The Trial of the Century by Gregg Jarrett

Author:Gregg Jarrett
Language: eng
Format: epub
Publisher: Threshold Editions
Published: 2023-05-30T00:00:00+00:00

12 The Prosecution Makes Its Case

The following day, Judge John Raulston took the bench and announced his decision on whether to let the trial continue with dispatch.

Raulston couldn’t possibly counter Clarence Darrow’s constitutional arguments on their merits; they were too sound and well reasoned. Instead, the judge simply glossed over them by stating that he “failed to see” how an anti-evolution statute promoted religion. Raulston failed to see because he was being deliberately myopic. He concluded that the state legislature could do as it pleased. It was not the job of his court to question the “motive or wisdom” of Tennessee lawmakers, especially in matters of “popular feeling,” which was a nod to William Jennings Bryan and his fundamentalist followers.

With that decision in place, the trial of John Scopes continued.

After a brief opening statement by the prosecution, the defense shrewdly conceded that Scopes had, indeed, taught the theory of evolution. Defense counsel Dudley Malone took the lead and cautioned that his client had not taught evolution in opposition to the Bible. Malone insisted, “The defense contends that to convict Scopes, the prosecution must prove that Scopes not only taught the theory of evolution, but that he also, and at the same time, denied the theory of creation as set forth in the Bible. The defense contends that the prosecution must prove that the defendant, Scopes, did these two things and that what he taught was a violation of the statute.”1

Malone was correct—not that the prosecution team cared about the elements of proof. They knew the judge did not. Malone, Darrow, and the defense team counted on the jury’s ability to comprehend a fine but vital distinction in the law.

Continuing his argument, Malone then tackled an even finer point. He argued that while the story of creation recited in the Bible was not scientifically correct, there was no conflict between evolution and Christianity. To build on this, Malone said the defense intended to call highly educated and accomplished experts to the witness stand.

“We shall show by the testimony of men learned in science and theology that there are millions of people who believe in evolution and in the stories of creation as set forth in the Bible and who find no conflict between the two. The defense maintains that this is a matter of faith and interpretation, which each individual must determine for himself,” Malone said.2

This brilliant argument was developed by Malone, Darrow, and the other members of the defense team. They sought to portray Scopes as an earnest teacher who merely followed what was written in the state-approved school textbook but never actively taught his students that the story of Divine Creation was wrong. His pupils were allowed to draw their own conclusions freely and endeavor to resolve any inconsistencies on their own.

But Malone also pointed out, “Science and religion embrace two separate and distinct fields of thought and learning.” Just as people should be permitted to exercise religion freely, they should be allowed to learn science freely. This was

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