Jerry Summers
The entrance of famed criminal defense lawyer, Clarence Darrow, and three-time unsuccessful presidential candidate but master politician, William Jennings Bryan, into the historical Scopes Trial in Dayton, Tennessee, in July 1925 promised many hours of stimulating and emotional jury arguments, but it was not destined to happen.
Darrow, throughout his career of defending both the rich and famous and the poor and downtrodden, had developed the ability to mesmerize juries. He also had been charged and acquitted of a charge of bribery of a petit jury in Idaho in a labor dispute.
Bryan had substituted politics for law, but also possessed the ability of being able to stir the passions of attendees at political rallies in his campaigns for the presidency of America.
Most of the testimony presented dwelt on the subject of the constitutionality of a Tennessee statute banning the teaching of evolution in the public schools of the state that was never heard by the 12-member farmer dominated jury.
With only a couple of students from the local high school testifying that John T. Scopes had taught the subject of the origin of man, and that the testimony of the defense's multiple expert witnesses attacking the legality of said newly enacted law being excluded the case quickly proceeded to the anticipated closing argument speeches of the various attorneys, but particularly to hear the famous oratory skills of Darrow and Bryan.
Under Tennessee criminal law, the state prosecution has the burden of making the first opening argument and the right to answer and refute any defense arguments by being allowed to submit the final words to the jury.
After the seated panel was brought back into the courtroom, it was agreed by both sides that the case would go to jury for their consideration without further argument, except for a joint request by District Attorney Tom Stewart, and defense counsel, Clarence Darrow, that finding of guilty against scopes be made in order that the constitutionality of the statute be made directly to the Tennessee Supreme Court.
Although the High Court was never presented the question of whether the appellate record (testimony, exhibits, motions, affidavits excluded testimony, etc.) the guilty verdict, and the judge imposed a fine of $100 that was illegal (only a jury could set a fine of $50 under a separate provision of the Tennessee constitution) they created a separate problem for William Jennings Bryan.
Both sides agreed to waive closing arguments, and the politician from Nebraska (Bryan) was then unable to present his version of the significance of the case to the crowded courtroom and nationwide radio audience, which some thought was an attempt to resurrect his political career for a fourth try for the presidency (sounds like 2028).
He had prepared what would have been a 15,000-word closing argument that was never presented in court upon request by a journalist at attending the historical event, Bryan personally delivered the draft to a Chattanooga printer for publication.
In 1980 at the celebration commemorating the 50th anniversary of the creation of the Bryan College in 1830 the last message of William Jennings Bryan was made available to those attending the ceremonies. It is anticipated that copies will likewise be in abundance at the festivities in July, 2025, recognizing the 100th anniversary of the Scopes Trial in Dayton.
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