Evolution
Encyclopedia Vol. 3
Chapter
30
THE SCOPES TRIAL
Introduction
"Posterity will marvel that so very flimsy and dubious an
hypothesis [Darwinism] could be accepted with the credulity that it
has. I think . . this age is one of the most credulous in history."
—Malcolm Muggeridge, The End of Christendom (15180), p. 59.
"Unfortunately for Darwin's future reputation, his life was
spent on the problem of evolution which is deductive by nature . . It
is absurd to expect that many facts will not always be irreconcilable
with any theory of evolution and, today, every one of his theories is
contradicted by facts." —*T. Mora, The Dogma of Evolution,
p. 194.
"Ultimately, the Darwinian theory of evolution is no more nor
less than the great cosmogenic myth of the twentieth century."
—*Michael Denton, Evolution: A Theory in Crisis (1985), p. 358.
"Darwinism is a creed not only with scientists committed to
document the all-purpose role of natural selection. It is a creed with
masses of people who have at best a vague notion of the mechanism of
evolution as proposed by Darwin, let alone as further complicated by
his successors." —*S. Jaki, Cosmos and Creator (1982).
"The irony is devastating. The main purpose of Darwinism was
to drive every last trace of an incredible God from biology. But the
theory replaces God with an even more incredible deity—omnipotent
chance." —*T. Rosazak, Unfinished Animal (1975), p. 10i-102.
"My attempts to demonstrate evolution by an experiment carried
on for more than 40 years have completely failed. At least I should
hardly be accused of having started from any preconceived
anti-evolutionary standpoint." —*H. Nilsson, Synthetic
Speciation, (1953), p. 31.
CHAPTER 30 - THE SCOPES TRIAL
BASIC ARRANGEMENT OF THIS CHAPTER
Introduction
The turning point in America
1 - Monday, May 4, 1925
2 - Tuesday, July 7, 1925
3 - Friday, July 10, 1925
4 - Monday, July 20, 1925
5 - Tuesday, July 21, 1925
6 - Consequences of the Dayton trial
7 - Alternate positions
Appendices
1 - Tricks at the trial
Study and review questions
Related studies: Chapter 33, Evolution and Society Chapter 34, Evolution and Education
"Come to Dayton and see the circus!"
called the boys. And they were right. The Great American Monkey Trial
was soon to begin. Laughter in the courtroom, ribaldry In the public
press, comic antics on the streets. And all about a barrel of monkey
ancestors.
But underneath, a carefully contrived plan was
befog worked out.
This is the story of the Scopes Trial the event
that changed the direction of the creation-evolution controversy in
America.
THE EUROPEAN BATTLE—*Charles Darwin (1809-1882)
did not have the temperament for public controversy, but he found an
able champion in a man who was a mediocre biologist, although an able
controversialist: *Thomas Henry Huxley (1825-1895).
Darwin called Huxley his "bulldog," and
Huxley did his job well. Truth does not need a bulldog; error always
does. Evolution can only win ground by placing atheists in key positions
in university, museum, and government departments, and then imposing
teacher and employment coercion. It seeks to obtain its objectives by
deceptive theories that have the semblance of truth, open ridicule of
enemies, the use of political pressure, and threats.
*Huxley fought the battle tirelessly in the lecture
halls of England, while *Ernst Haeckel (18391919) worked feverishly in
Germany, preparing fraudulent exhibits about embryos and ape skeletons
to help prove the unprovable in the lecture halls of Germany.
In one lecture debate with an Anglican bishop, Samuel
Wilberforce, Huxley concluded by declaring he would rather have an ape
for his grandparent, than a person like Wilberforce. That one brought
down the house and Huxley was the popular winner of the debate.
Another champion of the apes was *Herbert Spencer
(1820-1903), who applied evolution to human society, and who, along with
*Friedrich Nietzsche (1844-1900), helped lay the groundwork for Nazism
in the 20th century.
THE AMERICAN BATTLE—But it was (n the United
States, that the most dramatic confrontation of all occurred in 1925, in
a little town that no one had ever heard of before. That battle was the
watershed of evolution in America.
In Dayton it was discovered that ridicule was more
valuable than truth, and laughter better than science. From that day to
this, school districts, universities, politicians, and governments have
all feared to openly oppose evolutionary theory.
This is the story of the Tennessee Monkey Trial.
1 - MONDAY, MA Y 4, 1826
HOW IT BEGAN—George W. Rappleyea was a short
thin young metallurgical engineer from New York employed by the
Cumberland Coal and Iron Company in Dayton, Tennessee, a sleepy little
town 35 miles north of Chattanooga. Money was scarce and the local
economy needed a boost. On Monday, May 4, 1925, he picked up a copy of
the Chattanooga Times and noticed a paid ad by the *American Civil
Liberties Union (ACLU). They offered to pay the expenses of a teacher
willing to make a test case of the recently-passed Tennessee
anti-evolution law. Rappleyea saw in this an opportunity to bring some
money—perhaps even new industry—into town.
The ACLU was but one arm of a great movement to
atheize America. They had been looking for men that would help them
bring evolution into the courts. The peaceful citizens of Dayton,
Tennessee were soon to learn that their community was the one selected
for this purpose.
Walking through the town of Dayton that quiet spring
morning, Rappleyea went into F.E. Robinson's drugstore on the main
street of town, and began discussing the situation with him. Shortly
afterward John Thomas Scopes, 24 (19011970), a young high school
athletic coach, and Walter White, superintendent of schools, were called
in and the conversation became still more earnest.
The old-fashioned table where they sat that day is
still there in the drugstore. It now bears a plaque commemorating the
occasion. But as they talked, young Scopes was reluctant to go through
with what was suggested, for a surprising reason we will learn about
later.
Scopes finally agreed that morning in the drugstore
to be arrested, stand trial, and testify that he had taught evolution in
Dayton's Central High School after the date that the state
anti-evolution bill became law. This law forbade teaching in
tax-supported schools that human beings had evolved from lower forms of
life. Scopes later remarked about the origins of the trial: "It was
just a drugstore conversation that got past control." (Quoted in
Ray Ginger, Six Days or Forever [1958], p. 20).
"The plan was hatched May 5,1925. the chairman of the
Rhea County School Board, Fred E. Robinson, was the owner of
Robinson's Drug Store, the social center for Dayton. Present at the
meeting that day were Robinson; Brady, who ran the town's other drug
store; Sue Hicks, the town's leading lawyer, who supported the Butler
law; another attorney; a store clerk; and George Rappeleyea, a
vigorous opponent of the Butler law. John Scopes was invited to join
the group and was asked whether it was indeed true that he was
teaching evolution. He had filled in for the high school principal
during the latter's illness. The high school principal was the regular
biology teacher." —John W. Klotz, "Science and
Religion," in Studies in Creation (1985), pp. 47-48.
Summer and the tourist season was close at hand, so
the men realized they would have to work fast. Through frequent
telephone contacts with the ACLU office, they were instructed at each
step what to do next. The alleged reason why the ACLU was anxious to
bring this case into court was "because civil liberties were
threatened." Forthcoming events clearly revealed a more sinister
objective: to use courtroom ridicule and world-wide press jeering to
destroy confidence in the Bible and serve notice of warning on other:
who might henceforth oppose evolution—that their reputation would
likewise be devastated.
