The Great Trial

"Oh, yes, oh, yes, the Honorable Circuit Court is now open, pursuant to adjournment. Set down, keep quiet." Bailiff Kelso Rice drew his lean neck back into its high celluloid casing, settled his policeman's cap at a rakish angle, stowed a generous "chaw" of tobacco into the recesses of his oral cavity, dragged the spittoon into range with a clatter.

The trial of John Thomas Scopes (TIME, May 18, et seq.) alleged teacher of Evolution, continued at Dayton, Tenn.

Having besought Judge Raulston to quash the indictment brought against Scopes lest it ignite a conflagration of bigotry in the land, and because the act under which it was brought was unconstitutional (TIME, July 20), Lawyer Darrow, shambling, leonin counsel for the defense, next besought His Honor to dispense with, as being prejudicial, the long prayers (by visiting and local Fundamentalist clerics) with which the sessions were being opened. Hot words from the prosecution. Hotter words. In the course of this debate, Attorney General A. T. Stewart snapped at defense-counsel Arthur Garneld Hays: "Willyoupleasekeepyourmouthshut?"

His Honor overruled the objection and evaded another defense suggestion that Modernists be invited to pray. This wrangling occupied a day's sessions.

Then came His Honor's delayed pronouncement upon Darrow's motion to quash. Mr. Stewart had apologized to Mr. Hays and the courtroom tension had lowered, but when Defense-Counsel Malone heard the quasher denied he rightly forecast: "This is going to be a scrap from now on; a knock-down and drag-out."

His Honor denied the quasher on the grounds that the statute under which it was brought was wholly institutional, technically and by construction and intent. Defense demurred.

The next phase of the case was its crisis. Maintaining that the farmer-jurors, admittedly unfamiliar with the theory of Evolution, were unfit to decide whether or not it "denies Genesis" until they had heard an explanation of the theory, the defense sought to put scientific experts on the stand for the farmer-jurors' instruction. At once the prosecution objected. The jurors, who had so far spent most of their time wandering around outside the court house, trying to avoid hearing the loud-spoken radio echoes of arguments within the court over what was and was not fitting for them to hear, were again banished from the scene.

The legal aspects of this introduction of testimony were swiftly forgotten. "General" Ben G. McKenzie, rustic wit of the prosecution counsel, offered his view of Evolution: ". . . they [Evolutionists] want to put words in God's mouth and have Him to say that He issued some sort of protoplasm, or soft dishrag, and put it in the ocean and said: 'Old boy, if you wait about 6,000 years I will make something out of you!"

Attorney General Stewart, reaching his arms heavenward, shaking with emotion: "Would they have me believe that I was once a worm and writhed in the dust? . . . I want to go beyond this world!" etc.

William Jennings Bryan, grim, impassioned, breaking a silence of four and a half days with theatrical effect: "The people of this state passed this law, the people of this state knew what they were doing . . . The moment that law became a law anything in these books [indicating the Biology text used by Teacher Scopes] contrary to that law was prohibited . . . The facts are simple, the case is plain, and if these gentlemen [counsel for the defense] want to enter upon a larger field of educational work on the subject of Evolution, let us get through with this case and then convene a mock court, for it will deserve the title of mock court if its purpose is to banish from the hearts of the people the Word of God as revealed."

Noisome applause greeted this oration, but even louder salvos, from auditors of both persuasions, greeted the next speaker, Lawyer Malone of the defense. Adopting Bryan's revivalist technique, yet retaining logic in his argument, Malone pleaded for freedom of the mind, chided Bryan for having given the case its large significance and then having refused--by objecting to scientific testimony--to fight out its deepest implications. Lawyer Malone begged His Honor at least to hear the scientists himself, to discover whether or not their testimony was proper for the jurors to hear.

After drowsing through these speeches, His Honor held with Lawyer Bryan that the only question before the court was to decide whether Teacher Scopes had taught Evolution. Experts would not be needed to come at the truth of that matter. The defense might, if it liked, put its experts on the stand, but only for the purpose of furnishing the record with data for the edification of a higher court.

This was a blow. The prosecution gloated and inquired whether, if such affidavits were read, it would have the right to cross-examine the experts. His Honor said yes. Another blow. The defense decided to withhold its experts and prepare instead a 12,000-word outline of Evolution in the record.

Lawyer Darrow leaped up in fighting' mood, shoulders hunched, rocking on his heels.

His HONOR: "Yes, sir, always expect this court to rule correctly."

DARROW, crisply: "No, sir, we do not."

Darrow asked why it was that every request of the prosecution was granted and every request of the defense overruled.

His HONOR : "I hope you do not mean to reflect on the court."

DARROW, deliberately: "Well, Your Honor has the right to hope."

His HONOR: "I have a right to do something else, perhaps."

DARROW: "All right. All right."

But no thunderbolt--citation for contempt--fell then. Court was adjourned over the weekend. The lawyers retired to their respective camps on opposite sides of the valley and bombarded one another with resounding statements to the press. On the Monday when Darrow entered court, he was informed by Judge Raulston: "He who hurls contempt at my court insults the great Volunteer State, . . ." and requested to make bond for $5,000 pending a hearing for "contempt and insult."

That afternoon, however, Mr. Darrow apologized. He said that he had received only courtesy and meant to return the same, that he had spoken in anger. Judge Raulston then forgave him with a Biblical quotation.*

The afternoon's session was held out-of-doors and a great crowd gathered. A treat was had by all. Mr. Darrow called the opposing counsel Mr. Bryan as a witness to prove that the Bible need not be taken literally, questioned him about Jonah and the whale, Joshua and the Sun, whence Mrs. Cain, the Deluge, the Tower of Babel. Mr. Darrow bellowed his purpose to "show up Fundamentalism, to prevent bigots and ignoramuses from controlling education in the U. S." Mr. Bryan shook his fist, roared back his purpose "to protect the Word of God from the greatest atheist and agnostic in the United States."

* "Come unto Me and receive Eternal Life.