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Line 1: − + + + + + + + + + + + − + + + + + − The textbook also featured the fraudulent [[Piltdown Man]]. At the time, Darwinists claimed that this and eugenics were indisputable science to be taught to students. The Hollywood version heaped mockery on any argument that teaching evolution could be socially harmful.+ − In the real trial, Bryan quoted for the court how Darrow had previously claimed that murder defendants Leopold and Loeb were driven to crime by what they were taught, which was Nietzche's atheistic philosophy. Bryan quoted Darrow as saying that "Is there any blame attached because somebody took Nietzsche's philosophy seriously and fashioned his life on it? ... The university would be more to blame than he is. ... Your honor, it is hardly fair to hang a 19-year-old boy for the philosophy that was taught him at the university."+ − + − So Darrow stunned the court by requesting to cross-examine Bryan, in the hope that Bryan, like many attorneys, would be a poor witness. Darrow's attempt was unprecedented, because trial attorneys almost never take the witness stand in their own cases. Bryan agreed only on the condition that he could cross-examine Darrow. Based on that agreement, Bryan took the witness stand.+ + − A witness in a trial is always at a disadvantage on cross-examination, because he can only answer questions that are posed by a hostile adversary. On cross-examination, Attorneys are allowed to ask leading(yes or no) questions to force the desired response, unlike on direct examination. Attorneys are particularly vulnerable, because their knowledge of the law and tendency to speak in legalese hinder their performance.+ − − Darrow undoubtedly thought that he could turn Bryan into the proverbial buffoon that liberals wanted. As the transcript reveals, however, Bryan got the better of his accuser. Bryan repeatedly turned the tables on Darrow's questions, which the large courtroom audience found amusing at Darrow's expense. Here is a sample:[1] − Bryan--These gentlemen have not had much chance--they did not come here to try this case. They came here to try revealed religion. I am here to defend it and they can ask me any question they please.+ − Judge--All right. (Applause in audience.) …+ + − Bryan--Those [the audience] are the people whom you insult.+ − Darrow--You insult every man of science and learning in the world because he does believe in your fool religion. ....+ − Darrow: Wait until you get to me [N.B. this apparently refers to Darrow's agreement to be a witness]. Do you know anything about how many people there were in Egypt 3,500 years ago, or how many people there were in China 5,000 years ago?+ − + − + + + − Bryan--No, sir. You are the first man I ever heard of who has been in interested in it. (Laughter)+ − − Darrow--Mr. Bryan, am I the first man you ever heard of who has been interested in the age of human societies and primitive man? − − Bryan--You are the first man I ever heard speak of the number of people at those different periods. − − Darrow--Where have you lived all your life? − − Bryan--Not near you. (Laughter and applause). − − Darrow tried again and again to trap Bryan, but struck out each time. A later exchange ended, once again, with the audience laughing: − − − − Bryan--I believe that. − − Darrow--Have you any idea how the snake went before that time? − − Bryan--No, sir. − − Darrow--Do you know whether he walked on his tail or not? − − − − The next day, it was Darrow's turn to be cross-examined. But Darrow stunned the public by giving up rather than upholding his end of the bargain. Darrow took the unprecedented step of asking the jury for a guilty verdict against his client, the defendant teacher John Scopes. To save his own skin, Darrow handed over his client! − − After 8 days of trial, the jury gave Darrow exactly what he requested, after 9 minutes of deliberation. Scopes was found guilty on July 21 and ordered to pay a fine of $100 US, which was eliminated on a technicality on appeal. − − == The movie and play == − The play ''Inherit the Wind'', and the adapted movie, were loosely based on the Scopes Trial.<ref>[http://www.themonkeytrial.com/]</ref> Several modifications were made; characters names were changed, and many crucial facts were changed. The authors have said that the play was really an attempt to mock Senator Joseph McCarthy, and to equate anti-communism with anti-intellectualism.