On Tuesday the 5th, young Scopes just happened to
saunter into Robinson's Drug Store, just before lawyers and town
officials decided to drop in also—and serve Scopes with a warrant.
Immediately Robinson telephoned the Chattanooga News saying,
"This is F.E. Robinson in Dayton. I am chairman of the school board
here. We've just arrested a man for teaching evolution!" Shortly
afterward, Rappelyea wired the American Civil Liberties Union and they
promised to assist in the defense of Scopes.
MAKING CONTACTS—Immediately, the ACLU sent out
invitations to leading figures in the nation to come help defend their
side. At the same time, the folk down in Dayton decided to contact
another, even more famous American: William Jennings Bryan (1860-1925),
former U.S. senator, three-time presidential candidate (1896,1900, and
1908), and Secretary of State under President Woodrow Wilson. Bryan said
he would help defend the State law, and head up the prosecution. Bryan
had been a capable statesman. While serving as Secretary of State under
Woodrow Wilson, Bryan had negotiated 30 treaties with foreign nations,
all of which except two had been ratified by the U.S. Senate.
The Tennessee State Attorney General, A.T. Steward,
agreed to help him. Bryan was glad to be of service, for it was a cause
he was deeply interested in. Yet at the same time he was somewhat
reluctant to serve as chief prosecutor, since he was older now and had
not tried any cases in 25 years.
On the other side, the well-known criminal lawyer,
*Clarence Darrow (1857-1938), gladly accepted the opportunity to defend
evolution. He had been the attorney in several highly publicized trials,
and had recently concluded the notorious
1924 Leopold and Loeb trial in Chicago, in which he
defended two young University of Chicago students who had been involved
in a peculiar "thrill" murder of a young student, Bobby
Franks.
In addition, other influential men stepped forward to
aid the defense. According to some reports, all offered their services
free, but according to others, the ACLU paid the expenses of Darrow, the
other defense attorneys, and their counselors. These included *Dudley
Field Malone, *Arthur Garfield Hays, and *Dr. John R. Neal.
"As Scopes said later, 'The American Civil
Liberties Union held the purse strings" and therefore controlled
policy. He said the ACLU paid his bill of $327.77, but according to a
news item in Science, "The $10,000 needed to finance the defense
was raised chiefly through an appeal to members of the American
Association for the Advancement of Science" [Science, July 1,
1955, p. 23]. Thus, although the affair came into being because the
ACLU promised financial support and on this basis determined policy,
it did not pay the bill, even though the lawyers offered their
services gratis." —Donald W. Patten, "The Scopes Trial,
" in Symposium on Creation III (1971), p. 106.
In a later letter Malone, a New York attorney, wrote
to Scopes:
"Mr. Darrow was in New York conferring with me
on a law case when we read of Mr. Bryan's offer to help the
prosecution in your case. We felt that . . the issues involved are
beyond the boundaries of Tennessee and we thought that assistance from
men such as ourselves would be helpful in emphasizing the national
interests which are involved." —*Dudley Field Malone, letter
to John T. Scopes.
PLANS AND ACTIVITIES— *H.L. Menken, a
well-known atheistic journalist, later remarked that he told Darrow to
get down there, and he advised him: "Make a fool out of
Bryan."
Not science, not education would be the issue; but to
make a fool of Bryan, Tennessee State, the Bible, and Christians in
general.
From this point onward, the ACLU worked closely to
insure success in every way. They were determined to orchestrate this
into the biggest summer show in the nation, knowing well it would bring
reverberations in favor of evolutionists for decades to come.
Bryan had earlier given his support to the Tennessee
law that was now being challenged. According to the wording given to the
Tennessee Anti-Evolution Law by Representative J.W. Butler, it was
". . unlawful for any teacher in any of the Universities, Normals,
and all other public schools of the State which are supported in whole a
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."
There is a story behind that law. John W. Butler, one
of the Tennessee State legislators, was deeply concerned when his
daughters, on their return from study at a university, were found to be
irreligious. They had enrolled as earnest Christians; and returned as
little better than atheists. Butler was shocked. Conversations with them
revealed they had been deeply influenced by evolutionary teachings at
the university.
Butler then suggested that the State legislature
forbid the teaching of evolution in Tennessee State schools. He and
other legislators conferred with Bryan, a Presbyterian, who fully agreed
with their concerns, but cautioned them not to include a penalty in the
proposed law. But when the law was drawn up, it included a penalty for
infringement, although not one that was clearly stated.
Hearing of the forthcoming trial, the local
newspapers in and near Dayton gladly got involved, and did everything
they could to proclaim the news far and wide. Actually, it was the
public press of America, naively or otherwise, cooperating with the
objectives of the New York lawyers and the ACLU, that swelled the Scopes
Trial to national and international prominence. Men would dream up
schemes, work angles, and suggest plots, and the reporters would
report them whether or not they were true or actually happened!
DEEPENING THE INTEREST—Learning about the
growing excitement up in Rhea County, the city of Chattanooga, 40 miles
south of Dayton, attempted to get the trial transferred to their
Memorial Auditorium, and when that plan failed they tried to set up. an
alternate test case with a Chattanooga teacher.
Up in Dayton, it was clear they would have to work
fast, so they called Scopes home from vacation in Kentucky, and, instead
of waiting till August, convened a hurried special meeting of the grand
jury. The ACLU could see that Dayton would ultimately be the trial
location and, to build the excitement to a fever pitch, an extra
promotional help was suggested. Accordingly, the local trial promoters
in Dayton called for a protest meeting to heighten public interest.
At that protest meeting, the short little Rappleyea
stood up in defense of evolution (who later said he had always been a
creationist), and by prearrangement, large Thurlow Reed, whose shop was
across the street from Robinson's Drug Store, was to start a fight when
Rappleyea said these words: "There are more monkeys here in Dayton
than there are in the Chattanooga zoo!" At those words, Reed rose
to his feet and strode toward him, shouting as he went, "You can't
call my ancestors monkeys!" and began a tussle with Rappleyea, that
fooled everyone in the audience and caused a sensation in the public
press.
2 - Tuesday, JULY 7, 1925
GETTING THE TOWN READY—July was hot that
year in Dayton, Tennessee. Sheltered by a mountain range from the
westerly winds, the little town felt stifling on Tuesday, July 7, 1925,
as shopkeepers put up signs, venders set up booths, and townspeople
tried to adjust to the growing excitement and figure out how they should
relate to it.
The old Rhea County Courthouse, sitting sedately in
the middle of the town square, was swept and cleaned thoroughly, while
construction work proceeded on grandstands outside.
But things were also livening up elsewhere in town.
An evangelist, T.T. Martin, walked around lecturing on street corners
and selling copies of his books, Hell in the High Schools, and God—Or
Gorilla. On a nearby corner, a man with Bible verses attached to his
body, shouted to passersby. The one hotel in town was quickly sold out,
and local folk put up room-for-rent signs on their houses.
That Tuesday afternoon the town emptied out and
everyone flocked to the railroad station as the train carrying Williams
Jennings Bryan arrived in town. Stepping off the train, he shook the
hand of young Scopes. At a banquet that evening in his honor, amid
cheers Bryan said, "If evolution wins, Christianity loses."
