THE SCOPES TRIAL

As the trial began on the morning of July 10, 1925, *Clarence Darrow made the first speech. He said that "expert witnesses" had been called in by the defense and would be giving their testimony. Immediately William Jennings Bryan objected, declaring that those men would merely be giving their opinions. In so doing, they would be able to make extravagant and irresponsible claims without fear of being cited for purjury, and the trial itself would be reduced to a debate. Uncertain what to do, the judge permitted one of barrow's "expert witnesses" to speak. But the statements of the witness were confusing enough that the judge recognized it would be best to bar all expert testimony from the trial. But he did permit their remarks to be read into the court record for the use of a later appeals court. Therefore, although we will here discuss some of this "expert" testimony, as it is written into the trial record, keep in mind that the jury only heard the first one.

The initial witness was *Maynard Metcalf of Johns Hopkins University in Baltimore. Asked to define evolution, he gave a long and very confusing definition, in which he said that "embryonic development" was evolution. Of course, this definition is simply not true! The development of a baby in its mother's womb is not evolution, nor does it have anything to do with evolution.

*Arthur Godfrey Hays and *Dudley Field Malone, two of Darrow's fellow lawyers, then presented statements in which they agreed that, yes, the prenatal development of the child was evolution! To this, Malone added that a human being evolves all through his life. Bryan then stood up and set the record straight on what evolution really was.

*H.H. Newman, a University of Chicago professor, declared that evolution is change, and the other view is fixity. Therefore whatever is change is evolution—biological or otherwise!

*Fay-Cooper Cole, a University of Chicago anthropologist (the one who received the raise in pay when he returned home), said that fossil remains of the Neanderthals showed conclusively that their heads "hung habitually forward," their knees were "habitually bent," and they walked in a "semi-erect position." Those statements are simply not true. The Neanderthals were identical to modern man, except that they had larger brains.

*Kirtley F. Mather, a Harvard geologist, said "there are in truth no missing links in the record which connects man with other members [apes and monkeys] of the Order Primates." This is another untruth.

*Dudley Field Malone, the assistant attorney for the defense, said that evolutionists do not teach that man descended from monkeys. Another untruth. Bryan rose and replied to this point, quoting Darwin's book, The Descent of Man, where Darwin wrote that man did descend from apes.

(Along this line, a sizable amount of factual data will be found in chapter 18, Ancient Man, which provides in-depth replies to Cole, Mather, and Malone's arguments in regard to the origins of man.)

Then *Arthur Hays, Darrow's other associate attorney, stood up and tried to hedge on a legal technicality. The Tennessee law declared that public school teachers should not teach that man descended from lower forms of life. Hays declared that teaching that man descended from monkeys was no violation, since all were in the order of Primates!

It was on the third day that Darrow objected to starting each daily opening of court with prayer, saying it was prejudicial to his side of the case. The judge ruled that since prayer was customary and not an innovation at this particular trial, it would continue. The judge went on to point out that Darrow was inconsistent, since he and his associate attorneys had earlier declared that evolution and religion are consistent and not opposed to each other.

The court then turned the matter over to the local ministerial association, which, because of Potter's petition, decided to let all further court prayers be given by pro-evolutionist pastors.

This theme that Bible religion and evolution were in accord with one another came up again and again, as different witnesses spoke. So much so, that Scopes himself later admitted that the witnesses "had been carefully selected in order to prove that orthodox Christians also believed in evolution" (quoted in Ray Ginger, Six Days or Forever [1958[, p. 136).

*Maynard Metcalf regularly taught a large Sunday school class in Chicago, and testified at the trial:

"There is no conflict, no least degree of conflict, between the Bible and fact of evolution, but the literalist interpretation of the words of the Bible [that it means exactly what it says] is not only puerile; it is insulting, both to God and to human

intelligence." —*The World's Most Famous Court Trial: A Complete Stenographic Report (1925), p. 242.

*Walter C. Whitaker, pastor of a large Episcopalian church, said: "As one who for thirty years has preached Jesus Christ as the Son of God and as 'the express image of the Father,' I am unable to see any contradiction between evolution and Christianity." As a leading minister of his denomination, Whitaker served on the board that decided on the theological competency of all new pastors seeking to be hired by Episcopalian churches.

Here is an example of how *Darrow conducted himself during the trial:

"Darrow himself, completely unscrupulous and without personal integrity, bluffed shamelessly. He said: 'Are your mathematics good? Turn to 1 Elijah 2 . . ' (there is no such book in the Bible.) Then he said, 'is your philosophy good? See 2 Samuel 3 . . ' (This chapter is a historical account of events during the time of David.) Next he asked, 'is your astronomy good? See Genesis chapter 2, verse 7 . .' (This verse is about the creation of man and has nothing to do with astronomy:) Finally he asked, 'is your chemistry good? See—well, chemistry—see Deuteronomy 3:6 or anything that tells about brimstone.' (This verse has nothing to do with chemistry or brimstone.)" —Donald W. Patton, "The Scopes Trial, "in A Symposium on Creation III (1971), p. 110. (see page 84 in World's Most Famous Court Trial, for transcript of this.]

Darrow's questioning of Bryan was blasting. So much so, that Darrow was held in contempt of court for his conduct. This was a serious charge, but when he apologized, the judge rescinded it. Repeatedly, Bryan was insulted and humiliated by Darrow, but Bryan made no attempt to retaliate with vindictiveness. At one point in the trial, Darrow told Bryan in derision, "You insult every man of science and learning in the world because he does not believe in your fool religion" (World's Most Famous Court Trial, p. 288).

Bryan clearly pointed out that evolution taught that man had gradually risen from lower forms of life, and therefore was directly opposed to the Biblical account of the Fall of man. If man had not fallen, then he did not need Christ, Calvary, and salvation.

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APPENDIX 30
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CHAPTER 31-A- SCIENTISTS SPEAK