who was the defending attorney in the scopes

by Ms. Stacey Bartoletti Jr. 8 min read

Clarence Darrow

Who were the lawyers in the Scopes case?

Summary. Photograph shows William Jennings Bryan (seated, left, with fan) and Clarence Darrow (standing, center, with arms folded) at an outdoor courtroom during Scopes trial in Dayton, Tennessee.

Who was the lawyer who prosecuted Scopes?

The prosecution was led by William Jennings Bryan, a former Secretary of State, presidential candidate, and the most famous fundamentalist Christian spokesperson in the country. His strategy was quite simple: to prove John Scopes guilty of violating Tennessee law.

Who did Clarence Darrow defend?

In 1911, the American Federation of Labor (AFL) called on Darrow to defend the McNamara brothers, John and James, who were charged in the Los Angeles Times bombing on October 1, 1910, during the bitter struggle over the open shop in Southern California.

Who was John Scopes?

In response, the American Civil Liberties Union financed a test case in which John Scopes, a Tennessee high school science teacher, agreed to be tried for violating the Act. Scopes, who had substituted for the regular biology teacher, was charged on May 5, 1925, with teaching evolution from a chapter in George William Hunter 's textbook, Civic Biology: Presented in Problems (1914), which described the theory of evolution, race, and eugenics. The two sides brought in the biggest legal names in the nation, William Jennings Bryan for the prosecution and Clarence Darrow for the defense, and the trial was followed on radio transmissions throughout the United States.

What was the Scopes v. State case?

John Thomas Scopes and commonly referred to as the Scopes Monkey Trial, was an American legal case in July 1925 in which a high school teacher, John T. Scopes, was accused of violating Tennessee 's Butler Act, which had made it unlawful to teach human evolution in ...

How long did it take for Scopes to be found guilty?

His teachings, and His teachings alone, can solve the problems that vex the heart and perplex the world. After eight days of trial, it took the jury only nine minutes to deliberate. Scopes was found guilty on July 21 and ordered by Raulston to pay a $100 fine (equivalent to $1,500 in 2020).

Why did Clarence Darrow call William Jennings Bryan?

On the seventh day of the trial, Clarence Darrow took the unorthodox step of calling William Jennings Bryan, counsel for the prosecution, to the stand as a witness in an effort to demonstrate that belief in the historicity of the Bible and its many accounts of miracles was unreasonable. Bryan accepted, on the understanding that Darrow would in turn submit to questioning by Bryan. Although Hays would claim in his autobiography that the examination of Bryan was unplanned, Darrow spent the night before in preparation. The scientists the defense had brought to Dayton—and Charles Francis Potter, a modernist minister who had engaged in a series of public debates on evolution with the fundamentalist preacher John Roach Straton —prepared topics and questions for Darrow to address to Bryan on the witness stand. Kirtley Mather, chairman of the geology department at Harvard and also a devout Baptist, played Bryan and answered questions as he believed Bryan would. Raulston had adjourned court to the stand on the courthouse lawn, ostensibly because he was "afraid of the building" with so many spectators crammed into the courtroom, but probably because of the stifling heat.

How long did the confrontation between Bryan and Darrow last?

The confrontation between Bryan and Darrow lasted approximately two hours on the afternoon of the seventh day of the trial. It is likely that it would have continued the following morning but for Judge Raulston's announcement that he considered the whole examination irrelevant to the case and his decision that it should be "expunged" from the record. Thus Bryan was denied the chance to cross-examine the defense lawyers in return, although after the trial Bryan would distribute nine questions to the press to bring out Darrow's "religious attitude". The questions and Darrow's short answers were published in newspapers the day after the trial ended, with The New York Times characterizing Darrow as answering Bryan's questions "with his agnostic's creed, 'I don't know,' except where he could deny them with his belief in natural, immutable law".

How much was Scopes fined?

Scopes was found guilty and fined $100 (equivalent to $1,500 in 2020), but the verdict was overturned on a technicality. The trial served its purpose of drawing intense national publicity, as national reporters flocked to Dayton to cover the big-name lawyers who had agreed to represent each side.

