In the order of their appearance, the following were selected for the jury: W. Roberson farmer, no church affiliation , J. Dagley farmer, Methodist , James W. Riley farmer, Baptist , W. Taylor farmer, Southern Methodist , R. Gentry farmer and teacher, Baptist ; Jack R. Thompson jury foreman, former U. Marshall, farm owner, Methodist , W.
Smith farmer, Baptist , Jess R. Bowman farmer and cabinet maker, Methodist Episcopal. William G. Day farmer, Baptist , R. West farmer and carpenter, Baptist , and John S. Wright farmer, Baptist. Trial ; de Camp On the second day, Monday, July 13, the Reverend M. Moffett was asked to lead in prayer. The indictment was discussed at length, and a motion by Dr. Neal to quash it failed. The prominent speakers on this day were Dr. Neal, General Stewart, and Clarence Darrow, the last of whom concluded the day with a speech on freedom that takes up 13 of the 42 pages of the trial record for this day.
When Judge Raulston called on the Reverend Dr. Stribling to begin in prayer on the third day, Tuesday, July 14, Clarence Darrow objected to the practice and to the jury being present at the discussion of the matter. After heated discussion on both sides, the judge overruled in favor of opening the court with prayer.
Court was then adjourned for much of the day in order to allow the judge to formulate a decision regarding the question raised on day two about the constitutionality of the law and the motion to quash the indictment. Charles Francis Potter, the Unitarian minister from New York who assisted the defense as an expert on religion.
Judge Raulston then read his lengthy and carefully worded decision about the motion to quash the indictment. Finding the indictment adequately clear and the law appropriate in its relation to freedom of thought and expression, Raulston overruled the motion.
In the afternoon session, Scopes pleaded not guilty. Then the prosecution called the following witnesses: Superintendent of Schools Walter White; school board chairman F. Scopes at the time of the May 25th hearing and Darrow at the time of the trial both coached some of the prospective student witnesses on the details of evolution so they would appear to have learned the subject from Scopes.
Darrow, in fact, roomed at the home of one witness, Howard Morgan Allem 66; de Camp ; Scopes In the entire long trial, these were the only witnesses whose testimony was part of the official record. Ironically Scopes could have avoided a criminal trial with its possible conviction and loss of a job by taking advantage of his status as a professional educator, questioning the constitutionality of the anti-evolution law, and asking for a declaratory judgment Larson For their first witness, the defense team called Johns Hopkins University zoologist Dr.
Maynard M. Metcalf Trial In number of days but not in dramatic and legal high points, the trial was at the fifth-day halfway mark on Thursday, July 16, when the Reverend Dr. Allen of Nashville was named to open the court session with prayer. Sue Hicks, B. McKenzie, Darrow, and Neal joined the heated discussion. Bryan then turned the tables on Darrow by using against him his argument in the Leopold and Loeb murder case.
Legal technicians Stewart and Hays finished out the day of stirring speeches by debating on principles of interpretation. Stewart pointed out that the intent of the legislature rather than individual words such as and in the Butler Bill was the rule in Tennessee for interpretation Trial Eastwood to pray before the sixth and shortest day of the trial, which was on Friday, July Judge John Raulston began by summarizing in clear and careful detail the arguments of the prosecution and the defense on the important matter of the admission of expert testimony presented the day before.
Then he sustained the motion of the attorney general to exclude expert testimony. After a lengthy discussion, Raulston agreed to allow the defense to include the expert testimony but in the absence of the jury , to read it into the record though the judge and the prosecution preferred that time be saved by simply submitting it in written affidavit form , to protect it from cross-examination though Bryan requested this privilege , and to give the defense a recess of the rest of the day to prepare documents that the defense lawyers could read into the record though the judge preferred direct dictation from the witnesses, and the prosecution was unhappy at losing so much time.
The evaluation of trial historian L. But without comment at a. Though there had been some dramatic and interesting spots, the trial proceedings up to this point had been long, technical, and uninteresting to the average layman. The worldwide audience coverage continued, but the audience in and about the courtroom began to thin out. On Saturday, July 18, the exodus began: H. Thompson headed to Florida, W. Bryan, Jr.
