The 1925 Scopes Trial: Contemporary Impact

In January 1925, Tennessee State Representative John Butler introduced legislation to the State House of Representatives that would ban the teaching of any theory of man's origins that denied the Bible and taught that man descended from animals. The Butler bill was passed in both the TN House of Representatives and the TN Senate and became law by end of March. By May, the ACLU was looking for a 'friendly' test case to challenge the law. Discovering this, a group of businessmen in Dayton, TN, saw it as an opportunity to bring publicity to the town and help the economy. They convinced local H.S. coach and substitute science teacher John Scopes to participate as the defendant (even though he wasn't sure that he'd ever taught evolution). In short order, William Jennings Bryan agreed to join the prosecution, and attorneys Clarence Darrow and Dudley Field Malone agreed to defend Scopes. On May 25, Scopes was officially indicted and the following month was spent preparing the town for an event that would capture national interest. Obviously, the Scopes Trial had far-reaching legal and societal consequences, but this page will focus on the immediate contemporary influences and impressions.

July 6: An attorney for Scopes petitioned to have the trial moved to a Federal Court. That petition was denied.

July 7: Bryan delivers a speech in Dayton indicating a larger plan to take the legal battle up the courts all the way to the Supreme Court, with the intention of adding a constitutional amendment.

July 8: In response to Bryan's speech, the defense team notes that they will not argue the validity of evolution, but rather that the anti-evolution law transcended the limits of the Tennessee legislature.

July 10: Judge John T. Raulston opened the crowded Rhea County courthouse proceedings and asked a local minister to start with a prayer. (Each day a different minister would open proceedings with a prayer.) Photographers were given a chance to take photos for the papers, and then grand jury selection began. This jury was given the task of re-indicting Scopes, as there was a technical issue with the original indictment. Jurors were unhappy about this, as this day's work meant they were barred from serving jury duty at the main event. Food vendors fill up the vacant lots, selling 'monkey pop' and 'hot monkeys' (hot dogs).

Monday, July 13: Defense attorneys called upon the court to dismiss the indictment, with Darrow calling the anti-evolution law bigoted and intolerant (for fundamentalists, he said, "it is a crime to know more than we do"). Prosecutors defended the law, noting that if the State thought that teaching evolution was harmful to the morals of children in the state, it had a right to prohibit it. Court was then adjourned for the day. Permits for public speaking were cancelled due to acrimonious feelings around town. One local congregation ousted its minister when he attempted to bring in a 'modern' preacher to discuss evolution.

Tuesday, July 14: Judge Raulston delayed ruling on the bid to dismiss the indictment, as the stenographer hadn't finished typing up his ruling. Darrow made a formal objection to court proceedings being opened in prayer; after debate, the judge ruled that it was at his discretion and that the prayers would continue; his courtroom had always opened with prayer and would not affect his ruling. Darrow asked that an objection be noted each morning after such prayers.

Wednesday, July 15: Judge Raulston overruled the bid to quash the indictment, which vindicated the prosecution's view that the law was constitutional. The judge read his 5,000 word opinion to the court, while a policeman fanned him and 'defense counsel drank a round of soda pop.' (The summer heat and crowded courtroom forced most of the lawyers to appear in their shirt sleeves.) In the afternoon session, a 'not guilty' plea was entered for Scopes and the jury was sworn in. The prosecution questioned the school superintendent and a couple of students to show that Scopes had taught evolution, and rested its case. (There's a story suggesting that Scopes was hustled into a car at some point with some students to read them the section in their school book about evolution, so that the students wouldn't perjure themselves.) The defense questioned its first expert witness, a scientist, Maynard Metcalf, who confirmed that evolution was recognized as a prominent theory by scientists.

Thursday, July 16: 'Standees' were barred from the courtroom from this point forward, to allow air to circulate and due to concerns about the courtroom's infrastructure. (The judge also asked public attendees to stop applauding the attorneys, as he was concerned about the vibrations.) Electric fans were provided for the jury. Prosecutors wanted to bar further scientists from giving testimony, as they didn't consider it relevant to the point being argued, so Darrow began arguments to be allowed to include such testimony (quite a few scientists had volunteered and shown up in town): "We expect to show, by scientists and real scholars of the Bible, first, what evolution is, and second, that by any interpretation educated men can show that evolution is not in conflict with the Bible." The defense also argued that 'Bible' was a vague term; when the prosecution proffered a KJV Bible, defense pointed out that there were 'literally scores of different versions, and the State would have to establish exactly what is the Bible.'

Friday, July 17: Judge Raulston ruled to exclude scientific testimony about evolution and the Bible, noting that the law's description was adequate ('and to teach instead that man is descended from lower animals'). The defense's attempt to have expert witness testimony added to inform the court (to make a record for the Appellate court) also received pushback from the prosecution, as defense didn't wish to allow cross-examination. The judge noted that the defense could submit witness statements to the record in the form of affidavits, but that if experts were called to the stand, prosecutors would be allowed to cross-examine. Darrow made clear his annoyance with the judge.

Monday, July 20: Judge Raulston cites Clarence Darrow for contempt of court due to his behavior on Friday. Darrow apologizes, the citation is withdrawn, and Raulston and Darrow shake hands. While the jury was excluded from the room, witness statements from scientists and theologians were read for the defense. Liberal theologian Shailer Mathews was one, submitting a 3-page telegram that included, 'The Book of Genesis is not intended as a biology text book.' After the morning session, the trial was reconvened on the courthouse lawn due to continued safety concerns. Darrow called Bryan to the stand as an 'expert witness' on the Bible, which set up a barrage of questions and passionate responses from the two. (The jury was still excluded, as it was simply for the record of appeal, but the crowd of onlookers enjoyed it; most took Bryan's side.)