Why did the ACLU oppose the Butler Act?

The ACLU had originally intended to oppose the Butler Act on the grounds that it violated the teacher's individual rights and academic freedom , and was therefore unconstitutional. Principally because of Clarence Darrow, this strategy changed as the trial progressed. The earliest argument proposed by the defense once the trial had begun was that there was actually no conflict between evolution and the creation account in the Bible; later, this viewpoint would be called theistic evolution. In support of this claim, they brought in eight experts on evolution. But other than Dr. Maynard Metcalf, a zoologist from Johns Hopkins University, the judge would not allow these experts to testify in person. Instead, they were allowed to submit written statements so their evidence could be used at the appeal. In response to this decision, Darrow made a sarcastic comment to Judge Raulston (as he often did throughout the trial) on how he had been agreeable only on the prosecution's suggestions. Darrow apologized the next day, keeping himself from being found in contempt of court.

What was the fine for Scopes?

Scopes was found guilty and ordered to pay the minimum fine of $100. A year later, the Tennessee Supreme Court reversed the decision of the Dayton court on a procedural technicality—not on constitutional grounds, as Darrow had hoped. According to the court, the fine should have been set by the jury, not Raulston.

When was Attorney for the Damned published?

"Attorney for the Damned" (Arthur Weinberg, ed), published by University of Chicago Press in 2012 ; Simon and Schuster in 1957; provides Darrow's most influential summations and includes scene-setting explanations and comprehensive notes; on NYT best seller list 19 weeks.

How long did John Caverly sentence Leopold and Loeb?

Darrow succeeded. Caverly sentenced Leopold and Loeb to life in prison plus 99 years.

Why did Leopold and Loeb plead guilty?

Darrow stunned the prosecution when he had his clients plead guilty in order to avoid a vengeance-minded jury and place the case before a judge. The trial, then, was actually a long sentencing hearing in which Darrow contended, with the help of expert testimony, that Leopold and Loeb were mentally diseased.

What did the AFL call on Darrow?

In 1911, the American Federation of Labor (AFL) called on Darrow to defend the McNamara brothers, John and James, who were charged in the Los Angeles Times bombing on October 1, 1910, during the bitter struggle over the open shop in Southern California. The bomb had been placed in an alley behind the building, and although the explosion itself did not bring the building down, it ignited nearby ink barrels and natural gas main lines. In the ensuing fire, 20 people were killed. The AFL appealed to local, state, regional and national unions to donate 25 cents per capita to the defense fund, and set up defense committees in larger cities throughout the nation to accept donations.

Did Clarence Darrow graduate from law school?

The young Clarence attended Allegheny College and the University of Michigan Law School, but did not graduate from either institution. He attended Allegheny College for only one year before the Panic of 1873 struck, and Darrow was determined not to be a financial burden to his father any longer.

What was the purpose of the Scopes Trial?

The trial’s proceedings helped to bring the scientific evidence for evolution into the public sphere while also stoking a national debate over the veracity of evolution that continues to the present day. Scopes Trial.

How much was Scopes fined?

With Raulston limiting the trial to the single question of whether Scopes had taught evolution, which he admittedly had, Scopes was convicted and fined $100 on July 21.

What was the climax of the trial?

The trial’s climax came on July 20, when Darrow called on Bryan to testify as an expert witness for the prosecution on the Bible. Raulston moved the trial to the courthouse lawn, citing the swell of spectators and stifling heat inside.

When did the jury selection begin in the Butler case?

Jury selection began on July 10 , and opening statements, which included Darrow’s impassioned speech about the constitutionality of the Butler law and his claim that the law violated freedom of religion, began on July 13. Judge John Raulston ruled out any test of the law’s constitutionality or argument on the validity of evolutionary theory on the basis that Scopes, rather than the Butler law, was on trial. Raulston determined that expert testimony from scientists would be inadmissible.

Who led the Butler case?

