Scopes Trial
Rhea County, Tennessee
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