SAMPLING THE MAIL—The post office had to put on
extra help to handle the thousands of pieces of mail pouring in
addressed to Scopes, Bryan, and Darrow. As you might expect, Scopes got
the most.
One person wired: "Have found the missing link.
Please wire instructions immediately." Several women wrote Scopes
and proposed marriage, and a worker at a Mississippi insane asylum asked
him for advice:
"I think a dozen monkeys would be splendid entertainment for
the inmates here. Which monkeys are the best and where can I get
them?"
FINE-TUNING THE STATELY—The Smithsonian
Institution offered advice, and in the process revealed its objectives.
They told Scopes and his attorneys to avoid the word "theory,"
but to call evolution a "fact" or a "law."
" . . [make sure that] the wont 'theory' [be] avoided
completely and that is be challenged systematically when used by the
prosecution. Its continued use by scientific men implies a doubt on
their part and is a chief refuge of fundamentalism." —*Jack Scopes, "The Man Who Put the
Monkey on Dayton's Back," in Chattanooga Life and Leisure, July
1989, p. 15. [Article by John Scopes' grandson]
The *ACLU Executive Planning Committee had done its
work well. Its members in 1925 Included future Supreme Court Justice
*Felix Frankfurter, socialist *Norman Thomas, Communist Party member
*Mrs. Elizabeth Gurley Flynn, *Roger Nash Baldwin, and *Arthur Garfield
Hays.
The ACLU had a field day with the press.
They sent their agents here and there, urging media
representatives from all over the nation to be present at the trial. it
was considered imperative that this event be given the widest publicity.
Radio technicians from the Chicago Tribune arrived in town and
began setting up equipment in the old courthouse—in order to broadcast
the trial proceedings. This was the first American court trial ever to
be aired by radio. It was broadcast nationally, and helped focus
worldwide attention on the proceedings that took place in this quiet
Tennessee town. No publicity stone was left unturned by the ACLU. At
about the same time, sixty-five (65!) telegraph operators
arrived in this little town that no one had ever heard of before,—and
began cabling more words before and during this trial to Europe and
Australia than those continents had ever received about any other event
in American history!
THE NEWS MEDIA ARRIVE—On July 8, famed trial
lawyer *Clarence Darrow arrived, followed by *H.L. Mencken, the
well-known journalist for the Baltimore Sun, who quickly
established a reputation as the most caustic anti-creation,
anti-religion writer at the trial. *Westbrook Pegler and *Joseph Wood
Krutch, two other famous news correspondents, also arrived. Along with
them came over 200 other newspaper men, some of them "unofficially
acting in behalf of the defense." During the trial, they sent off
over 2 million words, much of it highly biased.
Chicago radio station WGN brought down equipment to
Dayton and produced the first national broadcast of a trial in U.S.
history. No stone was left unturned to make this a mammoth news media
blitz in favor of evolutionary beliefs.
Many reporters brought with them office directives,
instructing them in advance how to play up the proceedings of the trial.
One reporter, when asked why he never bothered to go to the courthouse,
replied, "Oh, I don't have to know what's going on; I know what my
paper wants me to write." Most of the stories sent out were
anti-creationist in sentiment, and some were scathing attacks on Bryan,
Christianity, and Biblical beliefs.
*H.L. Mencken, in his articles, called Bryan
"the old buzzard," "a tinpot pope in the coca-cola
belt," and "the old mountebank [one who is deceitful or
unscrupulous]." Menken spent part of his time touring around town,
noting the strange characters brought in for the sidewalk extravaganzas
of apes and shouters, and writing sarcastic comments about the residents
("hillbillies," "Babbits," "yokels," and
"morons and peasants.")
There were those who believed that the ACLU sent down
the odd characters who walked about the streets of Dayton, babbling in
the guise of religious fanatics. No one recognized or knew where most of
them came from, and after the trial they quickly disappeared. What
private citizen would think of hauling in an expensive chimpanzee and
walking it about the streets of Dayton? One weekly magazine, the
pro-socialist New Republic, reported:
"As we go to press, he [Bryan] is still engaged in battling
earnestly for organized ignorance, superstition, and tyranny. . He has
illuminated vividly for the rest of us the essentially bigoted
position of himself and his followers, and the degree of religious
intolerance which they will undoubtedly enforce upon the country if
they ever get the chance." —New Republic, July 22, 1925, p.
219.
The ridicule of Darrow against the Bible, Christians,
and their beliefs was faithfully reported in the press and sent around
the world. The confusing definitions and atheistic sentiments were
broadcast everywhere. The liberal ministers that wrote and came to town
in defense of evolution had their words placed in print for all to read.
The carefully-contrived circus antics that were shipped into Dayton to
play on the streets were declared to be none other than the inevitable
result of Christianity carried to its conclusion.
The laws of the land prohibited slaying the
Christians on the streets, but it did not prohibit destroying them in
the public press.
Bryan had already been instrumental in getting
Congress to enact legislation on prohibition and woman suffrage, and
there were those who feared he might try to use Dayton as a springboard
to the presidency. It was known that, across the nation, there was a
groundswell of interest in national legislation forbidding evolutionary
teaching in the schools. In the early 1920s, 20 state legislatures were
introducing 36 measures restricting evolutionary teaching in the
schools. Obviously, Dayton was recognized as crucial.
THE GREAT AMERICAN SHOW—On Friday, July 10,
1925, the Scopes Trial was slated to begin. As the press and spectators
thronged the courthouse, they encountered Joe Mendi, the trained
chimpanzee; Deck Carter, "Bible Champion of the World;" and
Lewis Levi Johnson Marshall, "Absolute Ruler of the Entire World,
Without Military, Naval or Other Physical Force."
All part of the Dayton sideshow; sidewalk characters
thought to have been brought into town as part of the large-scale
misrepresentation of creationism. The evolutionists had no scientific
evidence to support their theory, but they had other methods which they
considered more effective in winning their battles.
Do not consider the sidewalk circus to be a little
matter. All that occurred in the courtroom or on the streets of Dayton
during the two weeks the reporters were In town was reported in minute
detail in a thousand newspapers across the continent and beyond the
oceans.
"Thousands of cartoons were printed, imported and sold locally
and in nearby towns depicting Bryant as a monkey, with the caption, '
He denies his lineage.' " —"The Scopes Trial," in
Symposium on Creation III (1971), p. 112; also see The Nation, July 8,
1925, p. 81.
"EXPERT WITNESSES"—Scientific experts
were brought hundreds of miles to testify, but their statements were not
accepted as evidence for the jury's hearing. The cavilers, the curious,
and men of learning throughout the world followed the proceedings with
intense interest. Critical responses came by mail from a wide range of
people, including *George Bernard Shaw, Edgar Lee Masters, and *Albert
Einstein.
For additional information, see the quotation supplement,
"Tricks at the Trial," in the appendix.
Several evolutionist ministers wrote or came to town
and offered their services as expert testimony that evolution should be
acceptable by Christianity.
After the trial started, *Dr. Charles F. Potter, the
liberal evolutionist pastor of the West Side Unitarian Church in New
York City, came to Dayton and presented a petition, with a collection of
names on it, to the court. The petition requested that, since the judge
refused to discontinue the prayer customary at the opening of
court—liberal and nonchristian churches should offer them. The judge
accepted this, and throughout the trial it was so done. That Potter gave
the first prayer was a subject of laughter back in New York, since he
was the one who earlier had erected a sensational statue in his church.
