Scopes Trial
Rhea County, Tennessee |
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The conflict
began
when the Tennessee legislature passed the
Butler Act,
“which
prohibited
the teaching of evolution
in any school.”
Mencken read in the
newspapers,
and: “By chance
he was visiting
the novelist James Branch Cabell
in Richmond when the most controversial
trial lawyer in America,
Clarence Darrow,
was likewise in Richmond making a speech.”
They met at Cabell’s home and “Mencken urged Darrow
to volunteer as one of the attorneys
for Scopes’s defense.
He needed only a little urging.
The central issue
was the freedom of man
to use his mind,
as Darrow and Mencken both saw it”.
Darrow had already
clashed 
with William Jennings
Bryan
in the pages of the Chicago Tribune;
and was delighted that Bryan had joined
the prosecution.
“Nobody gives a damn
about that yap schoolteacher,”
Mencken told him.
“The thing to do is to make a fool
out of Bryan.”
H.L. Mencken
covered the trial for the Baltimore
Evening Sun.
Bryan
spent most of the two days after the
Scopes Trial
in Dayton
dictating to his secretary
his undelivered
closing speech—
the speech Bryan called
“the mountain peak of my life’s effort.”
At three o’clock Sunday July 26, 1925,
five days after the conclusion of the famous Scopes trial,
Bryan laid down for a nap.
He never woke up.
Bryan’s arrival
in Knoxville
was actually a day late.
He had made plans with Knoxvillian
Herbert Sanford to come here on Tuesday,
to see the newly opened Great Smoky Mountains,
to speak to a Knoxville Sunday-school class,
and stay overnight in
Elkmont.
Bryan’s
funeral train,
Southern Railroad Number 42, passed through Knoxville:
“like the barge that carried King Arthur away”
to his burial in Arlington National Cemetary.
H.L. Mencken
wrote a scathing
obituary
about Bryan,
in which he observes that:
“The legislature of
Georgia,
so the news comes, has shelved the
anti-evolution
bill, and turns its back
upon the legislature of Tennessee.”
“The evil that men do lives after them.
Bryan, in his malice, started something that will not be easy to stop.”
“He seemed preposterous, and hence harmless.
But all the while he was busy among his old lieges,
preparing for a jacquerie that should floor all his enemies at one blow.
He did the job competently. He had vast skill at such enterprises.
Heave an egg out of a Pullman window,
and you will hit a
Fundamentalist
almost anywhere in the United States today.”
Clarence
Darrow
“waived the defense’s right
to make a closing statement”
to prevent Bryan from closing the prosecution
with a
summation
speech that he had prepared.
John R. Neal
joined the faculty of the Law School
in 1917 at the
University
of Tenneesee
in Knoxville,
and taught there until 1923.
He was “chief defense counsel”
for John T. Scopes;
and was delegated to write the
appeal
to the Tennessee Supreme Court.
These items are listed in the
collection
of his papers:
“Series III: The Scopes Trial and Political Career.”
“Box 3 Folder 2: Brief
(Appeal to Tennessee
Supreme Court).
“Item 1: Brief -
apparently filed in Supreme Court.
“Item 2:
Petition to Rehear.”
The
Tennessee Constitution,
Article VI, Section 6,
prohibits a judge from setting a fine
exceeding $50.
Chief justice Grafton Green
urged the Tennessee SUPREME COURT
to nolle pros
the case
and reverse the
conviction.
“The trial judge exceeded his jurisdiction
in levying this fine,”
(of $100.) and
“Since a jury alone can impose
the penalty this Act
requires, and as a matter of course
no different penalty can be inflicted,”
and we are without power to correct his error.
The judgment must accordingly
be reversed.
Upchurch v. State, 153 Tenn. 198.”
“A story
attributed to Darrow is his quip to a client,
who, after winning, said,
‘How can I ever show my appreciation, Mr. Darrow?’
Darrow replied, ‘Ever since the Phoenicians invented money,
there has been only one answer
to that question.’ ”
“in his entire legal career Darrow
only ever accepted one
pro bono
case - John Scopes of the Scopes
Monkey Trial fame.
Even on that one occasion Darrow acted from necessity.
He badly wanted to take part in the trial,
but Scopes was in no position to pay him,
and the ACLU,
who were paying all of Scopes’
legal costs,
didn’t want Darrow involved in the trial
and certainly wouldn’t have agreed
to pay him.”
H. L.
Mencken
wrote other articles about this trial.
The Scopes Trial was considered the
“Trial
of the Century.”
Pictures
document the events and people.
“It’s not just a good idea;
it’s the law,”
Texas Evolution Massacre!
ReTrial Petition
The
Butler Act,
Trial,
Repeal
(P. 147).
Friday,
4 May, 2007
Mike Huckabee said:
He “can accept that
others believe that
they and their families
come from apes.”
“Competition
Is A Sin! ”
In
Doctrine Nation.
LandGrab.US
Eminent Domain -
Condemnation:
reduces Private Property
to a priviledge,
and creates Nomads.
Isonomia.US
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