Day 8 

Darrow asks jury to return a verdict of "guilty"

Darrow--May I say a few words to the jury? Gentlemen of the jury, we are sorry to have not had a chance to say anything to you. We will do it some other time. Now, we came down to offer evidence in this case and the court has held under the law that the evidence we had is not admissible, so all we can do is to take an exception and carry it to a higher court to see whether the evidence is admissible or not. As far as this case stands before the jury, the court has told you very plainly that if you think my client taught that man descended from a lower order of animals, you will find him guilty, and you heard the testimony of the boys on that questions and heard read the books, and there is no dispute about the facts. Scopes did not go on the stand, because he could not deny the statements made by the boys. I do not know how you may feel, I am not especially interested in it, but this case and this law will never be decided until it gets to a higher court, and it cannot get to a higher court probably, very well, unless you bring in a verdict. So, I do not want any of you to think we are going to find any fault with you as to your verdict. I am frank to say, while we think it is wrong, and we ought to have been permitted to put in our evidence, the court felt otherwise, as he had a right to hold. We cannot argue to you gentlemen under the instructions given by the court--we cannot even explain to you that we think you should return a verdict of not guilty. We do not see how you could. We do not ask it. We think we will save our point and take it to the higher court and settle whether the law is good, and also whether he should have permitted the evidence. I guess that is plain enough.

Verdict and sentencing

Court--Mr. Foreman, will you tell us whether you have agreed on a verdict?
Foreman--Yes, sir, we have your honor.
Court--What do you find?
Foreman--We have found for the state, found the defendant guilty.
Court--Did you fix the fine?
Foreman--No, sir.
Court--You leave it to the court?
Foreman--Leave it to the court.
Court--Mr. Scopes, will you come around here, please, sir.
(The defendant presents himself before the court.)
Court--Mr. Scopes, the jury has found you guilty under this indictment, charging you with having taught in the schools of Rhea county, in violation of what is commonly known as the anti- evolution statute, which makes it unlawful for any teacher to teach in any of the public schools of the state, supported in whole or in part by the public school funds of the state, any theory that denies the story of the divine creation of man, and teach instead thereof that man has descended from a lower order of animals. The jury have found you guilty. The statute make this an offense punishable by fine of not less than $100 nor more than $500. The court now fixes your fine at $100, and imposes that fine upon you.
Court--Oh-Have you anything to say, Mr. Scopes, as to why the court should not impose punishment upon you?
Defendant J. T. Scopes-- Your honor, I feel that I have been convicted of violating an unjust statute. I will continue in the future, as I have in the past, to oppose this law in any way I can. Any other action would be in violation of my ideal of academic freedom-that is, to teach the truth as guaranteed in our constitution of personal and religious freedom. I think the fine is unjust.

Final remarks of attorneys and Judge Raulston

McKenzie--On behalf of Rhea county and Gen. Stewart, and on behalf of the prosecution, I desire to say to the gentlemen who have just made their statements, that we are delighted to have had you with us. We have learned to take a broader view of life since you came. You have brought to us your ideas-your views-and we have communicated to you as best we could, some of our views. As to whether or not we like those views, that is a matter that should not address itself to us at this time, but we do appreciate your views, and while much has been said and much has been written about the narrow-minded people of Tennessee we do not feel hard toward you for having said that, because that is your idea. We people here want to be more broad-minded than some have given us credit for, and we appreciate your coming and we have been greatly elevated, edified and educated by your presence. And should the time ever come when you are back near the garden spot of the world, we hope that you will stop and stay awhile with us here in order that we may chat about the days of the past, when the Scopes trail was tried in Dayton. (Applause.)
The Court--Col. Bryan, I will hear you.
Bryan--I don't know that there is any special reason why I should add to what has been said, and yet the subject has been presented from so many viewpoints that I hope the court will pardon me if I mention a viewpoint that has not been referred to. Dayton is the center and the seat of this trial largely by circumstance. We are told that more words have been sent across the ocean by cable to Europe and Australia about this trail than has ever been sent by cable in regard to anything else happening in the United States. That isn't because the trial is held in Dayton. It isn't because a schoolteacher has been subjected to the danger of a fine $100.00 to $500.00, but I think illustrate how people can be drawn into prominence by attaching themselves to a great cause. Causes stir the world. It is because it goes deep. It is because it extends wide, and because it reaches into a future beyond the power of man to see. Here has been fought out a little case of little consequence as a case, but the world is interested because it raises an issue, and that issue will some day be settled right, whether it is settled on our side or the other side. It is going to be settled right. There can be no settlement of a great cause without discussion, and people will not discuss a cause until their attention is drawn to it, and the value of this trial is not in any incident of the trial, it is not because of anybody who is attached to it, either in an official way or as counsel on either side. Human beings are mighty small, your honor. We are apt to magnify the personal element and we sometimes become inflated with our importance, but the world little cares for man as an individual. He is born, he works, he dies, but causes go on forever, and we who participated in this case may congratulate ourselves that we have attached ourselves to a mighty issue.