Tuesday, July 21: Bryan expected to be able to be able to return the favor with Darrow, but the judge ruled that Bryan's testimony had not brought anything relevant to the trial and expunged it from the record. (The crowd was disappointed that the 'climax' of the trial wouldn't be given.) Darrow asked that the jury be brought in to return a verdict. The jury took nine minutes to decide that Scopes was guilty of the charge against him. Scopes was fined $100, and bail for $500 was set pending appeal to the Tennessee supreme court (the latter then paid by the Baltimore Sun).

William Jennings Bryan was exhausted after the trial, but in the following week he managed to speak several times and finish writing up for publication the speech he had planned to give during closing remarks at the trial. He made plans to meet with local residents to discuss the formation of Bryan College. He was also involved in an accident, being hit by a car.

Sunday, July 25: Bryan lay down for a nap, and never woke up. It may have been a cerebral hemorrhage, a heart attack, or related to his diabetes. The stress of the trial (and the heat) certainly contributed to it.

July 31: Bryan is buried at Arlington National Cemetery.

January 15, 1927: The Tennessee Supreme Court rules that the Butler bill is constitutional, but overturns the Scopes verdict on a technicality. (There is contention that Judge Raulston deliberately set up the verdict for just such a ruling.)

May 17, 1967: Tennessee repeals the Butler anti-evolution law.

The Scopes Trial was not about evolution vs creationism. Modern creationism played no part in this episode; William Jennings Bryan really knew nothing about what Christian scientists had discussed and debated on the topic (even at that early period). Bryan's stance was simply anti-evolutionism. (He even admitted under Darrow's examination that he couldn't be certain about the length of time for each of the days of Creation.)

As one of several volleys by anti-evolutionists during the early 1900s, both defense and prosecution treated the Scopes Trial as an important battle, though both expected it to move to higher courts. For Dayton, and much of the general public, however, it was little more than a publicity stunt; very few people recognized the foundational arguments, for better or worse, that would go on to form public policy. Either evolution was a fact and fully compatible with the Bible (despite the often specious arguments given), or the Bible was true, but only from a narrow fundamentalist perspective (with little thought given to proper exegesis and reasonable differences in interpretation).

As such, opportunity was lost here to engage at the political level an understanding of the different worldviews between religion and secularism. It wasn't long before 'the bigotry and intolerance of fundamentalism' that Darrow despised, was replaced by the bigotry and intolerance of secularism.

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zoocreation

The 1925 Scopes Trial

Contemporary Impact

SAN FRANCISCO EXAMINER, JULY 19, 1925

SPOKANE CHRONICLE, JULY 15, 1925

The Set Up

ottawa citizen, july 9, 1925

A visit to the old Dayton, tn, courthouse in July 2021

Pre-Trial Maneuvers

Minneapolis Star, July 9, 1925

Boston Globe, July 10, 1925

The Tennessean, July 10, 1925

Chillicothe Gazette, July 9, 1925

Miami News, July 10, 1925

Los Angeles Times, July 9, 1925

Chicago Tribune, July 9, 1925

Boston Globe, July 10, 1925

Johnson City Staff News, July 10, 1925

Evening Star, July 10, 1925

Johnson City Staff News, July 10, 1925

The Trial Starts

Spokesman Review, July 15, 1925

SPOKESMAN REVIEW, JULY 15, 1925

Evening Star, July 11, 1925

The Oklahoman, July 11, 1925

Des Moines Register, July 11, 1925

Honolulu Advertiser, July 11, 1925

Los Angeles Times, July 11, 1925

Miami News, July 11, 1925

Chicago Tribune, July 12, 1925

Evening Star, July 12, 1925

Chicago Tribune, July 13, 1925

Spokane Chronicle, July 13, 1925

Vancouver Province Sun, July 12, 1925

Miami News, July 13, 1925

baltimore sun, July 12, 1925

lancaster new era, july 9, 1925

The Trial Continues

Omaha Morning Bee, July 12, 1925

selma times journal, july 20, 1925

Marysville Appeal, July 16, 1925

Chicago Tribune, July 14, 1925

Evening Star, July 14, 1925

Idaho Daily Statesman, July 14, 1925

Los Angeles Times, July 14, 1925

Asheville Evening Times, July 15, 1925

Lancaster New Era, July 15, 1925

Des Moines Register, July 15, 1925

Los Angeles Times, July 15, 1925

Lancaster New Era, July 16, 1925

Minneapolis Star, July 16, 1925

raleigh news and observer, July 9, 1925

Minneapolis Star, july 13, 1925

Honolulu Advertiser, July 19, 1925

Baltimore Sun, July 19, 1925

Arizona Republican, July 17, 1925

Chicago Tribune, July 17, 1925

Evening Star, July 17, 1925

Akron Beacon Journal, July 17, 1925

Vancouver Province, July 17, 1925

Des Moines Register, July 18, 1925

Spokesman Review, July 18, 1925

Chicago Tribune, July 19, 1925

Evening Star, July 19, 1925

Los Angeles Times, July 19, 1925

Last days of the Trial

san francisco examiner, July 20, 1925

zanesville times record, july 27, 1925

San Francisco Examiner, July 22, 1925

Miami News, July 23, 1925

Des Moines Register, July 25, 1925

Daily Oklahoman, July 24, 1925

The Tennessean, July 23, 1925

Idaho Daily Statesman, July 23, 1925

Minneapolis Star, July 22, 1925

Baltimore Sun, July 21, 1925

Las Angeles Times, July 22, 1925

Des Moines Register, July 22, 1925

Chicago Tribune, July 20, 1925

Daily Oklahoman, July 20, 1925