Further errors in the Scopes piece:
Scopes did not "unwittingly" become a test case. As I understand it, he volunteered for the position. IIRC, a group got together in a drug store in Dayton and decided to put on a test case. They asked Scopes if he would agree to be the defendant and he did.
There's actually some question about whether Scopes ever indeed taught evolution. From
this site:
quote:
One of the enduring debates concerning the Scopes trial revolves around whether Scopes ever actually taught the subject of evolution. George Rappalyea posed the question, holding up a copy of George W. Hunter’s Civic Biology, at Robinson’s drugstore. “You have been teaching ”em this book?” he asked. Scopes answered, “Yes,” then went on to explain that, while substituting for the regular biology teacher in April 1925, he had assigned his students Hunter’s chapter on evolution. Illness the next day, however, kept him home and, to his recollection, no class discussion of the evolution materials ever took place. Scopes, however, remembered teaching the topic in a general way earlier in the same month to his general science students.
The ACLU was involved, but in fact it did not want Darrow as the defense attorney. Dudley Malone, Darrow's eventual co-counsel on the case, first proposed Darrow to the ACLU, but his participation was bitterly opposed by the steering committee of the ACLU for the Scopes case. Among other things, committee members were worried that Darrow's status of being a "headline chaser" would divert attention from the issues involved. It was actually Scopes who endorsed Darrow, pointing out that William Jennings Bryan was no wall flower himself, and that there was already such a carnival atmosphere in Dayton that the presence of Darrow couldn't make things any worse.
The Butler Act did not have a "mere $100 fine." The penalty for a violation of the Act was supposed to have been between $100.00 and $500.00, to be determined by the jury. However, Judge Raulston instead imposed the fine himself. In fact, it was this procedural error that resulted in the appellate court overturning the conviction.
As crash pointed out, Scopes did not plead guilty. In fact, after the jury announced the verdict, Judge Raulston asked Scopes if he had anything to say before sentencing. Scopes said,
quote:
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.
As far as Darrow reneging on his "promise" to testify after Bryan, here's how that arose in the first place:
quote:
Hays--The defense desires to call Mr. Bryan as a witness, and, of course, the only question here is whether Mr. Scopes taught what these children said he taught, we recognize what Mr. Bryan says as a witness would not be very valuable. We think there are other questions involved, and we should want to take Mr. Bryan's testimony for the purpose of our record, even if your honor thinks it is not admissible in general, so we wish to call him now.
The Court--Do you think you have a right to his testimony or evidence like you did these others?
McKenzie--I don't think it is necessary to call him, calling a lawyer who represents a client.
The Court--If you ask him about any confidential matter, I will protect him, of course.
Darrow--On scientific matters, Col. Bryan can speak for himself.
Bryan--If your honor please, I insist that Mr. Darrow can be put on the stand, and Mr. Malone and Mr. Hays.
Darrow did not renege on anything. The Court adjourned the trail in the middle of Darrow's cross-examination of Bryan and, on the next day, decided that no purpose would be served by continuing the examination. Darrow was never called.
As far as whether Bryan "performed well," I leave that to the reader to decide. Bryan's testimony can be found
here.
Those who would sacrifice an essential liberty for a temporary security will lose both, and deserve neither. -- Benjamin Franklin
We see monsters where science shows us windmills. -- Phat
™ Version 4.2