Entitled, The Chrysalis, it portrayed an adult human being emerging from
the skin of an ape.
"Two years before his final, fatal trip to his
beloved East African wilderness, Carl Akeley (18641926) created an
evolutionary sculpture for a church that caused a public sensation.
The bronze depicted a handsome 'modern' man emerging from a
cracked-open gorilla skin; he titled it The Chrysalis. .
"The piece was commissioned for New York's
West Side Unitarian Church, where it was on display for many years
(the church no longer exists). Creationists were outraged and publicly
criticized the Unitarians for placing it in their house of worship. The
Chrysalis became the focus of a spirited public controversy . .
"The Unitarian pastor, Charles Francis Potter,
was unperturbed by the fundamentalist tempest . . [and said] 'I know
of no concrete symbol which so well expresses the religious message
which I am trying to preach every Sunday.' " —*R. Milner,
Encyclopedia of Evolution (1990), p. 82.
Certain items of "scientific evidence of
evolution" were mentioned at the trial, whether or not formally
presented. This included Piltdown Man (announced to the world in
December 1912, and repudiated in the 1950s when the British Museum's
Kenneth Oakley devised a new method for determining whether ancient
bones were of the same age), but especially Nebraska Man was proclaimed.
The great Nebraska Man, discovered only three years before in Bryan's
home state, was exalted at the trial as the outstanding evidence that
man had evolved from an apelike creature.
"One of the most singular and embarrassing
incidents in the history of evolutionary science began in 1922, when a
solitary molar tooth was found in Nebraska. First-rank
paleontologists, anthropologists and anatomists examined the cusp
pattern, and all agreed with its discoverer that the tooth belonged to
an ancient ape-man: a 'missing link' of tremendous importance, to
which they gave the name Hesperopithecus a 'Western ape.'
"The tooth was certainly ancient; it was
embedded in million-year-old Pliocene deposits. But what else could be
said about it? For starters, English anatomist Sir Grafton Elliot
Smith and a museum artist collaborated to produce a painting of both
male and female Hesperopithecus for the Illustrated London News.
Their 'reconstruction' featured full figures of a well-muscled, ski
browed pair in a prehistoric landscape complete with early horses and
camels.
"Professor H.F. Osborn, head of the American
Museum of Natural History, welcomed the news. Antievolutionist
politician William Jennings Bryan was a Nebraskan, and Osborn rubbed
it in: 'The Earth spoke to Bryan from his own State,' he crowed, 'the
little tooth speaks volumes. . evidence of man's descent from the
ape.'
"In 1925, when John Scopes was tried for
breaking Tennessee's state law against teaching Charles Darwin's
theory of evolution in the public schools, the Hesperopithecus tooth
was introduced as evolutionary evidence, along with other fossils, of
early man [as] then accepted by science (including Piltdown, which was
later revealed as a fossil forgery).
"Two years after the 'Monkey Trial,' a team of
paleontologists returned to the Nebraska site where Hesperopithecus
had been discovered five years earlier, determined to find more of
this mysterious creature. To their joy, weathering had exposed parts
of a jaw and skeleton on the precise spot. Eagerly, they brushed away
dust and sand until the ancient fossil emerged to tell its truth—the
infamous molar had once belonged to an extinct pig!" —*A.
Milner. Encyclopedia of Evolution (1990). P. 322.
Several individuals offered to help Bryan at the
trial. One of these was the leading anti-evolution writer of the 1920s
and 1930s: George McCready Price. He contacted Bryan and offered to come
immediately to his aid. However, circumstances prevented him from
arriving in time.
JOHN SCOPES—The trial was about a science
teacher at the local high school, but Scopes was not a science teacher.
John Thomas Scopes was only 24 years old at the time
of the trial. He was the football coach over at Dayton's Central High.
He also taught a math class or two, and on one occasion in the spring of
1925 had substituted for two weeks while the regular science teacher was
sick. During the time that Scopes was in charge of the science class,
the evolution lesson was supposed to have been covered. But young
Scopes never had taught that lesson! He obviously told this fact to
Darrow, for Darrow made sure that Scopes never took the witness
stand—yet the entire world-publicized trial hung on the allegation
that he had taught that lesson! No statement was ever made by him in the
court trial as whether or not he had committed the violation. His arrest
was clearly based on a trumped-up charge. The basis of the trial was as
false as the evolutionary theories being defended.
Following the drugstore conversation, Scopes did not
go back to the high school and teach an evolution class, as is nearly
always stated when the trial story is told. (He was served the warrant
on May 5, and in the courtroom it was declared by his attorney that he
taught evolution to the biology class on April 24.) He merely agreed to
admit in court that he had taught evolution at the school earlier in the
school year, but after the date when the Butler bill was passed and
became law. There are records of five separate occasions in which Scopes
later stated that he never had taught evolution at the high school.
After the verdict had been handed down, Scopes
confessed the arrangement to William K. Hutchinson of International News
Service, who promised to keep quiet. Years later, L. Sprague de Camp
wrote it up in a book:
"[Scopes to Hutchinson:] 'There is something 1
must tell you. It's worried me. I didn't violate the law.'
.. .A jury has said you had,' replied Hutchinson.
"'Yes, but I never taught that evolution lesson. I skipped it. I
was doing something else the day I should have taught it, and I missed
the whole lesson about Darwin and never did teach it. Those kids they
put on the stand couldn't remember what I taught them three months
ago. They were coached by the lawyers. And that April twenty-fourth
date was just a guess.
"'Honest, I've been scared all through the
trial that the kids might remember 1 missed the lesson. l was afraid
they'd get on the stand and say I hadn't taught it and then the whole
trial would go blooey. If that happened they would run me out of town
on a rail.'
" 'Well you are safe now,' said Hutchinson.
"'Yes, I’m convicted of a crime I
never committed.' said Scopes." —L. Sprague de Camp, The
Great Monkey Trial (1968), p. 432.
In his book, de Camp says it was Clarence Darrow who
did the coaching, and encouraged young Scopes to commit perjury if he
should be called to the witness stand (which did not happen). That
incident was also related in the New York Times Magazine, for
July 4, 1965. In the book, Preacher and I, Charles Potter
mentioned an incident after the trial when Scopes told him and his wife
that his work at the high school was mainly that of athletic coach, and
then Scopes explained that the biology class substitutions he did were
mainly used as an opportunity to discuss football plays. Quoting Scopes:
"I was pretty busy. Sometimes we had to use
the biology period for planning our plays, and I reckon likely we
never did get around to that old evolution lesson. But the kids were
good sports and wouldn't squeal on me in court."
Later, in his memoirs, Scopes again disclaimed having taught
evolution.
"To tell the truth, I wasn't sure I had taught
evolution. Robinson [the drugstore owner] and the others apparently
weren't concerned about this technicality. I had expressed willingness
to stand trial. That was enough." —*John Scopes, Center of
the Storm (1987), p. 80.