<ref>http://www.onthemedia.org/transcripts/2005/07/08/07</ref> It featured the popular Spencer Tracy as Clarence Darrow, and even garnered a few Academy Award nominations. − − The movie features an angry mob trying to lynch a jailed teacher; in fact, the ACLU ran advertisements with offers to pay expenses for a teacher to volunteer for the case, and Scopes was never jailed and never paid even a fine. − The movie portrayed the character based on Bryan as a complete buffoon. Bryan's death was also portrayed as happening in the courthouse, when in fact he was an elderly man suffering from diabetes who died peacefully in his sleep.+ − − American history books often describe this case as a catalyst for evolution supporters.<ref>The Enduring Vision, Fifth Edition, Chapter 23: The 1920s: Coping with Change, Paul S. Boyer, University of Wisconsin, Madison; Clifford E. Clark, Jr., Carleton College; et al. (a commonly used American history textbook for Advanced Placement US History classes).</ref> − == Aftermath ==+ − + − The law challenged by the [[ACLU]] in the Scopes Trial remained in effect for over 50 more years. In 1967, Tennessee repealed the Butler Act, and in 1968, the Supreme Court ruled in ''Epperson v. Arkansas'', 393 U.S. 97, that such bans on teaching are unconstitutional if they are primarily religious in intent. However, Tennessee continues to downplay evolution in its schools.{{fact}}+ − ==References== + − <references/>
no edit summary
The trial in 1925 of John Scopes for teaching evolution in Tennessee was a defeat of Darwinism. The [[ACLU]] and liberal trial lawyer Clarence Darrow brought the Scopes case in the hopes of winning a public relations and legal victory, but in fact [[William Jennings Bryan]], the liberal three-time Democratic presidential candidate, decisively beat them.
{{Infobox Court Case
| name = Scopes v. State
| court = Criminal Court of Tennessee
| image = [[Image:No image.png]]
| date_decided = [[July 21]], [[1925]]
| full_name = The State of Tennessee v. John Thomas Scopes
| citations = None
| judges = [[John T. Raulston]]
| prior_actions =
| subsequent_actions = ''[[Scopes Trial#Appeal to Supreme Court of Tennessee|Scopes v. State (1926)]]''
| opinions = The Butler Act does not violate church and state or state religion laws but instead merely prohibits the teaching of evolution on the grounds of intellectual disagreement and leaves the only non-religion specific option as creationism.}}
The [[ACLU]] challenged a Tennessee statute, the Butler Act, that imposed a fine for teaching in public school that man descended from more primitive life forms. The statute did not prohibit teaching most aspects of evolution. The textbook at issue in the case taught eugenics, including that man supposedly descended from lower life forms and that some racial groups had evolved to more advanced levels than others.
[[image:7091Davis18.jpg|right|thumb|300px|William Jennings Bryan (seated at left) being interrogated by Clarence Seward Darrow, during the trial of State of Tennessee vs. John Thomas Scopes, July 20, 1925]]
The "'''Scopes Trial'''" (''Scopes v. State, 152 Tenn. 424, 278 S.W. 57 (Tenn. 1925)'', often called the "'''Scopes Monkey Trial'''") pitted [[lawyer]]s [[William Jennings Bryan]] and [[Clarence Darrow]] against each other (the latter representing [[teacher]] [[John T. Scopes|John Thomas Scopes]]) in an [[United States|American]] [[Legal case|legal case]] that tested a [[law]] passed on [[March 13]], [[1925]], which forbade the teaching, in any state-funded educational establishment in [[Tennessee]], of "any theory that denies the story of the [[Creation (theology)|Divine Creation]] of man as taught in the [[Bible]], and to teach instead that man has descended from a lower order of animals." This is often interpreted as meaning that the law forbade the teaching of any aspect of the theory of [[evolution]].
[[John Scopes]], a high school teacher, was arrested for teaching evolution from a chapter in a textbook which showed ideas developed from those set out in [[Charles Darwin's]] book ''[[The Origin of Species]]''. The famous trial was made infamous by the fictionalized accounts given in the [[1955]] play ''[[Inherit the Wind]]'' and [[1960]] [[Hollywood, Los Angeles, California|Hollywood]] [[film|motion picture]] of the same name.
