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Scopes Trial
The Trial Gavel Heard Round the World

Volume #4
Spring 2007

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Dr. Richard M. Cornelius, PhD

The impact of The State of Tennessee vs. John Thomas Scopes has been rarely surpassed by that of other trials in the history of the world or even by other news stories of the last century. Popularly referred to as the "Scopes Trial," it is almost without exception included in surveys of the world's great court cases and in encyclopedias of essential general knowledge.

Starting off with a big bang in July 10-12, 1925, the fireworks of the eight-day trial drew to Dayton (population ca. 1,800 and county seat of agricultural Rhea County) swarms of news media representatives totaling over two hundred. In the words of twenty-five-year veteran Michael Williams of The Commonweal, "There is a bigger representation of writers, telegraphers, artists, photographers and the other items of the newspaper circus than at any other big story since the naval limitation conference at Washington" (22 July 1925: 262).

Notable names abounded both among press representatives -- Bugs Baer, Heywood Broun, Watson Davis, Joseph Wood Krutch, H. L. Mencken, Adolph Ochs, Westbrook Pegler -- and publications -- Baltimore Sun, Boston Globe, Chicago Tribune, London Times, The Nation, New York Times, Philadelphia Inquirer, St. Louis Post Dispatch. In China twenty-seven newspapers published full daily cable accounts of the Scopes proceedings. Chicago radio station WGN sent a crew and made Scopes the first live national radio broadcast of an American trial.

But quantity does not necessarily result in quality, and the story of the press coverage of. the Scopes Trial in 1925 has been in the main a sorry one of superficial sensation, unjustified bias, and inexcusable ignorance or disregard of some of the significant issues at stake and positions held by the principals. Without any proof offered, Bryan was vilified by reporters such as H. L. Mencken, who referred to him as "a charlatan, a mountebank, a zany without shame or dignity" (Baltimore Evening Sun, 27 July, 1925; reprinted in American Mercury, Oct. 1925, and Prejudices: Fifth Series, 1926).

Reporters came with preconceived provincial notions or premeditated editorial directives about such matters as small Southern towns, Fundamentalist Christians, the status of the evolutionary hypothesis, and the nature of truth. When a local businesswoman asked one reporter why he did not attend the trial sessions, he replied, "I don't have to know what's going on; I know what my paper wants me to write." When she asked another reporter about a ludicrous description of Dayton natives he had written, he explained that his editor expected colorful accounts (Interview with Mrs. E. B. Arnold, 4 Aug. 1976).

Unlike most trials, Scopes was a trial of ideas based on a confrontation of worldviews, and in general the members of the press could not or would not handle such heavy philosophizing lest their editors or readers would object. The results were that the trial was mislabeled "Monkey Trial" though the status of mankind's supposed monkey ancestors was not the true central focus. The majoritarian rights argument for taxpaying parents to have a say in their children's education was shouted down by outcries for libertarian free speech. The academic freedom of students to be taught all major facets of controversial issues was--as usual--ignored in favor of the academic freedom of teachers to de­clare what they believed. Scopes was attired in martyr's robes. Biblical religion was portrayed as the intellectually blind, dusty, dated, and dangerous disturber of the peace and progressive programs of the new god of modern, open-minded, intellectual, urbane science.

Scopes never really taught evolution. The big bang reporting in 1925 has resulted in intermittent little bangs of feature articles over the years, which for the most part have tended to repeat the errors and misrepresentations of the first generation of Scopes reporters. Many historians have compounded the errors by leaning on the press reports rather than reading the trial transcript and interviewing participants and spectators.  Most books on the trial are marred by occasional factual errors and colored by strong anti-Bryan or pro-evolution bias. Readers have to sift through the chaff of misinformation, which leads to faulty interpretations and results in biased opinions and warped conclusions.

The emotional over-reaction of the news media and their biased presentation of the 1999 action of the Kansas Board of Education regarding science standards was reminiscent of similar reporting of the 1925 Scopes case and has resulted in the general public not having an accurate and fair account of what happened. 