MORE MAIL FOR SCOPES—The letters kept pouring in. From all
over the United States and elsewhere they came. A New York promotor
wrote and offered Scopes $2,000 a week to appear as Tarzan in movies;
another offered him $50,000 if he would sign a contract to give
lectures defending evolution. A Christian woman from Kentucky
expressed her concerns for the people:
"If you convert everybody to your way of
thinking, what will you accomplish? The churches will be torn down,
men will have to go armed to protect themselves from murder and lust,
and sin will be rampant in the world, for men will not fear God and
they will do as they please."
Sounds like life in our own time, now that
evolutionary theory is almost universally accepted. She concluded with
this:
"The only thing you will accomplish will be
the making of infidels and the sending of innumerable souls to
hell." —*Jack Scopes, "The Man Who Put the Monkey on
Dayton's Back, " Chattanooga Life and Leisure, July 1989, p. 19.
In marked contrast, an evolutionist wrote different concerns for the
people:
"As long as the legislature of Tennessee
prefers sandals to shoes, unsanitary beards to clean shaves, and
jackasses to automobiles, intelligence shall expect some persecution.
The fight is on with these arrogant Fundamentalists and 1 wish to see
them get enough of it before it is over, even if we must carry it on
for 10 or 20 years." —*Jack Scopes, "The Man Who Put
the Monkey on Dayton's Back" Chattanooga Life and Leisure, July
1989, pp. 19, 24.
3 - FRIDAY, JULY 10, 1925
THE MONKEY TRIAL—Yes, it was a "monkey
trial, " just as the press proclaimed throughout the world. The
purpose was to make a monkey out of the creationists.
On Friday, July 10,1925, the Scopes trial began. The newspapers
predicted a heat wave, and it was hot as crowds of reporters,
Christians, atheists, and the curious thronged the courthouse.
As Scopes entered the courtroom and sat down, Darrow
sat down next to him, threw a reassuring arm around him, and whispered,
"Don't worry, son; we'll show them a few tricks."
(Recollection by Scopes, in Reader's Digest, March 1961, p. 137.)
Judge J.T. Raulston ascended the bench, and the trial was underway.
Everyone was quiet as young Scopes was reindicted and a jury was
selected.
Details of the trial—and some of the tricks—will
be found in an appendix.
At the trial, the chief counsel for the defense (Darrow)
was cited because of his actions for contempt of court, and the leader
for the prosecution (Bryan) took the witness stand. The accused (Scopes)
never was called to testify. The defense spent its time upholding
evolution and ridiculing the Bible. The prosecution defended the State
and Biblical positions.
It has frequently been commented upon that the
evolutionists were not permitted to bring in expert testimony by
evolutionary scientists. But little mention is made of the fact that the
creationists were not permitted to do so either. For example, on July
16, 1925, Bryan wrote to the well-known Johns Hopkins University
surgeon, Howard Kelly:
"The court has excluded expert testimony, so
we will not need to have you come. We have won every point so far and
expect to win the suit. " —W.J. Bryan correspondence, Ac.
No. 557, Tennessee State Library and Archives.
THE FIRST SIX DAYS—Amid the sweltering heat,
the initial six days of the trial were largely occupied with legal
details, such as the selection of a jury, questioning the law's
constitutionality, and debate over admissibility of expert testimony
regarding evolution and the Bible.
On the fourth day, two schoolboys, Howard Morgan and
Harry Shelton, spoke briefly about what they thought they could remember
in the classroom.
"The mother of one of the high school boys who testified at
the trial said she wanted her son to learn more about everything,
including evolution. The mother of the other boy who testified said
she did not mind if they taught her son evolution 'every day of the
year. I can see no harm in it whatever.' " —Donald W.
Patten, "The Scopes Trial," in Symposium on Creation III
(1971), p. 115.
Then came the momentous seventh day.
4 - MONDAY, JULY 20, 1925
THE SEVENTH DAY—By this time, things were so
dull inside the courtroom that most of the reporters decided to skip out
after lunch and go find some place cool to sit. So on the biggest day of
the trial, only a half-dozen of the 200 reporters were present. When the
day was over, young Scopes had to be recruited to help write up stories
in the absence of the reporters)
It was on this seventh day that Darrow was cited for contempt of
court. Just after that, Darrow asked that Bryan take the stand for
examination, and this he agreed to do if he in turn would be allowed to
question Darrow on the next day.
This proved to be a mistake. The prosecution had
tried to focus on whether a law had been violated, and whether the
people had the right to control their own schools. But Bryan, in his
willingness to be a witness for Christianity, opened himself to the
manipulative attacks of Darrow, who brought in irrelevant issues, and
ridiculed the Bible, Bryan, and the law.
"How old is the earth?" "Did everyone
outside the Ark die in the Flood? If so, what about the fish?"
"Where did Cain get his wife?" "How did the snake
walk—on its tail?" Bryan had some answers; others he did not
have. He had no books with him on the platform and he could not hold
everything in his head. As a result, the press tended to portray him as
a man who did not know enough.
For example, the reply to the first question would be
to cite some of the wealth of scientific data showing that our planet is
only a few thousand years old (chapter 6, Age of the Earth), as
well as the social data indicating that agricultural, animal husbandry,
and historical records are equally brief (chapter 18, Ancient Man).
The reply to the second question would be that,
according to Genesis 6:7 and 7:21, 23, only the creatures on the land
were totally wiped out, and, a study of paleontology reveals that large
numbers of fish were also killed.
The answer to the third question was not fully clear
until later in the century. Scientists today know that genetic load, or
the gradual build-up of mutational defects in the genes, is why close
relatives should not marry. In the beginning, it would have been ail
right to do so, since there were no genetic flaws then. Yet Bryan, good
man though he was, could not instantly know everything.
The answer to the fourth question would be this:
Genesis 3:14 obviously has reference to a major change in the serpent.
Its genetic code was actually restructured, so that its method of
locomotion was entirely altered from what it previously had been. How
had it earlier moved about? We are not told in this passage, but it
would probably be either legs, or legs and wings. It is significant that
ancient legends speak not only of a universal Flood and an Ark, but also
a time when there was a flying snake. The winged serpent has been a
widespread symbol for thousands of years. As a result of the change in
its DNA coding, the serpent henceforth would "eat dust." If
you try crawling at the same height from the ground, you will eat dust
too.
The Bible is consistently accurate in its statements.
In strong contrast are the confused utterances and mythical
pronouncements of evolutionary theory.
"What Mr. Darrow was interested in . . was to
show that the Bible is untrue and that evolution is an accepted fact
'among all thinking people.' " —Western Recorder, July 30,
1925.
William Jennings Bryan had spent a lifetime as a public figure,
whereas Clarence Darrow was a skilled criminal attorney. In his
questioning, he used tricky methods in an attempt to confuse Bryan. We
will discuss some of these in the appendix at the end of his chapter,
but consider this example:
Darrow. But when you read that Jonah swallowed
the whale—a than the whale swallowed Jonah—excuse me please—how
do you literally interpret that?
Bryan: When I read that a big fish swallowed
Jonah—it does not say whale.
Darrow. Doesn't it? Are you sure?
Bryan: That is my recollection of it. A big
fish, and I believe it, and I believe in a God who can make a whale
and can make a man and make both do what He pleases.
Darrow. Mr. Bryan, doesn't the New Testament
say whale?
Bryan: I am not sure. My impression is that it
says fish; but it does not make so much difference; I merely called
your attention to where it says fish—it does not say whale.