Monday, July 20, the seventh day of the trial, began hot and was to get hotter both in weather conditions and word confrontations. The opening prayer was delivered by the Reverend Standefer. After lengthy discussion taking up ten pages of the court record and similar to that on day six, Arthur Garfield Hays was finally permitted to summarize and read verbatim into the record twelve written testimonials of the scientific and Biblical experts the defense had congregated.
The reading took the rest of the morning and part of the afternoon. In order of presentation, statements from the following were inserted in the record but not as an official part of the trial as far as the jury and cross-examination were concerned but as indications of what the defense proof would have been, should the case go to a higher court in the appeal process:.
The documents ranged from one to eighteen pages. Charles H. In between the statements by Dr. Curtis and Dr. Rosenwasser, the court recessed for lunch. Judge Raulston inspected cracks in the first-floor ceiling caused by the weight of the crowd upstairs.
Stewart conferred with the defense and arranged for Darrow to apologize to the court. After the recess, Darrow apologized grudgingly but sufficiently to satisfy the big-hearted judge, who quoted Scripture and forgave Darrow.
Because of the building stress, the heat, and the crowd, Judge Raulston reconvened the court on a platform in the courtyard below. The heat, the boredom of the expert testimonials being read by Hays, and the dim prospects of anything important or exciting happening from this point on tempted all but a half dozen of the more than one hundred reporters either to go back home or seek cooler, more inviting surroundings that afternoon.
As a result they missed not only the cooler court setup of being out under the trees but also one of the hottest exchanges of the entire trial. Because so few reporters were present when Bryan took the stand to be interrogated by Darrow, Scopes was conscripted to write covering news stories for the delinquent newsmen Scopes Much of the Scopes Trial news coverage in and ever since leaves a great deal to be desired.
On the lowest level there was character assassination. On a level not much higher was the one-sided, biased reporting which presented the remarks of Darrow, Malone, and Hays as virtually flawless but described the utterances of Bryan as vividly faulty. In addition to the inexcusable bias, the press also did a poor job on the level of the trial issues. Also largely ignored was the fact that Bryan was not against the teaching of evolution — if it were taught as a theory rather than as a true fact — and if equal time were given to other major options, such as creationism.
Another overlooked point was that Bryan did not ask that religion be taught in the public schools. What he objected to was religion being attacked in the public schools Smith ; Levine , , Bryan as a witness.
The highly irregular procedure of calling an opposition lawyer as a witness was objected to by Attorney General Stewart but permitted by Judge Raulston and agreed to by Bryan — with the understanding that he would be allowed to put Darrow, Malone, and Hays on the stand Trial , , ; de Camp , Reactions by reporters and subsequently by historians ranged the gamut. A few were positive. The above-mentioned conflicting evaluations necessitate an examination of the trial transcript.
And so it went for almost two hours, ranging over some fifty topics with several related questions each. Bryan was careful to define terms, adhere to known facts, distinguish between literal and figurative language, and frankly admit when he did not know the answer. From time to time Stewart questioned the legality of the proceedings, especially when Darrow cross-examined his own witness.
And they disclosed that Bryan was flexible enough to allow for the days of creation being longer than twenty-four hours each and perhaps as long as millions of years. The eighth and final day of the trial, Tuesday, July 21, was opened in prayer by the Reverend Dr. Camper of Chattanooga. Rainy weather moved the trial back into the courtroom.
Another reason for this move may have been a secret visit by Sheriff Harris and other officials to the judge, urging him to bring the trial to a conclusion as soon as possible in order to avoid injury, for emotions were running high, and both Darrow and Bryan had received threats de Camp ; Harris.
This move prepared the way for an appeal to a higher court, spared Darrow from having to be questioned by Bryan, and circumvented the summation arguments and the threat posed by the concluding address that Bryan had been working on Scopes Since there were indications that some of the jury were getting feisty over being excluded from so much of the trial, and others were showing sympathy for Scopes, there was reason to suspect that the jury might find Scopes innocent.
Stewart, Raulston, and Darrow consulted together. After Raulston gave a lengthy charge to the jury, Darrow was permitted to explain to the jury that they should not worry about their verdict, for it could enable the defense to take the matter to a higher court. Neal, asked Scopes if he had anything to say de Camp ; Trial I will continue in the future, as I have in the past, to oppose this law in any way I can.