Probably the chief factor in the creation and continuation of the Scopes Trial impact was the enunciation of the pertinent principles by an outstanding galaxy of prestigious principals who participated in the trial. The New York-based American Civil Liberties Union triggered this trial of titans by advertising for a Tennessee teacher to help them test Tennessee’s Butler Act and thus gain recognition for their newly restructured and renamed organization. The ACLU sent the brilliant Arthur Garfield Hays to head up their delegation.

The entrance of William Jennings Bryan, who accepted the invitation of the local promoters, undoubtedly had the most influence on escalating the trial to major-league proportions since he was a three-time presidential candidate, former Secretary of State, world renowned orator and writer, and life-long crusader for progressive causes and the rights of the common man.

Bryan's involvement prompted Clarence Steward Darrow, America's foremost criminal lawyer, to volunteer his services and to bring along internationally known divorce court lawyer Dudley Field Malone. Meanwhile back in Dayton, law school dean Dr. John R. Neal told Scopes, "whether you want me or not, I'm going to be here" (Center of the Storm: Memoirs of John T. Scopes 63).

Heading up the prosecution for the state of Tennessee was District Attorney General A. T. Stewart, who later became a U.S. senator. Some others assisting Stewart were former Assistant Attorney General Ben G. McKenzie (who had argued a case before the U. S. Supreme Court), Sue K. Hicks (the original Boy named Sue, who later became a judge), and William Jennings Bryan, Jr.

The defense brought in famous scientists and theologians to testify: Dr. Shailer Matthews, Dean of the Divinity School of the University of Chicago; Dr. Fay Cooper Cole, professor of anthropology at the University of Chicago; Dr. Kirtley F. Mather, chairman of the Department of Geology of Harvard; Dr. Winterton C. Curtis, chairman of the Department of Zoology of the University of Missouri; Dr. Herman Rosenwasser, rabbi linguist from San Francisco; Dr. Maynard M. Metcalf, zoologist from Johns Hopkins, Wilbur A. Nelson, state geologist of Tennessee; Dr. Jacob Lipman, Dean of the College of Agriculture at Rutgers, Dr. Charles Hubbard Judd, Director of the School of Education at the University of Chicago; and Dr. Horatio Hackett Newman, Dean of the College of Science at the University of Chicago. Their testimony was excluded by Judge John T. Raulston from being an official part of the trial proceedings because under the Tennessee statute regarding expert witnesses in a jury trial, it was irrelevant to the single basic question of whether or not Scopes had broken the law. But since the defense was permitted by the Judge to enter the statements of the experts into the record in the absence of the jury for the sake of the appellate court, the presence and testimony of such notables helped underscore the importance of the trial.

The commentaries of even more famous people further enhanced the fame and influence of the trial: Felix Frankfurter, Norman Thomas, George Bernard Shaw, Edgar Lee Masters, Albert Einstein, Dr. Howard A. Kelly, H. G. Wells, Billy Sunday, Luther Burbank, and President Calvin Coolidge.  Because of all the Scopes Trial participants William Jennings Bryan has suffered the most at the hands of biased journalistic stories, superficial historical and biographical studies, twisted literary productions, and even the thoughtless misinterpretations of fellow Christians, an overview of Bryan's outlook and activity is a necessity for a fairer and more balanced evaluation of his role in the evolution controversy.

Bryan's first published discussion of evolution was in his oration "The Prince of Peace" (1904). In it he raises questions about the evolutionary position, such as its basic starting assumption (Bryan begins by assuming "a Designer back of the design"), its insufficient evidence ("you shall not connect me with your family tree [of monkeys] without more evidence than has yet been produced"), its de-emphasis on the mind and soul ("The mind is greater than the body and the soul is greater than the mind, and I object to having man's pedigree traced on one third of him only--and that the lowest third"), disagreements among Darwinian scientists, and the fact that "Darwinian theory represents man as reaching his present perfection by the operation of the law of hate--the merciless law by which the strong crowd out and kill off the weak." Bryan comments, "I prefer to believe that love rather than hatred is the law of development."