Darrow. But in the New Testament it says whale,
doesn't it?
Bryan. That may be true; I cannot remember in
my own mind what I read about it.
On and on it went, Darrow spending his time trying to confuse Bryan,
and intermingling the confusion with unclear or tricky questions.
5 - TUESDAY, JULY 21, 1925
THE EIGHTH DAY—Then came the eighth day,
and now it was time for Bryan to question Darrow. But the eighth day was
the last—for the trial came to a sudden end. It just so happened that
on the evening of the seventh day, threatening notes were given to both
Bryan and Darrow. The next day, Darrow used this as a pretext for
requesting an immediate end to the trial, claiming that it was for the
protection of both men.
Yet the defendant—Scopes—had never been asked the
simple question on which the whole trial depended: had he actually
taught evolution in the school? In addition, the defense had never
claimed that the accused was innocent of the charges, but now, instead,
suddenly asked that the jury return a sentence of guilty. It was a
strange trial in many respects.
Darrow's sudden concern about safety and his request
that a sentence of guilty be handed down, brought the entire trial to an
immediate halt. This was a shrewd action, for it meant that Darrow would
not have to mount the stand and be examined by Bryan, and it prevented
Bryan from making his final speech. (Darrow made sure that he had
already made his.)
The Butler Law lacked clarity in regard to the
penalty on conviction. Was it to be assigned by the judge or by the
jury? Uncertain, the judge decided that he himself would set the fine
after the jury had brought in a verdict of guilty. Scopes was fined $100
by the judge, which was the minimum possible under the law. Bryan,
kindly to the end, offered to pay the fine if Scopes did not have the
money.
BRYAN'S LAST FIVE DAYS—So the trial
ended Tuesday, July 21st—the eighth day of the trial. The reporters
left town on a railroad train with a big sign they stuck on its side: `Protoplasm
Special." Bryan spent the next five days writing out the
15,000—word speech which he had not been able to deliver at the trial,
so it could be published. He also hiked around the Dayton area looking
for a suitable site where a Bible College could be built. Speeches were
given in nearby towns and churches. All in all, it was an exhausting
week for him, as he traveled hundreds of miles over rough 1925 Tennessee
roads, and spoke to nearly 55,000 people. On Sunday afternoon, July 26,
after speaking at church, he died quietly during an afternoon nap.
Although a strong wave of popularity surged for Bryan
among the common people, he had been deeply hurt by the vicious attacks
of Clarence Darrow and the press. A close friend who had a lengthy
conversation with him just before his death, said this:
"'Four days after the trial ended I talked with him at some
length, and he was even then quivering with hurt at the epithets which
had been applied to him. He was a crushed and broken man.' "
—George F. Milton, "A Dayton Postscript," in Outlook,
August 19, 1925, p. 551.
"By 1925, Henry Louis Mencken , was a
tough, witty, cynical cigar-chomping newspaperman who had spent 15 years
covering big-city aims and politics. That year the Baltimore
Evening Sun sent him to the little rural fawn of Dayton, Tennessee
to report on the trial of a science teacher named Scopes, whose crime
was teaching Darwin's theory of evolution . ."Mencken's
dispatches were alternately sensible, satirical, condescending and
cruel; they were widely reprinted all over the country. Mencken
painted Bryan as a rabble-rousing hypocrite. 'If the fellow was
sincere,' he wrote, 'then so was P.T. Barnum . . He was, in fact, a
charlatan, a mountebank, a zany without sense or dignity.' . .
"Although technically Bryan won the case, by
the end of the trial he was a broken man. Darrow had assaulted him
with a barrage of ridicule that left him utterly worn out and
defeated. A few days later he died suddenly.
"But even when Darrow had finished,
Mencken did not let up. If Bryan had survived his first stroke,
Mencken's' memorial' article would have given him another. Bryan's
whole career, he wrote: ` . . was devoted to raising half—wits
against their betters, that he himself might shine.'"
—*Richard Milner, Encyclopedia of Evolution (1990), p. 298.
The savage attacks of Darrow, the street venders with
their pictures of Bryan the monkey, the newspapers, wire services, radio
broadcasts, apostate ministers, and all the rest; each had its effect.
The tired old warrior now could rest from his labors.
8 - FALLOUT PROM DAYTON
THE APPEAL—Soon after the trial ended, the ACLU
began the appeals process to overturn the Dayton conviction. Not happy
with Darrow, the ACLU tried to shed him, but when their associate
director, Forrest Bailey, wrote Scopes to drop Darrow, Scopes said No.
Darrow had sat on the bench next to the worried young man during the
trial and had been an encouragement to him. So a year later, Darrow
appeared before the Tennessee Supreme Court to argue the appeal. On
January 27, 1927, a verdict was handed down. Thanking Scopes for his
friendship, Darrow then sent him a photograph of himself, with the
following words written across the bottom: "Clarence Darrow with
regards and affection to the man who helped make him famous, if not
notorious. "
The Tennessee Supreme Court upheld the
constitutionality of the law, but reversed Scope's conviction on the
technicality that, when a fine is more than $50, it must be imposed by
the jury and not the judge.
AFTERMATH —*Fay-Cooper Cole, a University of
Chicago professor, had journeyed to Dayton to help Darrow. Returning
after the trial, he was called into the president's office and
confronted with the fact that his testimony at the trial had brought
outrage from many citizens who demanded that the university fire him.
Cole was told that the trustees had carefully considered the matter, and
now he was to be informed of their decision. With a twinkle in his eye,
the university president handed him a check: his salary had been raised.
Another of Darrow's "expert witnesses," *H.
H. Newman, afterward wrote a book. In it, he said this about the author
of the Tennessee antievolution bill, which became the law under which
Scopes was convicted:
"The member of the state Legislature responsible for the
draughting of the Tennessee Anti-evolution Bill is said to have
regretted his part in the passage of that measure when, for the first
time, he learned that the Bible was a translation and was not
originally written in English." —*H.H. Newman, The Gist of
Evolution.
John W. Butler, the man referred to, was astonished when he learned
of this. Writing to Newman he declared the assertion to be
"absolutely false," and said that ever since he first learned
to read, he knew that the Bible was but a translation and not written in
English. But Newman refused to do anything about the matter. The
evolutionists consistently portrayed the case in a different light than
what actually happened. Here is how it is presented in a 1984 version.
We will italicize the parts that are not correctly presented:
"The Tennessee legislature had passed a law
forbidding teachers in publicly supported schools of the state from
teaching that humans had evolved from lower forms of life. To
challenge the law's constitutionality, scientists and educators
persuaded a young high-school biology teacher named John Thomas Scopes
to tell his class about Darwinism. Scopes was thereupon charged
with violating the law and brought to trial in Dayton, Tennessee,
where he taught . .
"The trial was for the most part
disappointing, to the judge refused to allow the defense to place
scientists on the stand to testify to the evh dance behind the
Darwinian theory, and restricted testimony to the question whether
Scopes had or had not discussed evolution. But the issues
nevertheless emerged in the courtroom when Bryan, over the protests of
his fellow prosecutors, volunteered to submit to cross-examination
on the Fundamentalist position. Darrow promptly showed that
Bryan was ignorant of modern developments in science and had
only a stereotyped Sunday-school acquaintance with religion and the
Bible . . But the forces of darkness and ignorance are never
permanently defeated." —*Isaac Asimov, Asimov's New Guide to
Science (1984), pp. 779, 780 (italics ours).
