The Scopes Trial (1925)
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"I am simply trying to protect the word of God against the greatest atheist or agnostic in the United States. (Prolonged ...

Trial Documents

Genesis 1, 2 in The Holy Bible containing the Old and New Testaments: Holman Pronouncing Edition 7-8 (A.J. Holman 1902) 
Because it was alleged that Scopes had taught a doctrine denying the story of the Divine creation of man, Judge Raulston read the first chapter of Genesis to the jury. Later Holman's Pronouncing Edition version of the Bible was entered into evidence during the trial. Just before resting the state's case, Prosecutor Stewart asked that the first two chapters of Genesis be read into the record.
Statement of Fay Cooper Cole, Anthropologist, University of Chicago 
Dr. Cole was one of eight scientific experts for the defense. Only Dr. Maynard Metcalf was allowed to testify and the other experts were allowed to submit written statements for the record on appeal.
Statement of Horatio Hackett Newman, Zoologist, University of Chicago 
Dr. Newman was one of eight scientific experts for the defense. Only Dr. Maynard Metcalf was allowed to testify and the other experts were allowed to submit written statements for the record on appeal.
Statement of Kirtley F. Mather, Chairman of the Department of Geology of Harvard University 
Kirtley Mather was one of eight scientific experts for the defense. Only Dr. Maynard Metcalf was allowed to testify and the other experts were allowed to submit written statements for the record on appeal.
Reply Brief and Argument for the State of Tennessee in Scopes v. Tennessee 
Filed by Frank M. Thompson, Attorney-General, Ed. T. Seay and K.T. McConnico, Special Counsel for the State of Tennessee.
Statement of Facts, Assignment of Errors, Brief and Argument in Behalf of John Thomas Scopes, Plaintiff in Error 
Brief for Scopes' appeal of his conviction for violating Tennessee's Anti-Evolution Act. Unfortunately, Scopes' local counsel, John R. Neal, failed to file a bill of exceptions within 30 days after the trial and the trial court struck the bill of exceptions from the record. Thus the defense could only ask the Tennessee Supreme Court to take judicial notice of much of the material in this brief since it could not be part of the appeal. Nevertheless, the brief is an important source of information about the constitutional and religious issues generated by the trial. Handwriting on top is very likely by Arthur Garfield Hays and says: Dear Sam: Many corrections have been made in this. The Last Proof. AGH
Preliminary Motion to Strike Out the So-Called Bill of Exceptions 
Prosecution's motion to strike the Scopes defense's bill of exceptions from the transcript of the record. The prosecution was successful because Scopes' local counsel, John R. Neal, failed to file the bill within the required time.
Statement of Wilbur A. Nelson, State Geologist of Tennessee 
Wilbur Nelson was one of eight scientific experts for the defense. Only Dr. Maynard Metcalf was allowed to testify and the other experts were allowed to submit written statements for the record on appeal.
Winterton C. Curtis, Zoologist, University of Missouri 
Dr. Curtis was one of eight scientific experts for the defense. Only Dr. Maynard Metcalf was allowed to testify and the other experts were allowed to submit written statements for the record on appeal.
Day One: Transcript of Scopes Trial, Friday July 10, 1925  Jul, 1925
Court Opened with Prayer (page 3)
Case Is Called (page 3)
Visiting Counsel Introduced (page 4)
Judge's Charge to Grand Jury (page 4)
Raulston Reads First Chapter of Genesis (page 5)
New Indictment Returned (page 7)
Darrow Brings up Question about Scientists (page 7)
State Outlines Its Theories (page 8)
Selection of the Jury (page 10)
Day Two: Transcript of Scopes Trial, Monday July 13, 1925  Jul, 1925
Defense Motion to Quash Indictment (page 47)
Judge Retires Jury (page 53)
Hays Argues for Motion (page 55)
Stewart Answers for State (page 61)
Darrow's Arraignment of the Act (page 74)
Days Three & Four: Transcript of Scopes Trial, Tuesday July 14 & Wednesday July 15, 1925  Jul, 1925
Third Day, Tuesday, July 14, 1925
Darrow Objects to Prayer (page 89)
Unitarians', Jews' and Congregationalists' Petition on Prayer (page 92)
Court Tells of News Leak-Withholds Decision on Motion to Quash (page 92)

