The courtroom received a facelift and all the walls were repainted. The courthouse lawn was crisscrossed by newly installed water pipes and privies had been hastily built to comfort the expected crowds. The outside of the courthouse had been covered with signs from fundamentalists. The judge s bench was newly stained with a dark cherry color.
The crowd gathered early Friday, July tenth for the beginning of the Scopes trial. People started filing into the Dayton courthouse two hours early. One hour later all the seats were full. Those attending were the local Tennesians with overalls, not the big spending tourists Dayton hoped to attract. Out of the estimated thirty thousand visitors, only five hundred stayed in Dayton. The majority of them were media, making the trial quickly become more of a media event than a spectator show.
At nine in the morning, case number 5232, Tennessee versus John Thomas Scopes was called to order. A local newspaper predicted, The people of Tennessee, the south, even of the world, will become more familiar with the theory of evolution than they ever were before (Ginger 100). Judge Raulston opened each day s proceedings with prayer, usually led by a fundamentalist minister. The defense argued that such activity established a mood in court that worked to their disadvantage. The defenses objection was logical but remained ignored. The first few days of the trial itself provided further evidence of the clash between opposing evolutionary and religious views.
Darrow s persuasive nature and talent for drama frequently guided the trial away from the careful examination of legal issues. Darrow remarked early in the trial, Here we find today, [the statute] as brazen and as a bold attempt to destroy learning as was ever made in the Middle Ages. The only difference is we have not provided that they shall be burned at the stake. But, there is time for that, Your Honor; we have to approach these things gradually (Webb 87). The Butler Bill remained the primary issue for the defense. By the opening of the trial, the defense had three arguments supporting that the Butler Bill was unconstitutional. The defense argued the bill violated the separation of church and state by attempting to combine Protestant fundamentalism and state funded education. In an informal survey conducted during the trial, 85% of the persons attending Dayton churches professed to believe the Bible literally (Summer 93).
To emphasize this, the defense planned to have several carefully selected scientists testify that Genesis and evolution do not contend with each other. The prosecution planned to counter act with the defense by producing a group of prestigious reverends. This idea was marred since numerous reverends declined William Jennings Bryan s offer. Due to many reverends withdrawing, Bryan and the prosecution argued forcefully against admitting expert testimonies. Judge Raulston decided to exclude the expert testimony on July sixteenth since only the teaching of human descent was the issue not the lack of conflict between evolution and Genesis. Furthermore, Human descent had been defined in the Butler bill straightforward and understandable to all.
The Scopes trial lasted only eight days. Less than half a day was allocated to the witnesses. Darrow manhandled Bryan throughout the trial. Bryan felt humiliated but he knew it was solely legal reasoning at its best. This would allow for a stronghold to appeal to the higher courts. Several days into the trial Bryan was an exhausted and broken man. Towards the end of the trial, Darrow commented, This case can only be settled by higher courts, and it cannot get to a higher court unless you bring in a verdict (Ginger 177). Darrow and the defense did not want a split decision because that would slow down the appeal process.
Despite the constitutional soundness of the Butler bill, the conviction of John Thomas Scopes was inevitable. Judge Raulston imposed a minimum fine of one hundred dollars. Scopes spoke briefly at the time of sentencing by claiming the anti-evolution statute was unjust and he pledged to continue fighting it in the name of academic freedom. Following, the counsel took turns thanking the court and the community. The prosecution and Judge Raulston were satisfied with the trial but Darrow was unsettled. Darrow blamed everything on the religious nature of the prosecution. A local minister then gave the benediction and the Scopes trial was adjourned.
In the trials immediate aftermath, both the prosecution and the defense found reasons to celebrate. The prosecution claimed a legal victory while the defense claimed a moral one. The media wrote, We saw an attempted duel between science and religion at Dayton but both sides lost ground (Summer 202). Dayton returned too normal. Every indication is that Dayton is back where it was before the trial began, a sleepy little town among the hills (Summer 200). Darrow found great pleasure debating with the ideas of Bryan so he pursued a life of debate. William Jennings Bryan died five days after the trial, due to apoplexy. Some assumed that the stress of the case caused the attack while many blamed Darrow personally. Governor Peay made Bryan s death official by proclaiming it a holiday.
Elder, Gregory P. Chronic Vigour. Lanham: University 1966.
English clergymen have first encounters with the ideas of Charles Darwin. These ideas challenged their faith and traditional teachings of the churches they served. The question of evolution remained wide open as clergy and scientists rallied on both sides of the issue.
Ginger, Ray. Six Days or Forever? London: Oxford 1958.
Tennessee legislator, John Washington Butler imposed a law to prohibit the teaching of evolution in public schools. John Thomas Scopes challenges the state of Tennessee over the teaching of Darwinism. This conflict leads to a great division between both parties.
La Follette, Marcel C. Creationism, Science, and the Law. Cambridege: MIT Press 1983.Represents many of the attorneys and witnesses on the Mclean versus Arkansas trial. Also compares and contrasts with the Scopes trial which occurred many years before.
Larson, Edward J. Summer for the Gods. New York: BasicBooks 1997.
Edward Larson examines the many views the Scopes trial and shows how its enduring legacy has crossed religious, cultural, educational, and political lines. The Scopes trial helped shape the development of both popular religion and constitutional law in America.
Larson, Edward J. Trial and Error. New York: Oxford University 1985.
Raises questions about the legal rights and restrictions that have been applied to the teaching of evolution and creation in public schools. Outlines the anti-evolution crusade during the 1920s. Also presents a possible idea in which evolution and religion can co-exist.
National Academy of Sciences. Teaching About Evolution and the Nature of Science.Washington D.C. 1998.
The teaching of science in the nation s public schools is often marred because many students receive little or no exposure to biological evolution. This has contributed to widespread misconceptions about creationism and biological understanding.
Webb, George Ernest. The Evolution Controversy in America. University Press of
Kentucky 1994.Focuses on the public campaigns of the anti-evolution movement. Also shows Americans lack of knowledge of the meaning of evolution during the 1920 s. Makes a strong attempt to help us understand modern science.