Jerry Summers: Scopes - The Missing Argument

  • Thursday, March 13, 2025
  • Jerry Summers
Jerry Summers
Jerry Summers

The transcript of the record of the historic “monkey trial” in Dayton, Tn., in the July, 1925, voluminous record includes lawyers arguing over each other’s comments at hearings on motions outside the presence of the 12-member trial jury and the brief testimony of four prosecution witnesses. The superintendent of the Rhea County school system and two high school students testified that Scopes had taught the banned topic as a substitute teacher using a textbook, Hunter’s Civic Biology, that discussed the subject of Evolution.

The last brief witness Frank E. Robinson was a local druggist who expressed his opinion that using the above biology book would be in violation of the state anti-evolution (Butler) act passed by the state legislature in January, 1925, who also admitted that he sold the textbook at his pharmacy.

Defense attorney Clarence Darrow used the unexpected trial tactic of calling William Jennings Bryan as a hostile (and only defense) witness which has been memorialized in writings, Broadway plays, and film (Inherit the Wind- 1960).

Mr. Darrow was also able to prevent Mr. Bryan from making a final closing argument to the jury which he had already prepared, exceeding 15,000 words.

Mr. Darrow asked the jury to find Scopes guilty and the prosecution agreed to the suggestion and no further arguments would be made by either side.

Whether the defense attorneys’ spontaneous comments would have constituted a closing argument to “open the door” and allow Mr. Bryan to give his fiery, historical and Biblical arguments was never addressed.

However on Friday, July 24, “The Great Commoner,” had met with Chattanooga News editor, George Fort Milton, and arranged to publish the intended address in anticipation of delivering its contents to audiences across the country after the trial’s conclusion.

Ultimately, it was printed and distributed as “a photographic reproduction of the original booklet printed by the Bryan Memorial Association after its meeting on Bryan’s birthday anniversary in 1929.”

The One Hundred Year Anniversary of the 1925 trial is scheduled to be celebrated with a variety of events beginning in March through July in Dayton and Chattanooga areas at Bryan College and the historic Rhea County Courthouse.

The University of Tennessee at Chattanooga will also present an address on March 20, 2025 by Pulitzer Prize in History winner, Edward J. Larson, author of “Summer of the Gods” at the McKenzie Arena beginning at 6 p.m.

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If you have additional information about one of Mr. Summers' articles or have suggestions or ideas about a future Chattanooga area historical piece, please contact him at jsummers@summersfirm.com)

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