[Author's Note/Update: Thanks to Vance Maverick for the link to the above vid.]
On this day in 1925, Judge John Raulston handed down a guilty verdict in the case of Tennessee v. John Scopes, known at the time and ever since as the Monkey Trial.
The trouble began early in the spring of that year, when Tennessee’s progressive governor, Austin Peay, abandoned his better judgment in a fit of political expedience and signed a new anti-evolution law. The so-called Butler Law made it
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.
Almost immediately, the American Civil Liberties Union began looking for a teacher willing to challenge the law. But it wasn’t until a group of boosters in the small town of Dayton decided that any publicity would be good publicity for their burg that John Scopes, a part-time science teacher, agreed to bring evolution into his classroom. He later explained that, “the best time to scotch the snake is when it starts to wiggle.” Although the details of Scopes’s transgression remained sketchy, local authorities, likely in on the game, happily arrested him. Whereupon Judge Raulston put his thumb on the scales of justice, encouraging the members of the grand jury to indict Scopes. When they complied, Dayton had its controversy.
And then things got interesting. George Rappalyea, who had cooked up the idea of the publicity stunt, hoped that H.G. Wells, “in the interest of science,” would lead Scopes’s defense. But Wells demurred, and Clarence Darrow, among the nation’s most famous lawyers and a passionate agnostic, volunteered instead. William Jennings Bryan, three-time failed presidential candidate and a former secretary of state, faced off against Darrow. The Monkey Trial would turn into a circus.
As nearly a thousand people jammed into the Rhea County Court House on July 10, downtown Dayton’s Main Street, festooned with banners celebrating the big event, hosted vendors hawking lemonade, fundamentalists passing out copies of T.T. Martin’s Hell and the High Schools, and chimpanzees performing carnival tricks. Despite Darrow’s opposition, Judge Raulston, flanked by two police officers who kept the air circulating around him, began the trial with a prayer. After jury selection — twelve men, eleven of whom regularly attended church — Raulston adjourned for the weekend. That Sunday, William Jennings Bryan delivered the sermon at Dayton’s Methodist Church. Judge Raulston listened from a front pew.
The following week, both the prosecution and defense cast the trial as a titanic struggle between the forces of light and darkness. Bryan insisted, “if evolution wins, Christianity goes.” Darrow countered, “Scopes isn’t on trial; civilization is on trial.” Bryan’s case was simple: Scopes had violated Tennessee law by using a biology textbook in which evolutionary theory figured prominently. Darrow, by contrast, hoped to turn the proceedings into a rigorous biology seminar for the nation. He relied on expert testimony from Dr. Maynard Metcalf, a zoologist from Johns Hopkins, to make his case. Although Judge Raulston initially allowed Metcalf to take the stand, he later ruled the scientist’s testimony inadmissible. Darrow, infuriated, expressed frustration over the ruling, prompting Raulston to ask, “I hope you do not mean to reflect upon the court?” Darrow then quipped: “Well, your honor has the right to hope.” Raulston had the last word, holding Darrow in contempt — until Darrow apologized for his intemperate remark.
The trial reached its peak on the seventh day, when nobody rested. The defense called Bryan to the stand to testify as an expert on the Bible. Darrow asked Bryan a series of pointed questions designed to test the limits of biblical literalism: on the whale consuming Jonah, on Noah and the flood, and, finally, on the creation story. Bryan, who initially stated that “everything in the Bible should be accepted as it is given there,” later allowed that there might be a bit of wiggle-room in the revealed word of God. Darrow pounced, subjecting the witness to a withering interrogation. A flustered Bryan admitted, “I do not think about things I don’t think about.” Finally, after a particularly heated exchange — in which Darrow dismissed Bryan’s “fool ideas that no intelligent Christian on earth believes” — Judge Raulston adjourned the court. The next day, he struck Bryan’s testimony from the record.
