July 21st

On July 21st, 1925, a verdict was handed down in the Scopes evolution trial.

The Scopes "monkey trial" does not bear much resemblance to Inherit the Wind. While the film is a fine drama, the town of Dayton, Tennessee was excited to have such celebrities as William Jennings Bryan, Clarence Darrow and H. L. Mencken.

The trial was also a setup. The ACLU has been looking for someone to challenge the Butler Act, which prohibited teaching evolution. John Scopes, who was actually a football coach, volunteered. His friends, Sue and Herbert Hicks, would prosecute. (Yes, Sue Hicks inspired the Johnny Cash song.) All-star teams of both sides of the legal aisle quickly formed.

It should be noted that official state textbooks did teach evolution.

It's not even entirely clear that Scopes did teach the contested subject matter, but he was duly arrested and the circus commenced.

The trial was grand entertainment for the town, and was broadcast on national radio. The theory of evolution squared off against the biblical version of events. The First Amendment, specifically the establishment clause, did not factor into the trial until appeal. (The Establishment Clause states that the government may not establish a state religion, or enact legislation designed to favor one belief.)

Many scientific experts were called in, but only one zoologist was allowed to testify in person. The rest instead submitted written reports. To be fair, the experts on the Bible did not present in front of the jury and their testimony was excluded as well.

Bryan had not argued in a courtroom in over three decades. Darrow had won his famous Leopold & Loeb case the year before. It is not surprising that Bryan did not acquit himself as well as had been expected. Nonetheless, it was still a shock when Darrow called Bryan to the stand as a Bible expert. Not so much a shock to Bryan, who had agreed on the condition that Darrow get the same treatment as the next witness.

Darrow ripped Bryan to pieces on the stand when asked to justify various accounts from the Bible. Darrow didn't make a very good impression either, rude and sarcastic. Judge Ralston had endured enough and ended the questioning after two hours. Darrow never testified and the trial wrapped up.

The trial lasted seven days, and ended with Darrow asking for a guilty verdict in order to get an appeal. After all, the basic facts were never in contention. Scopes had admitted to teaching evolution, in defiance of the Butler Act.

On July 21st, Scopes was found guilty and fined $100.00.

Six days later, William Jennings Bryan died. He was still in Dayton, and had died in his sleep.

The Tennessee Supreme Court overturned the trial on technical grounds, not constitutional ones. When referred back to the Supreme Court, they declined to hear the case. So, the defense's case was in vain from a legal standpoint.

The Butler Act itself was repealed in 1967.

For more information about this and other famous trials, see
Douglas Linder's Famous Trials