In his personal, political, and religious endeavors up through about 1920, William Jennings Bryan was involved with a long list of activities and programs: raising a family; operating a farm and a law practice; running successfully for Congress two times and unsuccessfully for president three times; leading the Democratic Party for some fifteen years; serving as Woodrow Wilson's Secretary of State and negotiating peace treaties with thirty nations; editing a national newspaper; writing over fifteen books and numerous articles and orations; lecturing some two hundred times a year on the Chautauqua and other circuits as well as at colleges, civic meetings, and various groups of Protestants, Catholics, and Jews; writing weekly Sunday School lessons that were nationally syndicated and reprinted in 110 newspapers; maintaining friendships and a correspondence with scores of famous and common people; and championing a host of progressive causes and reforms (many of which were new, unpopular, and bitterly opposed by Bryan's political enemies or rivals)--woman suffrage, a graduated income tax, direct election of senators, prohibition of liquor, public disclosure of newspaper ownership and the signing of editorials, workman's compensation, minimum wage, eight-hour day, improved conditions for seamen and railroad employees, prohibition of injunctions in labor disputes, public regulation of political campaign contributions, Federal Reserve Act, Federal Trade Commission, Federal Farm Loan Act, government regulations of railroads and telegraph/ telephone, safety devices and pure food processing, tariff reform, control of trusts, government control of currency and banking, the initiative, the referendum, establishment of departments of health and education and labor, promotion of public parks, defense of rights of minorities, anti-imperialism, settling of international differences through peaceful arbitration, support of education (including African-American education), strengthening of Latin American relations, helping to found the University of Miami, voting reform, influence on the revision of state constitutions, reform to make the Constitution more easily amendable, promotion of Florida as a good place to live and work, raising an endowment fund for the University of Florida, preservation of conservative theology and leadership at the national level of the Presbyterian Church, support of the American YMCA, and establishment of YMCA's across Canada.

About 1920, Bryan began to turn his attention increasingly to the evolution controversy. Consistent with his lifelong concern with progressive programs to meet the needs of the majority of the people, Bryan initiated his crusade against evolution primarily because of its dangerous ramifications commonly known as Social Darwinism. In The Memoirs of William Jennings Bryan, Mary Baird Bryan refers to numerous instances when students or their parents informed the Great Commoner "that the teaching of evolution as a fact instead of a theory caused the students to lose faith in the Bible . . . and later in other doctrines which underlie the Christian religion" (479).  In "The Last Message," Bryan discusses The Science of Power (1918) by Benjamin Kidd, who traced the root of Darwinian struggle for existence to the branches of Nietzsche's materialistic philosophy, which "denounced Christianity as the `doctrine of the degenerate,' and democracy as `the refuge of weaklings,"' and led to the poisonous fruit of German militarism in World War I.

Focusing primarily on the Darwinian explanation for the origin of man and disturbed by the absence of sufficient proofs and the presence of dangerous ramifications regarding countries with disputes, employers and employees with disagreements, and family members with differences, Bryan embarked on a course that had all the earmarks of being reasonable, fair, and balanced.

Described by his wife in the Memoirs as "a firm believer in the doctrine of complete separation of Church and State," Bryan asserted "that all sects should advance their religion by their own efforts and at their own expense, unaided by the State...He argued that if the power of the State could not be properly used to advance religion, it followed as a matter of course that the power of the State must not be used to attack religion." He believed that such a position was not "an interference with freedom of conscience or freedom of speech, or even with `academic' freedom" any more than prohibiting a Roman Catholic teacher from teaching Catholicism in the public schools would be. Having enunciated that "a theory which when taught as fact tended to destroy belief in the truth of the Bible," his strategy was "first, to establish the right of taxpayers to control what is taught in their schools; second, to draw a line between the teaching of evolution as a fact and teaching it as a theory; and third, to see that teachers proven guilty of this offense should be given an opportunity to resign."  