Fourth Day, Wednesday, July 15, 1925
More Argument over Prayer in Court (page 95)
Press Committee Investigates News Leak (page 97)
Judge Overrules Motion to Quash (page 100)
Defense Pleads Not Guilty and States Case (page 112)
Testimony of State's Witnesses (page 119)
Testimony of Dr. Metcalf for Defense (page 133)
Day Five: Transcript of Scopes Trial, Thursday July 16, 1925  Jul, 1925
Battle over Admission of Scientific Testimony (page 144)
Bryan's Son Speaks for State (page 150)
Hays for Defense (page 153)
Sue Hicks for State (page 160)
Ben McKenzie, "We have done crossed the Rubicon" (page 165)
Mr. Bryan on Exclusion of Evidence (page 170)
Malone's Fiery Speech in Reply to Bryan (page 183)
Stewart Closes Argument on Admission of Expert Testimony (page 190)
Days Six & Seven: Transcript of Scopes Trial, Friday July 17 & Monday July 20, 1925  Jul, 1925
Sixth Day, Friday, July 17, 1925
Judge's Decision Excluding Expert's Testimony (page 201)
Defense Excepts (page 203)
Further Argument on Court's Ruling (page 203)
Colloquy Which Leads to Darrow's Citation for Contempt (page 206)

Seventh Day, Monday, July 20, 1925
Darrow Cited for Contempt (page 211)
Governor's Message (page 213)
New Text Books Offered by Defense (page 214)

STATEMENTS BY DEFENSE
Darrow Apologizes-Forgiven (page 225)
Rabbi Rosenwasser (page 227)
Rev. W. C. Whitaker (page 228)
Dr. H. E. Murkett (page 229)
Would Call Burbank (page 230)

NOTED SCIENTISTS' STATEMENTS
Chas. Hubbard Judd (page 231)
Jacob L. Lipman (page 232)
Dr. Fay Cooper Cole (page 234)
Wilber A. Nelson (page 238)
Kirtley F. Mather (page 241)
Maynard M. Metcalf (page 251)
Winterton C. Curtis (page 254)
Prof. Horatio H. Newman (page 263)
The Sign, "Read Your Bible," Gives Offense (page 280)
Other Bibles Introduced (page 283)
Bryan on Witness Stand (page 284)
Day Eight: Transcript of Scopes Trial, Tuesday July 21, 1925  Jul, 1925
Bryan's Testimony Stricken Out (page 305)
Judge Charges Jury (page 309)
Jury's Decision (page 312)
Scopes Receives Sentence (page 313)
Talk Fest by Lawyers and Visitors (page 313)
Court's Farewell Message (page 317)

Supplement: Bryan's Last Speech - Published Posthumously (page 321)
Handwritten draft of Brief by Scopes Defense (Part I) 
Handwritten draft with typed translation. The author of this brief is unknown but the two main brief writers for the Scopes appeal were Arthur Garfield Hays and Robert S. Keebler, a Memphis attorney. Words or letters that are not clear are translated in bold. Words or letters that are undecipherable are marked with "?" marks.
Handwritten draft of Brief by Scopes Defense (Part II) 
Words or letters that are undecipherable are marked with "?" marks.