William Jennings Bryan led for the prosecution and Clarence Darrow for the defense. Jury selection began on July 10, and opening statements, which included Darrow’s impassioned speech about the constitutionality of the Butler law and his claim that the law violated freedom of religion, began on July 13. Judge John Raulston ruled out any test of the ...

Who was the fundamentalist who fought against the teaching of evolution in schools?

The Scopes trial in 1925, in which the Fundamentalist champion William Jennings Bryan fought against the teaching of evolution in schools and defended the Genesis record as being scientific, coincided with the climactic battles between liberals and fundamentalists in the mainstream Protestant churches.…

What was the Butler Act?

In March 1925 the Tennessee legislaturehad passed the Butler Act, which declared unlawful the teaching of any doctrine denying the divine creation of man as taught by the Bible. World attention focused on the trial proceedings, which promised and delivered confrontation between fundamentalist literal belief and liberal interpretation of the Scriptures. William Jennings Bryanled for the prosecution and Clarence Darrowfor the defense.

Who was subjected to cross-examination during the Scopes trial?

During the trial, Darrow subjected William Jennings Bryan, a member of the prosecution, to a withering cross-examination that exposed difficulties with Bryan’s views. Although First Amendment issues were not raised at the time, the Scopes trial has since become a landmark legal symbol.

Who was the lawyer who was in the monkey trial?

Clarence Darrow, left, and William Jennings Bryan speak with each other at the "monkey trial" in Dayton, Tenn. in 1925. Darrow was one of three lawyers sent to Dayton by the American Civil Liberties Union (ACLU).

What did Clarence Darrow argue?

Though best known for his role in the Scopes monkey trial, Darrow argued before the Supreme Court that the government's conspiracy and treason laws were unconstitutional violations of the First Amendment. (AP Photo, reprinted with permission from The Associated Press.) Clarence Darrow (1857–1938) was one of America’s most famous ...

What did Debs and the others do in the Supreme Court?

Darrow appealed the decision to the Supreme Court, where he argued that Debs and the others had been convicted of doing and advocating what is lawful — organizing support for a union.

What did Darrow say about conspiracy?

In Darrow’s words, conspiracy was “the modern and ancient drag-net for compassing the imprisonment and death of men whom the ruling class does not like” (1934: 144).

When did Darrow argue against conspiracy laws?

In 1895 Darrow had the chance to argue against conspiracy laws in front of the Supreme Court.

Why did the government pass laws that restricted advocacy of ideas considered incompatible with the existing order?

In response to the perceived risk and the “ red scare ” hysteria of the early 1900s, the government passed laws that, in effect, restricted advocacy of ideas considered incompatible with the existing order.

When did Darrow ask the jury to find Scopes guilty?

Verdict. On the morning of Tuesday, July 21, Darrow asked to address the jury before they left to deliberate. Fearing that a not guilty verdict would rob his team of the chance to file an appeal (another opportunity to fight the Butler Act), he actually asked the jury to find Scopes guilty.

Why was Scopes arrested?

The ACLU was notified of the plan, and Scopes was arrested for violating the Butler Act on May 7, 1925. Scopes appeared before the Rhea County justice of the peace on May 9, 1925, and was formally charged with having violated the Butler Act—a misdemeanor. He was released on bond, paid for by local businessmen.

Why did the citizens of Dayton want to arrest Scopes?

The citizens of Dayton were not merely trying to protect biblical teachings with their arrest of Scopes ; they had other motives as well. Prominent Dayton leaders and businessmen believed that the ensuing legal proceedings would draw attention to their little town and provide a boost to its economy. These businessmen had alerted Scopes to the ad placed by the ACLU and convinced him to stand trial.

What was the scopes trial?

On July 21, Scopes was found guilty and fined $100, but the fine was revoked a year later during the appeal to the Tennessee Supreme Court. As the first trial was broadcast live on radio in the United States, the Scopes trial brought widespread attention to the controversy over creationism versus evolution .

How much was the fine for Scopes?

