The Judge announced that Mr. Bryan's testimony the previous day
would have no relevance to deciding the case either in this court or
the appeals court, so therefore he was eliminating it from the court
record. The jury would not consider it as evidence.
The jury was brought in for the first time in days, and Darrow read
his charge to the jury, saying that this case could only be settled in a
higher court, "and it cannot get to a higher court unless you bring in
a (guilty) verdict." He was telling the jury he wanted them to find the
defendant, Scopes, guilty!
Raulston explained that the fine, if the jury found Scopes guilty,
should be set by the judge, unless they wanted to impose a fine of
more than $100.00; otherwise they could just find the defendant
guilty "and leave the punishment to the court."
The jury retired for awhile and after nine full minutes returned with
a verdict. Guilty. They left the matter of a fine to the court. The
defendant, Scopes, silent throughout the trial, rose to face the judge,
who imposed the minimum $100.00 fine. Finally, Scopes was allowed
to make a brief statement:
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. (Grebstein, 176)
The judge then allowed some closing remarks from the various
participants. The attorneys remarked on the hospitality of the judge,
and the people of Tennessee; everyone seemed gracious and in good
spirits. Even Darrow, humorously thanked the judge for his kind
treatment in not having sent him to jail. Bryan gave a brief
summary of the trial's significance:
BRYAN: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...
The people will determine the issue. They will take sides upon this
issue; they will examine the information...and the facts will be
known, and upon the facts, the decision will be rendered...No matter
what our views may be, we ought not only desire, but pray, that that
which is right will prevail, whether it be our way or somebody
else's...
The judge put it this way:
THE COURT: Now my friends, the man...who is big enough to search
for the truth and find it, and declares it in the face of all opposition is
a big man...Now, my friends, the people in America are a great
people. We are great because we are willing to lay down our
differences when we fight the battle out and be friends. (Grebstein,
178, 180)
Following the benediction, the court was adjourned.
Finally, there was an appeal to the Tennessee Supreme Court, heard
six months later, and argued by the same A.C.L.U.-sponsored lawyers
for Scopes. Obviously, Bryan could not participate, since he had died
on July 26, 1925, five days after the trial ended.
In his ruling, seven months later, on January 14, 1926, Chief Justice
Green claimed that the Butler Act was clear in its meaning and intent
and that it, indeed, was constitutionally valid. As for Scopes, due to
Judge Raulston's setting of Scopes' fine rather than the jury, the
verdict was reversed on a legal technicality. No further appeal was
possible because of the judge's error, so the case was thrown out of
court. Motions for a new hearing were denied. One justice of the
court dissented from the majority ruling because he felt the Butler
Act was vague and unclear and should have been struck down for
that reason.
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