Jerry Summers
Who was he? Read on.
In accordance with our practice of picking out topics and the names of individuals that appear in the trial transcript or written accounts pertaining to the historic 1925 Scopes trial in Dayton, Tn., the name of Walter Malone (1866-1915) becomes relevant.
He was born in De Soto County, Mississippi which is 13 miles from Memphis, and early on expressed and developed a lifelong interest in in writing poems and prose. At the age of 13-14 he wrote several articles which were published in the Louisville Courier-Journal and at the age of 16 wrote a book of 300 pages of poems and articles that were allegedly the “largest book of verse ever printed by a boy under the age of 21.”
In 1885, while attending the University of Mississippi, he wrote a second volume of poems “The Outcast and Other Poems,” which received favorable comments from several acknowledged authorities, including Oliver Wendell Holmes.
After graduation Malone was admitted into the Mississippi legal community and would move to Memphis to engage in the practice of law, but continued to produce poems and short stories on a more limited basis.
In 1897 he retired from the practice of law and moved to New York City to pursue a literary career for three years.
Returning to Memphis in 1900 he renewed his dual legal and writing careers.
In 1905 he was appointed Judge of the Second Circuit of Shelby County, and later was re-elected and remained in the office until his death on May 18, 1915.
WHAT DOES HE HAVE TO DO WITH THE SCOPES TRIAL?
1. On two occasions alleged references are made about Judge Malone’s most widely known poem “Opportunity” written in 1904 shortly before the attorney became a judge in 1905.
2. William Jennings Bryan (WJB) had anticipated making the final rebuttal argument for the prosecution and had prepared an eventual 15,000 word draft.
However when District Attorney General Tom Stewart and defense counsel Clarence Darrow agreed to waive closing arguments William Jennings Bryan (WJB) lost his “opportunity” to make his impassioned oration in defense of the Anti-Evolution Act (Butler) which might have resurrected a possible fourth campaign for president of the United States.
Whether at the request of journalists present at the trial or Bryan’s own initiate he gave a draft to the press and “The Great Commoner” also personally delivered a copy to a Chattanooga printer.
The proposed rambling speech with scientific, religious, and possible political implications, later became a public document under its copyright for the cost of 25 cents.
Bryan makes reference to the insertion of the famous poem in his undelivered remarks to the jury:
“Your honor has quoted from a wonderful poem written by a great Tennessee poet, Walter Malone. I venture to quote another stanza which puts into exquisite language the new opportunity which a merciful God gives to every one who will turn from sin to righteousness.
"Though deep in mire, wring not your hands and weep;
I lend my arm to all who say, 'I can.'
No shame-faced outcast ever sank so deep
But he might rise and be again a man."
There are no lines like these in all that evolutionists have ever written. Darwin says that science has nothing to do with the Christ who taught the spirit embodied in the words of Walter Malone, and yet this spirit is the only hope of human progress.”
In the 1980 celebration commemorating the 50th anniversary of Bryan College in Dayton that was created in WJB’s memory in 1930, copies of the undelivered speech were distributed to persons in attendance.
Copies are still available in the small museum in the basement of the historic original Rhea County Courthouse.
(The author of this article (and others) have been unable to locate the trial judges’ reference to the poem “Opportunity” in the official transcript, which may add another mystery concerning the Scopes Trial after 100 years?)
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