Darrow--May I say a word?
The Court--Colonel, be glad to hear from you.
Darrow--I want to say a word. I want to say in thorough sincerity that I appreciate the courtesy of the counsel on the other side from the beginning of this case, at least the Tennessee counsel, that I appreciated the hospitality of the citizens here. I shall go away with a feeling of respect and gratitude toward them for their courtesy and their liberality toward us persons; and that I appreciate the kind, and I think I may say, general treatment of this court, who might have sent me to jail, but did not. (Laughter in the courtroom.)
Darrow (Continuing)--And on the side of the controversy between the court and my self I have already ruled that the court was right, so I do not need to go further.
The Court--Thank you.
Darrow--But, I mean it.
The Court--Yes.
Darrow (Continuing)--Of course, there is much that Mr. Bryan has said that is true. And nature-nature, I refer to does not choose any special setting for more events. I fancy that the place where the Magna Carta was wrested from the barons in England was a very small place, probably not as big as Dayton. But events come along as they come along. I think this case will be remembered because it is the first case of this sort since we stopped trying people in America for witchcraft because here we have done our best to turn back the tide that has sought to force itself upon this--upon this modern world, of testing every fact in science by a religious dictum. That is all I care to say.
The Court--My fellow citizens, I recently read somewhere what I think was a definition of a great man, and that was this: That he possesses a passion to know the truth and have the courage to declare it in the face of all opposition. It is easy enough, my friends, to have a passion to find a truth, or to find a fact, rather, that coincides with our preconceived notions and ideas, but it sometimes takes courage to search diligently for a truth, that may destroy our preconceived notions and ideas.
Now, my friends, the people in America are great people. We are great people. We are great in the South, and they are great in the North. We are great because we are willing to lay down our differences when we fight the battle out and be friends. And, let me tell you, there are two things in this world that are indestructible that man cannot destroy, or no force in the world can destroy.
One is truth. You may crush it to the earth but it will rise again. It is indestructible, and the causes of the law of God. Another thing indestructible in America and in Europe and everywhere else, is the word of God, that He has given to man, that man use it as a waybill to the other world. Indestructible, my friends, by any force because it is the world of the Man, of the forces that created the universe, and He has said in His word that "My word will not perish" but will live forever.
I am glad to have had these gentlemen with us. This little talk of mine comes from my heart, gentlemen. I have had some difficult problems to decide in this lawsuit, and I only pray to God that I have decided them right. If I Have not, the higher courts will find the mistake. But if I failed to decide them right, it was for the want of legal learning, and legal attainment, and not for the want of a disposition to do everybody justice. We are glad to have you with us. (Applause.)
Hays--May I, as one of the counsel for the defense, ask your honor to allow me to send you the "Origin of Species and the Descent of Man," by Charles Darwin? (Laughter)
The Court--Yes; yes
(Laughter and applause.)
The Court--Has anyone else anything to say.
(No response.)
If not--
Officer Kelso Rice--Now, people when court is adjourned-
The Court--Wait, do not adjourn yet.
The Court--Go ahead, officer.
Officer Rice--Do not crowd the aisles. When the court has adjourned move slowly, do not be in a hurry. But move slowly, everybody, when court is adjourned and do not block the aisleways at all. Keep moving
The Court--We will adjourn. And Brother Jones will pronounce the benediction.
Dr. Jones--May the grace of our Lord Jesus Christ, the love of God and the communication and fellowship of the Holy Ghost abide with you all. Amen
The Court--The court will adjourn sine die.

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