The Times noted: “The end of the trial came as unexpectedly as everything else in this trial, in which nothing has happened according to schedule except the opening of court each morning with prayer.” Darrow asked the jury to return a guilty verdict so the case might be appealed to the Tennessee Supreme Court. In doing so, he denied Bryan a chance to offer his closing argument, stealing the great orator’s thunder again. And so, on this day in 1925, the jury agreed to do as Darrow had asked, and Judge Raulston fined John Scopes $100, pronouncing the sentence, the Times reported, before asking if Scopes had anything to say on his own behalf.
“Oh,” exclaimed Judge Raulston, “Have you anything to say, Mr. Scopes, as to why the Court should not impose punishment on you?”
Mr. Scopes, who is hardly more than a boy and whose pleasant demeanor and modest bearing have won him many friends since this case started, was nervous. His voice trembled a little as he folded his arms and said:
“Your Honor, I feel that I have been convicted of violating an unjust statute. I will continue in the future, as I have in the past, to oppose the law in any way that I can. Any other action would be in violation of by [sic?] idea of academic freedom, that is, to teach the truth as guaranteed in our Constitution, of personal and religious freedom. I think the fine is unjust.”
A week after the trial, William Jennings Bryan died. And a year after that, the Tennessee Supreme Court reversed the ruling in the Scopes case — though the reversal hinged on a technicality, not Constitutional grounds. In its dismissal, the Court noted: “Nothing is to be gained by prolonging the life of this bizarre case.”


25 comments
July 21, 2008 at 9:24 pm
Vance Maverick
Nothing is to be gained by prolonging the life of this bizarre case.
Well, they had a point with respect to this specific case (I hadn’t realized quite what a mess it was) but the issue has hardly died away, has it. (Probably your point — just playing straight man here.)
As for your [sic?], the Monkey Trial site gives “my” for “by”.
July 21, 2008 at 9:26 pm
ari
But the Times has it as “by.” And I always go with the original when I can. Unless you think I should change it? Also, yes, that was my point: end with irony. Alas, my light touch seems to have abandoned me on my lengthy travels. Perhaps I need to spend more time in the company of claymation penguins. But sometimes they’re scary!
July 21, 2008 at 9:26 pm
L
And yet “this bizarre case” has done nothing but live on, according to Edward Larson’s Summer for the Gods.
July 21, 2008 at 9:27 pm
L
Just call me the redundancy queen of redundancy.
July 21, 2008 at 9:28 pm
ari
Y’know, First Bull Run happened on this day in 1861. Maybe I should have done that. At least I know something about it. It just seemed too…easy.
July 21, 2008 at 9:29 pm
ari
Edward Larson’s Summer for the Gods
From which I stole almost the entire post. Thanks for outing me.
July 21, 2008 at 9:35 pm
L
My deepest apologies. At least you steal good stuff.
July 21, 2008 at 9:36 pm
ari
What’s the point of stealing bad stuff? Then you’re stuck with bad stuff. I steal only the very best. That’s how I roll.
July 21, 2008 at 9:39 pm
Vance Maverick
Far be it from me to suggest the Times could have nodded.
And you don’t need Larson to know the case keeps stumbling on, undead, through the vast shopping mall of the American spirit.
So what happened at First Bull Run?
July 21, 2008 at 9:42 pm
ari
So what happened at First Bull Run?
Tune in on this day next year. Or, since you’re a regular: the bad guys won; a bunch of spectators watched, aghast, as it turned out that war’s pretty horrible; and the Union went back to the drawing board. Oh, and Little Tommy Jackson got his nickname.
July 21, 2008 at 9:49 pm
Vance Maverick
this day next year
The most cheering words I’ve read all day.
July 21, 2008 at 9:50 pm
ari
We’ll all be riding ponies then, won’t we?
July 21, 2008 at 9:54 pm
Vance Maverick
Or: “On this day in 2008, EotAW put up a post without a Youtube link.”