(1) Scopes was not persuaded by anyone, much less by
"scientists and educators," to teach evolution that spring In
order that a court case could be brought that summer against the State.
It was not until a few weeks before the 1924-1925 school year was over
that Rappleyea initially conceived the idea. Rappleyea first thought of
it on May 4; later that day young Scopes agreed to say he had taught
evolution earlier that spring to the biology class. The next day Scopes
was served with the warrant; at the trial, his attorney said he taught
evolution on April 24.
(2) Scopes was not a biology teacher.
(3) Scopes repeatedly declared in print afterward
that he never taught Darwinism at the school.
(4) The judge did at first permit expert testimony,
but afterward denied it to be presented to the jury since it was so
nebulous, self-contradicting, and irrelevant. (See chapter appendix,
"Tricks at the Trial" for more on this.)
(5) The judge did allow expert testimony by the
defense, and that testimony was placed in the official court transcript
and afterward published abroad by the evolutionists.
(6) Bryan did not volunteer, but was asked by Darrow
to be cross-examined on a promise by barrow that, afterward, Bryan would
cross examine him. Bryan fulfilled his part of the agreement, but Darrow
reneged on his part. (7) Darrow's cross-examination of Bryan was rude,
purposely confusing, humiliating, and even dishonest. (8) Bryan's
defense was as able as might be expected from an elderly man having to
submit to Darrow's interrogation tactics.
"Actually this [Scopes trial] was one of the
few trials in which Clarence Darrow could not control himself, and
came out empty-handed. The verdict in part went squarely against
Scopes, and the ban on evolutionist teaching continued on the statutes
of the State of Tennessee for many years, being rescinded relatively
recently." —G. Richard Culp, book review, in Creation
Research Society Quarterly, June 1977, p. 74.
LATER LEGAL DECISIONS—Motions for a new hearing
were denied, and the Butler Act remained on the books until 1967, when
it was quietly removed. That came at a time when similar statutes were
quietly being removed from other State books also, under threat from the
ACLU and scientific organizations to bring them a "monkey
trial" if they did not comply. Dr. Fay-Cooper Cole, chairman of the
Anthropology Department at the University of Chicago had given one of
the scientific depositions for the evolutionists at the trial, and 34
years later wrote this:
"Where one person had been interested in
evolution before the trial, scores were reading and inquiring at its
close. Within a year the prohibitive bills (against evolution] which
had been pending in other states were dropped and killed. Tennessee
had been made to appear so ridiculous in the eyes of the nation that
other states did not care to follow its lead." —*Fay-Cooper
Cole. "A Witness at the Scopes Trial, " Scientific American,
January 1959, p. 130.
The hawkers and ape out on the streets, the carnival
atmosphere, the deceptive questioning by Clarence Darrow, the biased
reports sent out by 200 newspaper reporters, 65 telegraph operators, and
WGN Chicago radio broadcast, and the sarcastic reports of *Mencken, *Pegler,
and *Krutch—all had its effect. The ACLU—coordinated objective had
been achieved. The right "was made to appear so ridiculous"
that the world feared to associate with it.
As has been common throughout history, a
"scientific theory" that has no scientific facts to support
it, must rely on flattery, threats, and bribery and ridicule to uphold
it.
The 1967 Tennessee State repeal of the Butler Act
occurred because a teacher had been expelled for teaching evolution in a
public school, but later had been reinstated. The teacher filed a suit
against the State, charging that the law "interfered with academic
freedom." Rather than go through another lawsuit, Tennessee
repealed the law.
The year before, in Arkansas, a federal court ruled
that their state's anti-evolution law was unconstitutional, but the
following year the Arkansas State Supreme Court reversed the decision of
the lower court and upheld the constitutionality of the law.
The next year (November 12, 1968), the U.S. Supreme Court ruled that
a law prohibiting the teaching of evolution in tax-supported schools is
unconstitutional.
In 1987, the high court ruled that a State could not
require the teaching of creationism in tax-supported schools.
But please note that, in these decisions, the
Supreme Court has not ruled that creationism and the scientific
evidences favoring it could not be discussed, in contrast with the
evidences for evolution! Both can still be discussed in the
classrooms of America. The discussion of neither of these opposing
theories has been forbidden. Evidence in favor of Creation and the Flood
can indeed be presented in state-supported schools. But in doing so,
religion should not be woven into the presentation. The creationist
evidence should not be presented as "religious information,"
or in defense of religion in general or particular. Scientific fact and
ancient historical records (such as the Bible) may be used in the
presentation, but evolutionary teachings must be presented as well. A
clear-cut contrast between evidence for the two views should be made.
(See chapter 34, Evolution and Education, for more information on
teaching Creationism in public schools.)
THE YEARS THAT FOLLOWED—Scopes left the area
that summer and studied geology at the University of Chicago, worked for
an oil company in Venezuela and then a gas company in Louisiana, and
died in 1970, not long after the passing of Rappleyea.
The 1925 trial was not only a major event covered by
some 200 newsmen, whose stories totaled about 2 million words, but it
also became a reference point for a series of similar legal battles in
at least seven other states.
Bryan College was later built on the site selected
for it by Bryan on a hill on the east side of Dayton. It today has a
100-acre campus, and 600 students. The Dayton courthouse was designated
a National Historic Landmark by the National Park Service in 1977, and
in 1979, a $1 million courthouse restoration and basement trial museum
was completed. In another museum on the other side of the continent,
located at the Institute for Creation Research, is to be found an
original 1925 newspaper article, which mentions two lines of evidence
offered in defense of evolution: the missing links, pieces of a
skull—the Piltdown Man, and a tooth—Nebraska Man. Placed by that
particular exhibit is a small sign, "Evolution, a Matter of Faith."
A matter of faith? Yes, evolution can only be accepted by
faith alone, whereas there are solid scientific facts under-girding
creationism.
In 1928, it was discovered that a mistake had been
made and the "hominid tooth" of prehistoric Nebraska Man
turned out to be nothing more than a pig's tooth! Three years after the
Scopes Trial, one main "proof" of evolution had been
destroyed.
In 1953, Joseph Weiner and Kenneth Oakley used a
newly-developed fluorine test on the original Piltdown skull
fragments—and discovered that the bones were a hoax! This became
something of a national scandal focusing on the British Museum, although
museum officials were probably only innocent dupes. Twenty-eight years
after the Scopes Trial, the other main "proof" of evolution
was destroyed.
Write over the halls of evolution: "By Faith
Alone;" and, over the halls of creationism, write these words: "Solid
Facts."
"Two main lines of evidence for evolution [at
the Scopes Trial] were the Piltdown man and Nebraska man. Nowhere in
the trial did the scientific problems receive any sensible discussion.
Darrow displayed ignorance both about the theory of evolution and the
teachings of the Bible, and leveled a barrage of insults and
vilification at fundamentalist Bryan. Bryan did not respond in kind.
Darrow was clearly the media favorite, however." —Michael
Pitman, Adam and Evolution, p. 100.
