It took the judge an hour to read his 6,000-word statement denying
the defense motion, stating that the intent and wording of the Butler
Act was clear, that the state had a constitutional right to determine
what was (and what was not) taught in the public schools, and any
teacher who wanted to teach evolution was free to teach it in the
private schools or elsewhere. Furthermore the Butler Act did not
force religious beliefs on anyone. Sobeit. The court had spoken.
A rousing victory for the prosecution. The trial would proceed. The
jury would be sworn in.
After a recess until 1 P.M., the court was to hear the only testimony
that became part of the official court record, even though the trial
would last eight days.
After the plea of Not Guilty was entered by the defense, a brief
statement followed by the attorney-general, Mr. Stewart, stating that
Scopes had violated the state law by teaching that man had
descended from,"a Lower order of animals."
With the jury still not present, Mr. Malone gave the defense's
opening statement in which he maintained: (1) there was no direct
conflict between the theory of evolution and the theories of creation
in Genesis; (2) stories of creation in Genesis were not scientifically
correct.
After the jury was seated, Howard Morgan, fourteen, and one of
Scopes' science students, testified that his teacher had taught that
man was a mammal and that life gradually had evolved from the sea.
A sample of the cross-examination by Darrow:
Q:He didn't say a cat was the same as a man?
A:No sir; he said man had a reasoning power; that these animals did
not.
Q:There is some doubt about that, but that is what he said, is it?...
Q:Well, did he tell you anything else that was 'wicked'?
A:No, not that I remember of.
This exchange caused even members of the prosecution to grin.
Q:Now, that is about what he taught you. It has not hurt you any, has
it?
A:No, sir.
(Grebstein, 102, 103, 105)
After hearing from another of Scopes' students, Harry Shelton, the
prosecution called F.E. Robinson, the school board member who had
ordered the biology books used by Scopes. Darrow, in cross-
examination, established that Scopes' textbook, was indeed approved
by the state.
Darrow then read to the jury from the textbook the reasons why man
was classified with the vertebrates, then the mammals, then with the
apelike mammals. Not to be outdone, Stewart read into the record
the first two chapters of Genesis. Balanced treatment. The state's
case was officially over; Bryan had not even made a statement!
The defense began its case after being allowed to swear in ten
witnesses, nine of them distinguished scientists, all scheduled to
testify as to the validity of evolution. The first witness sworn in was
Dr. Maynard Metcalf, a zoologist, author and member of a
Congregationalist church.
Was evolution a fact, he was asked?
The whole plan of evolution...seen so clearly in the universe as a
whole, makes a tremendous probability in favor of the evolution of
man (italics added). (Grebstein, 115)
Scientists, Metcalf insisted, disagreed that the evolution process was
a "fact," but he doubted "the truth of any hypothesis--as to the
methods of the evolution which this or that or the other man--even
great men of science--might bring up." Inconclusive testimony at
best. As it turned out, it was the only testimony on evolution the
jury was to hear, from a scientist, at least.
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