July 21, 2008 at 10:03 pm
ari
On this day in 2008, EotAW put up a post without a Youtube link.”
Not for long, my friend. The Murrow voiceover is too good to resist.
July 22, 2008 at 8:19 am
ollie
A few remarks:
1. On the way back from a mathematics conference, I visited Dayton, Tennessee (back in 1993). They had a display at the courthouse; the Bryan one was kept up and the Darrow one was dilapidated.
2. The textbook that Scopes had used, Hunter’s Civic Biology, was full of obnoxious scientific crackpottery.
Here is one example.
Check out the final paragraph of the page: not only does the book get the classification of races wrong, but it asserts that the “highest race” is the “Caucasians”.
Heck, *I* would protest if someone were to use this book in my kids class. :)
The other thing to note is that Bryan wasn’t opposed to an old earth or to even animal evolution. He was mostly concerned that acceptance of human evolution would lead to social Darwinism.
July 22, 2008 at 8:35 am
TF Smith
We need more of these, I think:
“…a passionate agnostic.”
Ingersoll?
July 22, 2008 at 8:36 am
Videos: Speedwalking and Mr. T and Darrow vs. Bryan « blueollie
[...] Note: the right calf/behind the knee area is still sore/tender Videos Edge of the American West has a short blurb on the Scopes Monkey Trail. [...]
July 22, 2008 at 10:47 am
TF Smith
Congruence:
http://campaignstops.blogs.nytimes.com/2008/07/21/the-legend-of-a-heretic/index.html
July 25, 2008 at 10:22 pm
andrew
I’m way late to this thread, so I won’t even phrase this comment as a question, but I find myself wondering if there was a parallel legislative campaign to repeal the anti-evolution education law to go along with the legal strategy.
July 25, 2008 at 10:25 pm
ari
You mean in Tennessee? If so, there were plenty of people, including Governor Peay, who viewed the law as an embarrassment. But Peay needed the support of rural legislators to push his agenda. And rural legislators, apparently, were mostly anti-evolution — as well as the majority in the state government. But really, I’m no expert on Tennessee; I’ve just read a couple of books about the Scopes case.
Regardless, thanks for the comment. It seemed like this post just died. And that made me sad. I worked harder on it than most. Sad, really. Me, I mean, not the fate of the post.
July 26, 2008 at 7:01 pm
andrew
Yes, I meant in TN. I was just thinking about whether this parallels the more recent criticism as being too focused on legal strategies and not focused enough on working through legislative branches.
It seemed like this post just died.
The election, somewhat understandably, seems to be overwhelming some of these historical threads lately.
July 26, 2008 at 7:02 pm
andrew
I forgot a key detail in that comment: “the more recent criticism of liberalism as…”
July 27, 2008 at 6:59 pm
blueollie
Well, this non-historian will chime in once again.
This was somewhat different that the newer strategies: the idea here was to make the teaching of evolution illegal.
What came later (Arkansas, Louisiana, Kansas) were the “equal time movements” (if you teach one, you have to teach both) and now the “well, we should be able to teach ID as a science” movement.
Note that one of McCain’s potential VP picks (Jindal, who has ruled himself out, supposedly) wants ID to be taught along with evolution, and yet another (Huckabee) is a creationist.
Sigh…
August 8, 2008 at 10:42 am
Early Modern Notes » Recently noted around the web
[...] “I do not think about things I don’t think about.” « The Edge of the America… the 'Monkey' trial [...]
February 4, 2009 at 7:26 am
Phil Ashworth
Bryan’s comment “I do not think about things I don’t think about.” was given when he was asked whether he ever thought about the age of the rocks. When he said that he didn’t think about their age, Darrow asked why not.
Whether or not this was a “flustered admission”, it seems a fitting, perhaps brilliant retort to what was really a trick question to which no one can give answer, flustered or not.
Perhaps we’ve watched “Inherit the Wind” too many times for reasons that we haven’t thought about. Until now!