Finally he was concerned "that care must be taken at this point that no religious zeal should invade this sacred domain [of individual religious belief] and become intolerance" (458-460, 485). On many occasions from 1920 to the end of his life, Bryan reiterated this position, carefully spelling it out that he was not against the teaching of evolution as a hypothesis, that it deserved to be thoughtfully considered, and that teachers should not be fined but reprimanded for teaching it as a fact and for attacking the Bible.

Not only has Bryan's position regarding evolution often been misconstrued, but also his actions during the Scopes Trial have usually been misrepresented. Unlike visiting defense attorneys Clarence Darrow and Dudley Field Malone, who did what the ACLU had feared and preempted the vocal leadership of the defense team, visiting prosecuting attorney William Jennings Bryan adhered to the role of an out-of-state counsel and did not begin to take an active vocal role until the fifth day of the eight-day trial.

His remarks on this day are distinguished by clever and witty turns of phrases, clear summary of previous points in the proceedings, vivid illustrations, a favorite Bryan device of turning the tables on his opponents and showing their inconsistency (he refers to Darrow's argument in the Loeb and Leopold case, which was the reverse of his argument in the Scopes case in that Darrow recognized the dangers of teaching students the philosophy of Nietzsche, who was influ­enced by evolution), awareness of problems with Darwinian theory that even other evolutionists reject (e.g., Darwin's idea of sexual selection), careful definitions of terms, and subtle sarcasm colored by an anti-Republican Party gibe that apparently was not grasped by Malone or Mencken about man being classified in an indistinguishable way in Hunter's Civic Biology with "3499 other mammals. Including elephants?" (Trial Transcript 175)

Bryan's performance on the seventh day, when he agreed to go on the witness stand and be interrogated by Darrow if he could put Darrow, Malone, and Hays on the stand has been the object of diverse evaluations. Bryan was not legally obliged to take the stand, but he felt personally obligated to bear witness for his Lord. Humanly speaking, it was unwise for Bryan to take the risk of exposing himself to his opponents' questions since he was not prepared but they were. They had even rehearsed handling rebuttal responses to Bryan's answers by having Dr. Kirtly Mather, Harvard geologist and Baptist Bible school teacher, answer as he supposed Bryan might. In addition, they did not intend to go through with the agreement to let Bryan question them on the stand the next day.

For about two hours Darrow hammered away at his Christian counterpart with questions ranging over some fifty topics. Many of them seemed repetitious and were perhaps designed to wear down or trip up the Christian Crusader. Some of Darrow's questions were impossible to answer: "Do you know about how many people there were on this earth 3,000 years ago?" Bryan responded, "You ought not to ask me a question when you don't know the answer." Many seemed designed to tempt Bryan to hazard a guess or to interpret Scripture. When Darrow asked, "Did you ever discover where Cain got his wife?" Bryan replied, "No, sir; I leave the agnostics to hunt for her." Had Bryan yielded to the temptation to avoid appearing ignorant by suggesting that perhaps Cain married his sister, Bryan would have opened himself to the accusation of approving incest or interpreting Scripture loosely and then would have been trapped into having to accept the defense's interpretation of Genesis to accommodate evolution.

In the lengthy interrogation, Bryan was careful to define terms, adhere to known Biblical facts, and distinguish between literal and figurative language in interpreting Scripture (thus making a clear and significant distinction between the literal inspiration of all Scripture and the literal interpretation of only the non-figurative part of it).

Bryan refused to accept Darrow's paraphrase of Biblical passages but humorously forced the self-proclaimed agnostic to read aloud the passages in question. By turns Bryan was cautious ("The Bible doesn't say, so I am not prepared to say."), clever (when asked if all creatures not on the ark were destroyed, Bryan replied, "I think the fish may have lived."), crafty (Bryan tried to include in his answers such scientific statements as the Bible's refer­ence to the circularity of the earth), and considerate of scientific theories (Bryan refers to Einstein's theory of relativity and acknowledges that though it would have been "easy for the kind of God we believe in to make the earth in six days," Bryan does not think that the Genesis word for day "necessarily means a twenty-four-hour day").

