The Scopes Trial
Upon hearing of the Butler Law, which prohibited the teaching of evolutionary theory in Tennessee’s public schools, the American Civil Liberties Union (ACLU) in New York, a union that defends constitutional freedoms, sought to test the constitutionality of the law. It advertised in Tennessee newspapers for a teacher willing to challenge the law and offered to pay all trial expenses.
George Rappleyea, a Rhea County businessman and evolutionist, saw the ACLU’s advertisement. He knew that such a test case would attract national attention, resulting in economic opportunities for the somewhat depressed Rhea County/Dayton area. Rappleyea spoke to other community leaders about the ACLU offer, and they agreed that a trial generating national attention would benefit the economy of Rhea County.
Rappleyea and the other town leaders summoned before them John Scopes, a 24 year-old science teacher and coach at the local high school who had substituted for the biology teacher during the last weeks of school. Scopes told the town leaders that, while substituting, he used a textbook entitled A Civic Biology, which contained evolutionary theory. The town leaders informed Scopes of the Butler Law and asked whether he would be willing to challenge the law. Scopes agreed, and within a short time, the town constable arrested him. Afterwards, Scopes, who was never jailed, returned to the tennis game from which he had been summoned.
Rappleyea sent a telegram to the ACLU informing them of Scopes’ arrest; other town leaders notified Tennessee newspapers. Reporters arrived in Dayton from all over the United States and the world. The Baltimore Sun sent H.L. Mencken, a famous columnist known for his cynicism and wit, to cover the trial. The Sun also offered to pay Scopes’ fine if he was found guilty.
Media focus on Scopes’ arrest attracted the attention of William Jennings Bryan, a three-time presidential candidate, great orator, and fundamentalist who volunteered to prosecute the case. When Clarence Darrow, agnostic and famous criminal attorney, learned that Bryan was involved in Scopes case, he volunteered to defend Scopes. He realized that the case was no longer about Scopes’ guilt or innocence; instead it was a battle between fundamentalism and freedom of thought. The trial began on July 10, 1925. The courtroom overflowed with spectators and reporters and radio microphones from WGN in Chicago. This event marked the first time a trial was covered by a radio broadcast.
Bryan and Darrow selected a jury that was composed of all white middle-aged men who were farmers, poorly educated, and church goers. After objections by Darrow to beginning each day’s proceedings with a prayer, the prosecution began its case and quickly established that Scopes broke the law by teaching evolution in a public classroom. The defense had prepared its case around the testimony of expert witnesses on science and evolutionary theory. The judge, however, ruled the experts’ testimony inadmissible. Most of the reporters, including H.L. Mencken, considered the trial to be over except for closing arguments, which would take place the following Monday. Assuming that the closing arguments would be uneventful, they left Dayton and missed the “battle of the century.”
On Monday, when the trial resumed, Darrow switched his tactics. Instead of experts on evolutionary theory and science, he called an expert on the Bible to the stand—prosecuting attorney, William Jennings Bryan. Assuming that he would have an opportunity to cross-examine Darrow, Bryan cooperatively took the stand. In his questioning, Darrow sought to portray Bryan as an ignorant bigot and, in fact, got Bryan to admit that he did not interpret the Bible literally, a basic tenet of fundamentalism. At this admission, the spectators’ support swayed to Darrow’s side, and the judge halted the questioning.
The following day, the judge ordered that Bryan’s testimony be stricken from the record as irrelevant to Scopes’ guilt or innocence. To prevent Bryan from giving a closing speech, Darrow requested that the jury find Scopes guilty, which it did in fewer than ten minutes of deliberation. Bryan won the trial, but Darrow and Scopes won a moral victory. Five days after the conclusion of the trial, Bryan died in his sleep.
The judge fined Scopes $100; however, because the conviction was eventually overturned on a technicality, Scopes did not have to pay the fine. Despite the expectations of the combatants, the trial did not address the constitutionality of the Butler Act, which remained a state law in Tennessee until its repeal in 1967.