Cases

Ragio v. State, 86 Tenn. 272, 6 S.W. 401 (1888)  Jan, 1888
Ragio, a barber, was convicted for violating a Tennessee statute making it a ?misdemeanor for any one engaged in the business of a barber . . . to keep open his bath-rooms on Sunday,? but not prohibiting other persons from doing so. On appeal, the Supreme Court of Tennessee held that the statute was "class legislation? and thus violated Article XI, Section 8, of the State Constitution. The Scopes defense relied on this case and Darrow made humorous references to it during the trial.
Leeper v. State, 103 Tenn. 500, 53 S.W. 962 (1899)  Nov, 1899
The Supreme Court of Tennessee affirmed Edward Leeper's conviction for violating Tennessee's "Uniform Text-Book Act." The state textbook commission had adopted and prescribed for use in the public schools Frye's Introductory Geography as a uniform textbook but Leeper "willfully and unlawfully taught Butler's and the New Eclectic Elementary Geography" which according to the indictment was "against the peace and dignity of the state." Leeper was sentenced to pay a fine of $10 and costs. This case was cited during the Scopes trial. It was also cited in Scopes' appeal - Scopes v. State, 289 S.W. 363, 154 Tenn. 105 (1927).
Meyer v. Nebraska, 262 U.S. 390 (1923)  Jun, 1923
Nebraska, along with other states, prohibited the teaching of modern foreign languages to grade school children. Meyer, who taught German in a Lutheran school, was convicted under this law. The Court held the Nebraska law was unconstitutional. The statute violated the liberty protected by due process of the Fourteenth Amendment. The legislative purpose of the law was to promote assimilation and civic development but these purposes were not adequate to justify interfering with Meyer's liberty to teach or the liberty of parents to employ him as a teacher. This case was cited during the trial.
Pierce v. Society of the Sisters, 268 U.S. 510, 45 S.Ct. 571 (1925)  Jun, 1925
This case was decided during the Scopes controversy and Scopes' defense team cited it during the trial and subsequent appeals. The plaintiffs challenged the Oregon Compulsory Education Act adopted November 7, 1922 and to become effective on September 1, 1926, requiring every parent, guardian, or other person having control or charge or custody of a child between 8 and 16 years old to send him "to a public school for the period of time a public school shall be held during the current year" in the district where the child resided. Failure so to do so would be a misdemeanor. The Court held the Act unconstitutional as a violation of the Fourteenth Amendment. The Court stated, "[W]e think it entirely plain that the Act of 1922 unreasonably interferes with the liberty of parents and guardians to direct the upbringing and education of children under their control."
Scopes v. State, 152 Tenn. 424 (1925)  Oct, 1925
The Supreme Court of Tennessee sustained the State of Tennessee's motion to strike the bill of exceptions from the record because Scopes' defense had filed it too late.
Scopes v. State, 154 Tenn. 105 (1927)  Jan, 1927
The Supreme Court of Tennessee reversed Scopes' conviction: "This record discloses that the jury found the defendant below guilty, but did not assess the fine. The trial judge himself undertook to impose the minimum fine of $100 authorized by the statute. This was error. Under . . . the Constitution of Tennessee, a fine in excess of $50 must be assessed by a jury. The statute before us does not permit the imposition of a smaller fine than $100. Since a jury alone can impose the penalty this act requires, and as a matter of course no different penalty can be inflicted, the trial judge exceeded his jurisdiction in levying this fine, and we are without power to correct his error. The judgment must accordingly be reversed." The court concluded its opinion with: "The court is informed that the plaintiff in error is no longer in the service of the state. We see nothing to be gained by prolonging the life of this bizarre case. On the contrary, we think the peace and dignity of the state, which all criminal prosecutions are brought to redress, will be the better conserved by the entry of a nolle prosequi herein. Such a course is suggested to the Attorney General."
Edwards v. Aguillard, 482 U.S. 578, 107 S.Ct. 2573 (1987)  Jun, 1987
The Court held that Louisiana's ?Balanced Treatment for Creation-Science and Evolution-Science in Public School Instruction? Act (La.Rev.Stat.Ann. Secs. 17:286.1-17:286.7) was facially invalid. The statute violated the Establishment Clause of the First Amendment because it lacked a clear secular purpose.
Doe v. Porter, 188 F. Supp. 2d. 904 (2002)  Feb, 2002
For several years the Rhea County Board of Education in Dayton Tennessee allowed staff and students from Bryan College to conduct a program known as the Bible Education Ministry ("BEM") in the Rhea county public elementary schools. Plaintiffs filed a lawsuit seeking to enjoin the school board practice of permitting the teaching of the Christian Bible as religious truth in public schools. The trial court held that religious instruction in public school classes constituted an unconstitutional establishment of religion.
Doe v. Porter, 370 F.3d 558 (6th Cir. 2004)  Jun, 2004
The Sixth Circuit affirmed the trial court's holding that religious instruction in public school classes constituted an unconstitutional establishment of religion.

Statutes

The Maryland Toleration Act of 1649  Apr, 1649
Enacted as "An Act Concerning Religion," this statute is most often referred to as The Maryland Toleration Act of 1649 or Maryland's Act of Toleration. This act was referred to during the Scopes trial.
The Virginia Act for Establishing Religious Freedom 
This act was drafted by Thomas Jefferson in 1779, three years after he wrote the Declaration of Independence, and enacted by the General Assembly of the Commonwealth of Virginia in 1786. The act and Jefferson's views about religious freedom were referred to several times during the Scopes trial.
Kentucky Anti-evolution Bill & Resolution Inviting William Jennings Bryan to Address General Assembly 
S. Res. 12 invited William Jennings Bryan and H.B. 191 would prohibit evolution. The anti-evolution bill was defeated in March 1922.
House Concurrent Resolution No. 7 
Florida House of Representatives resolution condemned, but did not ban, the teaching of evolution in public schools. William Jennings Bryan was instrumental in getting the resolution passed in his adoptive state.
1925 Tennessee Anti-Evolution Act  Mar, 1925
Tennessee Anti-Evolution Act was known as the Butler Act because it was introduced by John Washington Butler (1875 - 1952).
An Act Prohibiting the Teaching of the Evolution Theory (Butler Act)  Mar, 1925
The Tennessee statute Scopes violated was called the Butler Act because it was proposed by John Washington Butler, a Tennessee farmer and member of the state legislature. Clarence Darrow wrote in his autobiography: ?From any point of view, the law was silly and senseless. At the time of its passage, even in the States of Tennessee and Mississippi the schools were teaching that the earth was round instead of flat, and the day and night were due to the revolution of the earth on its axis and not from the sun and the moon going around it . . . . This and many other things, taught in the public schools down there, are flatly contrary to Genesis and, in fact, they refute the Bible account much more clearly than does the doctrine of evolution.? Clarence Darrow, The Story of My Life.
An Act to Establish and Maintain a Uniform System of Public Education  Apr, 1925
This Tennessee law ?to establish and maintain a uniform system of Public Education? passed on April 16, 1925, approximately three weeks after passage of the Butler Act. Part of the reason Governor Peay signed the Butler Act into law was to garner legislative support to pass this education law. Among its many provisions it states: "It shall be the duty of the teacher: 4. To read, or cause to be read at the opening of the school everyday, a selection from the Bible and, the same selection shall not be read more than twice, a month."
An Act to Repeal Section 49-1922, Tennessee Code, Prohibiting The Teaching of Evolution.  May, 1967
This Tennessee statute repealed the 1925 Butler anti-evolution act at issue in the Scopes trial. It was passed on May 16, 1967 and took effect on September 1, 1967.