"Some thought that reports of what occurred at
the trial would damage the cause of evolution. However, on the
contrary, the evolutionists have used it to state repeatedly that
although Darrow 'lost' the trial, he 'won' the case and that since the
time of the Scopes Trial, no intelligent person can any longer doubt
the truth of evolution.
"However as time has passed, the 'scientific'
evidences against evolution have increased both in number and in
strength. There is more that can be said against an evolutionary
belief now than there has been at any time in the past because more
facts are known and more evidences against evolutionary theory are
constantly coming to light." —Donald W. Fatten, "The
Scopes Trial," in Symposium on Creation III (i971), p. 117.
7 - DIFFERENT VIEWPOINTS
MALONE'S POSITION—The other leading New York
attorney who worked with *Clarence Darrow in defending *Scopes at
Dayton, was *Dudley Field Malone. The following remarkable statement was
made by Malone during that trial. It comes from the trial transcript:
"Any teacher who teaches the boys and the
girls of today an incredible theory—we need not worry about those
children of this generation paying much attention to it. The children
of this generation are pretty wise. People, as a matter of fact, I
feel that the children of this generation are probably much wiser,
than many of their elders. The least that this generation can do, your
honor, is to give the next generation all the facts, all the available
theories, all the information that learning, that study, that
observation has produced, give it to the children in the hope of
heaven that they will make a better world of this than we have been
able to make it. We have just had a war with twenty million dead.
Civilization is not so proud of the work of the adults. Civilization
need not be so proud of what the grown ups have done. For God's sake,
let the children have their minds kept open—close no doors to their
knowledge; shut no door from them." —*Dudley Field Malone,
quoted in The World's Most Famous Court Trial: A Complete Stenographic
Report (1925). [This book is a transcript of the Scopes trial, and
includes the testimony of all the "expert witnesses.'].
DARROW'S POSITION BEFORE THE TRIAL—The
following equally remarkable statement was made one year earlier by
Darrow in a murder trial:
"In defending two young men, Loeb and Leopold,
for cruelty murdering a fourteen year old boy, by name Bobby Franks,
the celebrated criminal lawyer of the day, Clarence Darrow, traced
their crime back to what they had learned in the university. He
argued, 'is there any blame attached because somebody took Nietzsche's
philosophy seriously?'
"His appeal to the judge was, 'Your honour, it
is hardly fair to hang a nineteen year old boy for the philosophy that
was taught him at the university.' " —*Clarence Darrow,
quoted in W. Brigans (ed.), Classified Speeches, quoted in H. Epoch,
Evolution or Creation, (1966) p. 146.
*Nietzsche's philosophy was solidly based on Darwin's
theory of evolution. See chapter 33, Evolution and Society, for
more on this.
DARROW'S POSITION AT THE TRIAL—At the trial,
Clarence Darrow revealed himself to be a bigot. Evolution should be
taught in the schools of America. The people should be forced to accept
it. Not to do so, would be rank intolerance and lead to Dark Ages
persecution. Darrow sought to use sensationalism and fear to convince
the judge and jury. If evolution be banned, Darrow said, a year from now
Tennessee State might begin burning books and newspapers:
"If today you can take a thing like evolution
and make it a crime to teach it in the public schools, tomorrow you
can make it a crime to teach it in the private schools, and next year
you can make it a crime to teach it to the hustings or in the church.
At the next session you may ban books and the newspapers . . Ignorance
and fanaticism are ever busy and need feeding. Always feeding and
gloating for more. Today it is the public school teachers; tomorrow
the private. The next day the preachers and the lecturers, the
magazines, the books, the newspapers. After a while, Your Honor, it is
the setting of man against man and creed against creed, until with
flying banners and beating drums we are marching backward to the
glorious ages of the sixteenth century when bigots lighted fagots to
burn the men who dared to bring any intelligence and enlightenment and
culture to the human mind." —*Clarence Darrow, a speech
given at the Scopes Trial, quoted in *Isaac Asimov's Book of Science
and Nature Quotations (1888), pp. 91-82.
To that statement, add this one:
"Most people in our country would agree with
the statement made by ACLU's lawyer, Clarence Darrow, at the 1925
Scopes trial when he said: 'It is bigotry for public schools to teach
only one theory of origins.' Yet at the 1981 [Arkansas] trial the
ACLU, in effect, was arguing that only evolution be taught." —Thomas
G. Berries, book review, in Creation Research Society Quarterly, March
1983, p. 228.
*Mencken, always ready to fulminate over something or
other, gave his comment about the fact that Darrow's speech was not
accepted by the jury:
"The net effect of Clarence Darrow's great
speech yesterday seems to be precisely the same as if he had bawled it
up a rainspout in the interior of Afghanistan." —*H.L
Mencken, op. cit., p. 92.
BRYAN'S POSITION—At the time of the Dayton
Trial, as well as in later years, it was frequently charged that Bryan
was an "apostle of intolerance" and a "child of the
inquisition." This bias was also placed in the 1960 Hollywood film,
Inherit the Wind, based on the Scopes Trial.
Yet this was not his viewpoint. Bryan's consistent
position was that people should have the right to choose the views to be
taught in their schools. On one occasion he said that, since Christians
build their own schools when they want to teach their doctrines,
evolutionists should do the same for promulgating theirs. He felt that
the people should be free to decide, rather than to be forced to accept
strange theories in the schools, under coercion by certain pressure
groups. During the trial he said that parents, who provide financial
support for the schools, should make the final decision on what is to be
taught in those schools.
"The most famous confrontation relative to the question of
teaching origins in the schools is the Scopes Trial of 1925.
Essentially, Clarence Darrow for the defense argued that teachers,
being knowledgeable about the subject area, should teach what they
feel is correct. Parents are not the 'experts' and thus should defer
to the teacher's judgment as to what is to be taught. On the other
hand the prosecution, headed by William Jennings Bryan, felt that the
parents, who provide financial support for the schools, should make
the final decision on what is taught. In essence, the prosecution felt
that 'if I hire a painter to paint my house, the painter should use
the color I choose, because I am paying the costs and have to live in
the house; the painter is my employee.' Because parents are
essentially hiring the teachers to educate their children for them.
Bryan felt they should be allowed to determine how the teachers do the
job." —Merry Bergman, "the Attitude of University
Students toward the Teaching of Creation and Evolution in the
Schools," in Origins, Vol. 6, No. 2, 1979.
Four years earlier, Bryan said this:
"We do not ask public school teachers to teach
religion in the schools, and teachers, paid by taxation, should not be
permitted to attack our Bible in the schools." —William
Jennings Bryan, Address to the Constitutional Convention of Nebraska,
1920.
At another time, he said this:
"Christians do not ask that the teachers in the
public schools, colleges, and universities become exponents of orthodox
Christianity . . but Christians have a right to protest against teaching
that weakens faith in God, undermines belief in the Bible and reduces
Christ to the stature of a man." —William Jennings Bryan,
quoted in Lawrence W. Levine, Defender of the Faith: William Jennings
Bryan: The Last Decade, 1915-1925 (1985), pp. 27&279.
In summary then: The evolutionist schools should
teach evolution; the creationist schools should teach creationism,—and
the public schools should teach neither—or the evidences supporting
both.
For much more information on this topic, see chapter
34, Evolution and Education.
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Chapter
30 THE SCOPES TRIAL
APPENDIX 30
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