoric deals with subjects at the point where they touch upon actuality or prudential conduct. Here the defense looks at the policy of teaching evolution and points to beneficial results. The argument then becomes: these important benefits imply an important beneficial cause. This is why we can say that the pleaders for science were forced into the non-scientific role of the rhetorician.