==Butler Act==
At issue was the [[Butler Act]], which had been passed a few months earlier by the [[Tennessee General Assembly]]. The Butler Act provided:
<blockquote>"... that it shall be unlawful for any teacher in any of the Universities, Normals and all other public schools of the State which are supported in whole or in part by the public school funds of the State, to teach any theory that denies the story of the Divine Creation of man as taught in the Bible, and to teach instead that man has descended from a lower order of animals."</blockquote>
At that time in history the theory of [[evolution]] was considered [[creation-evolution controversy|controversial]] in public opinion, and a large faction of its detractors linked it with [[atheism]]. It would not be until the 1930s that the beginnings of the [[Modern evolutionary synthesis|modern synthesis]] brought [[Darwinism]] to the core of modern biology. In his published work ''In His Image'', William Jennings Bryan argued that evolution was both irrational and immoral. Bryan was highly influential in raising public and legislative support for the Butler Act, and its enactment by the legislature of Tennessee came at least partially as a result of his advocacy.
Bryan was an extraordinary speaker, recognized to be among the best in American history. Darrow wanted to prevent Bryan from making a persuasive closing argument to the jury, and Darrow searched for another way to try to score points for his side.
A prominent progressive Christian, Bryan's values were offended by evolution, which was considered synonymous with (or at least related to) [[eugenics]] and [[white supremacy]], due to the influence of the now-discredited (and mostly unrelated) range of ideas later termed [[social Darwinism]].
==Testing the Butler Act==
The [[American Civil Liberties Union]] (ACLU) had offered to defend anyone accused of teaching the theory of evolution in defiance of the Butler Act. [[George Rappleyea]], who managed a number of local mines, convinced a group of businessmen in [[Dayton, Tennessee]], then a town of 1,800, that the controversy of such a trial would put Dayton on the map. With their agreement, he called in his friend, 24-year-old John T. Scopes, who was the Rhea County High School's football coach who had substituted for the principal in a science class. Rappleyea asked Scopes to teach Darwinism.
Rappleyea pointed out that while the Butler Act prohibited the teaching of the theory of evolution, the state required teachers to use a textbook - George Hunter's ''[[Civic Biology]]'' (1914) - which explicitly described and endorsed the theory of evolution, and that teachers were therefore effectively required to break the law. Scopes could not actually remember having covered the section on evolution in Hunter's textbook, but he told the group "If you can prove that I've taught evolution and that I can qualify as a defendant, then I'll be willing to stand trial." They proved it, and he became the defendant.
Scopes was charged with having taught from the chapter on evolution to a class at the high school on [[May 5]], [[1925]] in violation of the Butler Act (and nominally arrested, though never detained). He was indicted on May 25.<ref>{{harvnb|Larson|1997|p=89,107}}</ref>
==Prosecution and defense teams==
The original [[prosecutor]]s were Scopes' friends, [[Herbert E. Hicks|Herbert E.]] and [[Sue K. Hicks]], a pair of brothers who were local attorneys.
Hoping to attract major press coverage, [[George Rappleyea]], the person primarily responsible for convincing Scopes to allow himself to be charged with breaking the law, went so far as to write to the [[United Kingdom|British]] [[novel]]ist [[H. G. Wells]] asking him to join the defense team. Wells replied that he had no legal training in Britain, let alone in America, and declined the offer. However, John R. Neal, a [[law school]] [[professor]] from [[Knoxville, Tennessee|Knoxville]], announced that he would act as Scopes' attorney — whether Scopes liked it or not — and became the nominal head of the defense team.
[[Baptist]] pastor [[William Bell Riley]], the founder and president of the [[World Christian Fundamentals Association]], was instrumental in calling lawyer and three-time Democratic presidential candidate and lifelong Presbyterian [[William Jennings Bryan]] to act as that organization's counsel.
In response, [[Clarence Darrow]], a staunch [[agnosticism|agnostic]], volunteered his services to the defense. After many changes back and forth, the defense team consisted of Darrow, ACLU attorney [[Arthur Garfield Hays]], and [[Dudley Field Malone]], an international [[divorce]] lawyer who had worked with Bryan in the [[United States Department of State|State Department]] while Bryan was [[United States Secretary of State|Secretary of State]].
Bryan --No.