Any other action would be in violation of my ideal of academic freedom — that is, to teach the truth as guaranteed in our constitution, of personal and religious freedom. I think that the fine is unjust. For five days following the trial, Bryan stayed in Tennessee. On Sunday, July 26th, Bryan drove from Chattanooga to Dayton, was called upon to deliver the morning prayer at the First Southern Methodist Church, and that afternoon died in his sleep. Haggard and B.
John Thomas Scopes rejected F. On 31 May , the appeal hearing finally began. Scopes did not attend any of the legal sessions after the Dayton trial Scopes The prosecution was represented by E.
And the spirit of William Jennings Bryan was there in the form of quotations from his undelivered Last Message, which the State used Ginger On the contrary we think the peace and dignity of the State.
Such a course is suggested to the Attorney-General. Supreme Court de Camp The next year, George W. Hunter published A New Civic Biology , updating the textbook Scopes supposedly used and presenting a very cautious treatment of evolution that did not even name the term.
Arthur Garfield Hays resumed his law practice, continuing to champion the underdog, and he died in Dudley Field Malone returned to his divorce law office, got divorced himself, remarried, and when his practice declined, became a Hollywood bit-part actor for about ten years, dying in Sue Hicks went on in law, got elected to the state legislature, and later became a judge.
Robinson continued to hustle as a druggist, opened up a second store in Spring City, and before his death in , aided in the development at Bryan College, serving as a founder, incorporator, and chairman of the Board of Trustees. Clarence Darrow took on two more cases and then retired to write, lecture, and travel. Senate in Neal, eccentric until his death in , ran unsuccessfully for senator or governor and one year for both in the same primary.
Mencken lived to see his American Mercury magazine taken over by ultra-conservative Christian Fundamentalists. This was known as the Butler Act. TIM: That same year, John Scopes, a substitute biology teacher, knowingly broke this law by teaching evolution in a biology class. He wanted to test whether the Butler Act could be enforced. Sure enough, he was arrested and put on trial.
An image shows John Scopes. An image shows a newspaper's front page. TIM: It represented a larger debate going on at the time in the U. TIM: Traditionalists worried that modern technology and ideas were undermining people's morals, while those who embraced modernity embraced change, arguing that traditional morals were responsible for wars, slavery, and other social problems. An animation illustrates a comparison of traditionalism, symbolized by a top hat, a horse and carriage, and a Bible, with modernity, symbolized by a plane, a car, and other machinery.
TIM: Proponents of modernity accepted the theory of evolution, but traditionalists, especially fundamentalists, were against it. They oppose evolution because it contradicts the Christian story of creation. Images compare the evolution from ancestral monkey to human with the divine origin of humans as presented in the Bible.
William Jennings Bryan, a famous orator and three-time presidential candidate, represented the state. An image shows William Jennings Bryan. TIM: The trial began in July of nineteen twenty-five. Reporters and spectators swarmed the town to see the trial of the century.
An animation shows a crowded downtown area. There is a lemonade stand and someone is handing out literature for the Anti-Evolution League. A man walks a monkey on a leash. TIM: The facts of the case were sort of beside the point.
John Scopes had broken the law. The defense wanted to lose the case and appeal it all the way to the U. Supreme Court, which they hoped would find the Butler Act unconstitutional. Constitution calls for a separation between church and state, so public schools aren't supposed to teach religious explanations for things in a science course. Highlighted text reads: Congress shall make no law respecting an establishment of religion.
TIM: After a trial of just over a week, Scopes was found guilty, and the judge fined him a hundred dollars.
The jury was supposed to determine the fine, not the judge. It remained on the books for another forty-two years until it was repealed in nineteen sixty-seven. A year later, laws banning the teaching of evolution were ruled unconstitutional by the U. Supreme Court. TIM: Well, the issue is actually still alive. Most recently, opponents of evolution have proposed the teaching of something called intelligent design.
It holds that life on Earth is too complicated to have evolved on its own, and that it must have been designed by an intelligent being.
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