The drift of questions and their somewhat circumscribed answers tended to portray Bryan as a student of the Judeo-Christian Scriptures and other religions but not of science or ancient civilizations (Trial Transcript 284-303). In spite of the advantages Darrow had in determining the flow of questions, in approximately 70% of the questions and answers Bryan bested Darrow, in about 20% Darrow outshone Bryan, and in about 10% it was a draw. Probably the best rebuttal for the poison pen portraits of Bryan's performance during the Scopes Trial by the press and versions of Inherit the Wind is his "Last Message," which he wrote up in the five days he lived after the trial, which surveys many of the points he made during the trial, and which was originally designed to be the summation of the case for the prosecution.

It was undoubtedly good for the cause of true interpretations of the Bible and of science that the Scopes Trial did not debate the claims of each. In 1925 there were no creationist Christians with doctoral degrees in science to come to Bryan's aid, and scientific experts for the defense tended to rely on such evidence for evolution as the Piltdown man and the Java man and were forced to accept the textbook Scopes supposedly used (Hunter's Civic Biology), which was blatantly racist and had other serious faults.

The 1955 play, Inherit the Wind, has continued to be in print, has gone through four Hollywood/television film versions starring outstanding actors, has appeared on Broadway in two different eras, has been a favorite of community and collegiate theaters, and has been studied in schools and universities in such diverse classes as English, history, science, social studies, and theater. So popular and pervasive has been this play that it is very likely most people's knowledge and opinions of the Scopes Trial have been fashioned by it. Ironically, most readers or viewers do not note the authors' preface and stage directions, for Jerome Lawrence and Robert E. Lee clearly state "Inherit the Wind is not history" and make other assertions--some subtle and deliberately veiled--to alert the audience to view this play as a parabolic attack on the communistic investigations of Senator McCarthy's committee. In fact, one of the writers of the 1960 screenplay version of Inherit, Nedrick Young, was blacklisted by McCarthy, wrote under the pseudonym of "Nathan E. Douglas," and saw his credits restored only as late as 1997. In Inherit the Wind Lawrence and Lee omit crucial facts, add imaginative fiction and print a twisted account of the historical Scopes trial.  In brief, Inherit the Wind may be viewed as arresting theater, but it should not be considered accurate history.

One positive response to the negative impact of the journalistic coverage of the Scopes Trial was the founding of over one hundred creationist associations, which were a result to varying degrees of the trial: the Religion and Science Association, the American Scientific Affiliation, the Creation Research Society, the Bible-Science Association, the Institute for Creation Research, and Answers in Genesis.

The impact of the Scopes Trial is seen in the founding of William Jennings Bryan Memorial University (now called Bryan College). During Mr. Bryan's stay in Dayton at the time of the trial, local citizens and others conceived of the idea of a Christian school named in Bryan's honor. They invited Bryan to inspect various possible sites. Bryan's death five days after successfully concluding the trial gave impetus to the idea, and within two months there was an official organization. Ten of the original nineteen incorporators had Scopes Trial connections.

In 1930, despite the Great Depression, when banks failed, companies disbanded, and schools closed, Bryan University began classes in the now-abandoned Rhea Central High School building and utilized Scopes's former science lab. And as graduates of Bryan College fulfill the college mission statement as "servants of Christ to make a difference in today's world," the impact of William Jennings Bryan and the Scopes Trial continues to be felt.

* Richard M. Cornelius, Ph.D., “Introduction,”  excerpted with permission from Impact (Dayton, Tennessee: Bryan College, 2000) pp. v-xiii.  Dr. Cornelius, retired chairman of the Bryan College English department,  is a well-known Scopes Trial authority.  Copies of the paper bound Impact can be obtained at a modest cost through Bryan College, PO Box 7000, Dayton, TN 37321-7000; phone (423) 775-2041.


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