The prosecution team was led by [[Tom Stewart]], [[district attorney]] for the 18th Circuit (and future [[United States Senate|United States Senator]]), and included, in addition to Bryan and Herbert and Sue Hicks, Ben B. McKenzie and William Jennings Bryan, Jr. The trial was covered by journalists from around the world, including [[H. L. Mencken]] for ''[[The Baltimore Sun]]'', which was also paying part of the defense's expenses. It was Mencken who provided the trial with its most colorful labels such as the "Monkey trial" of "the infidel Scopes." It was also the first U.S. trial to be broadcast on national [[radio]].
Darrow--Have you ever tried to find out?
==Trial==
[[Image:scopes trial.jpg|right|thumb|230px|[[Clarence Darrow]] and [[William Jennings Bryan]] chat in court during the Scopes Trial.]]
The ACLU had originally intended to oppose the Butler Act on the grounds that it violated the separation of Church and State within the public education system and was therefore unconstitutional. Mainly due to Clarence Darrow, this strategy changed as the trial progressed, and the earliest argument proposed by the defense once the trial had started was that there was actually no conflict between evolution and the [[Creation (theology)|creation account in the Bible]]. In support of this claim, they brought in eight experts on evolution. Other than Dr. Maynard Metcalf, the Judge would not allow these experts to testify in person. Instead, they were allowed to submit written statements so that their evidence could be used at the appeal. In response to this decision, Darrow made a sarcastic comment to Judge [[John T. Raulston|Raulston]], for which he apologized the next day keeping himself from being found in [[contempt of court]].
By the latter stages of the trial, Clarence Darrow had largely abandoned the ACLU's original strategy and attacked the literal interpretation of the Bible as well as Bryan's limited knowledge of other religions and science.
Darrow--I will read it to you from the Bible: "And the Lord God said unto the serpent, because thou hast done this, thou art cursed above all cattle, and above every beast of the field; upon thy belly shalt thou go and dust shalt thou eat all the days of thy life." Do you think that is why the serpent is compelled to crawl upon its belly?
Bryan--No, sir. I have no way to know. (Laughter in audience).
Only when the case went to appeal, did the defense return to the original claim that the prosecution was invalid because the law was essentially designed to benefit a particular [[religion|religious]] group, which would be [[Constitutionality|unconstitutional]].
To support his contention that evolution was morally pernicious, Bryan cited the famous [[Leopold-Loeb]] trial involving Darrow the year before the Scopes Trial. Darrow had saved two rich young child [[murder]]ers from the death sentence, and Bryan cited Darrow's own words:
Bryan, a 65-year-old diabetic lacking in modern treatments, died peacefully in his sleep five days after the conclusion of the Scopes trial. Bryan's victory in the Scopes trial was a fitting end to a principled, illustrious career.<ref> http://gi.grolier.com/presidents/ea/side/bryan.html</ref> Scopes never had to pay the fine - the judge had set the amount but Tennessee law at the time prohibited judges from setting fines over $50.
<blockquote>This terrible crime was inherent in his organism, and it came from some ancestor … Is any blame attached because somebody took [[Nietzsche|Nietzsche's]] [evolutionary] philosophy seriously and fashioned his life upon it? … It is hardly fair to hang a 19–year–old boy for the philosophy that was taught him at the university.</blockquote>
Malone responded for the defense in a speech that was universally considered the oratorical triumph of the trial. Arousing fears of "inquisitions," Malone argued that the Bible should be preserved in the realm of theology and morality and not put into a course of science. In his gale-force conclusion, Malone declared that Bryan's "duel to the death" against evolution should not be made one-sided by a court ruling that took away the chief witnesses for the defense. Malone promised that there would be no duel because "There is never a duel with the truth." The courtroom went wild when Malone finished and Scopes himself declared Malone's speech to be the dramatic highpoint of the entire trial and insisted that part of the reason Bryan wanted to go on the stand was to regain some of his tarnished glory.
On the sixth day of the trial the defense ran out of witnesses. The judge declared that all of the defense testimony on the Bible was irrelevant, and should not be presented to the jury (which had been excluded during the defense). He declared that the Bible in question was the official Bible of the State of Tennessee, and that this was the King James version. One of the defense attorneys, probably Darrow, asked "Where are we to find an expert on the Bible who is acceptable to the court?" Bryan interjected "I am an expert on the Bible." Thus Bryan volunteered to be a defense witness.