After only nine minutes of deliberation, the jury did just that. With Scopes having been found guilty, Judge Raulston imposed a fine of $100. Scopes came forward and politely told the judge that he would continue to oppose the Butler Act, which he believed interfered with academic freedom; he also protested the fine as unjust. A motion was made to appeal the case and was granted.

What was the name of the trial in Tennessee?

The Scopes "Monkey" Trial (official name is State of Tennessee v John Thomas Scopes) began on July 10, 1925, in Dayton, Tennessee. On trial was science teacher John T. Scopes, charged with violating the Butler Act, which prohibited the teaching of evolution in Tennessee public schools. Known in its day as "the trial of the century," ...

When was the Scopes Trial made into a movie?

A fictionalized version of the Scopes Trial, Inherit the Wind, was made into a play in 1955 and a well-received movie in 1960. The Butler Act remained on the books until 1967, when it was repealed. Anti-evolution statutes were ruled unconstitutional in 1968 by the U.S. Supreme Court in Epperson v Arkansas.

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Overview

The Scopes trial, formally The State of Tennessee v. John Thomas Scopes, and commonly referred to as the Scopes Monkey Trial, was an American legal case from July 10 to July 21, 1925, in which a high school teacher, John T. Scopes, was accused of violating Tennessee's Butler Act, which had made it unlawful to teach human evolution in any state-funded school. The trial was deliberately st…

Origins

State Representative John Washington Butler, a Tennessee farmer and head of the World Christian Fundamentals Association, lobbied state legislatures to pass anti-evolution laws. He succeeded when the Butler Act was passed in Tennessee, on March 25, 1925. Butler later stated, "I didn't know anything about evolution ... I'd read in the papers that boys and girls were coming home from school and telling their fathers and mothers that the Bible was all nonsense." Tennessee governor Austin …

Dayton, Tennessee

The American Civil Liberties Union (ACLU) offered to defend anyone accused of teaching the theory of evolution in defiance of the Butler Act. On April 5, 1925, George Rappleyea, local manager for the Cumberland Coal and Iron Company, arranged a meeting with county superintendent of schools Walter White and local attorney Sue K. Hicks at Robinson's Drug Store, convincing them that the c…

Proceedings

The ACLU had originally intended to oppose the Butler Act on the grounds that it violated the teacher's individual rights and academic freedom, and was therefore unconstitutional. Principally because of Clarence Darrow, this strategy changed as the trial progressed. The earliest argument proposed by the defense once the trial had begun was that there was actually no conflict between evolution and t…

Appeal to the Supreme Court of Tennessee

Scopes' lawyers appealed, challenging the conviction on several grounds. First, they argued that the statute was overly vague because it prohibited the teaching of "evolution", a very broad term. The court rejected that argument, holding:
Evolution, like prohibition, is a broad term. In recent bickering, however, evolution has been understood to mean the theory which holds that man has developed from some pre-existing low…

Aftermath

The trial revealed a growing chasm in American Christianity and two ways of finding truth, one "biblical" and one "evolutionist". Author David Goetz writes that the majority of Christians denounced evolution at the time.
Author Mark Edwards contests the conventional view that in the wake of the Scopes trial, a humiliated fundamentalism retreated into the political and cultural background, a viewpoint whic…

Publicity

Edward J. Larson, a historian who won the Pulitzer Prize for History for his book Summer for the Gods: The Scopes Trial and America's Continuing Debate Over Science and Religion (2004), notes: "Like so many archetypal American events, the trial itself began as a publicity stunt." The press coverage of the "Monkey Trial" was overwhelming. The front pages of newspapers like The New York Times were dominated by the case for days. More than 200 newspaper reporters from all p…

Courthouse

In a $1 million restoration of the Rhea County Courthouse in Dayton, completed in 1979, the second-floor courtroom was restored to its appearance during the Scopes trial. A museum of trial events in its basement contains such memorabilia as the microphone used to broadcast the trial, trial records, photographs, and an audiovisual history. Every July, local people re-enact key …