Government Documents

Constitution of the State of Tennessee 
This annotated version of the Tennessee Constitution from Shannon's Code was referred to by the prosecution during the Scopes trial. Both the prosecution and defense made numerous references to several sections of the Tennessee Constitution.
Tennessee Governor Peay's Signing Statement 
Due to the intense interest, Governor Peay gave his reasons for signing the Butler bill into law.
Senate Journal of the Sixty-Fourth General Assembly of the State of Tennessee  Mar, 1925
On March 13, 1925 the Tennessee Senate voted for passage of House Bill No. 185, known as the "Butler Act."
1928 Opinion of the Attorney General of Tennessee  Oct, 1928
The Attorney General of Tennessee provided an opinion on the constitutionality of teaching the Bible in schools under Art. 1, Sec. 3 of the Constitution of Tennessee.
Address of the President at the Dedication of the Bryan Memorial  May, 1934
President Franklin D. Roosevelt made an address dedicating a statue of William Jennings Bryan created by Gutzon Borglum, the sculptor of Mt. Rushmore. The statue originally stood in Washington, D.C. but was moved in 1961 to Salem, Illinois, Bryan's birthplace. The statue is located across from Bryan Memorial Park.

Pamphlets

The Prince of Peace by William Jennings Bryan 
Bryan gave this lecture at many religious meetings and Chautauquas beginning in 1904.
What is Religion? by Colonel Robert G. Ingersoll  Jun, 1899
Robert G. Ingersoll (1833-1899) was a prominent agnostic, lawyer and public speaker who greatly influenced Clarence Darrow. This is Ingersoll's last public address.
The Bible and Its Enemies by William Jennings Bryan 
An Address delivered at the Moody Bible Institute of Chicago.
The Menace of Darwinism by William Jennings Bryan 
Chapter IV of Bryan's book "In His Image" is republished in a separate booklet which contains nine religious lectures Bryan gave in October 1921 at the Union Theological Seminary in Richmond, Virginia.
Darrow-Case Debate: Has Religion Ceased to Function?  Jan, 1921
Darrow argued in the affirmative against Professor Shirley Jackson Case who taught in the Divinity School of the University of Chicago.
Evolution and Mr. Bryan by Harry Emerson Fosdick 
Fosdick, a noted theologian, was asked to reply by the New York Times to William Jennings Bryan's statement "God and Evolution."
The Evolution Issue by T.T. Martin  Oct, 1923
This address was delivered in Los Angeles, California on October 28, 1923.
Evolution or Christ? Christ or Hell? by T.T. Martin  Nov, 1923
Address delivered in Los Angeles, California, November 11, 1923
Should Evolution Be Taught in Tax Supported Schools? 
"The Arguments Against Delivered by W.B. Riley in the McCabe-Riley Debates." W.B. Riley was an influential religious leader, anti-evolutionist and pastor of the First Baptist Church in Minneapolis for 45 years. William Jennings Bryan once called Riley "the greatest Christian statesman in the American pulpit."
Absurdities of the Bible 
Darrow criticizes a literal interpretation of the Bible in this text. Published several years after the Scopes trial, the document includes other short articles such as "Rev. Ben M. Bogard Fails to Halt Devil Darrow."

Magazine Articles

Quotations from William Jennings Bryan on Evolution 
This piece was published in Science magazine in 1922.
The Vote on the Evolution Bill in the Kentucky State Legislature 
A description of the one vote defeat of a Kentucky anti-evolution bill is published in Science.
The Teaching of Evolution 
This article in Science Magazine discusses teaching evolution and makes several references to William Jennings Bryan.
Kentucky and the Theory of Evolution  Jul, 1922
This report on anti-evolution legislation in Kentucky was published in Science, vol. LV, No. 1416.
"William Jennings Bryan as a Social Force" by Malcolm M. Willey and Stuart A. Rice  Nov, 1923
This article appeared in The Journal of Social Forces and presents an analysis of Mr. Bryan's impact on the views of Dartmouth students towards evolution. Based on student surveys, the authors demonstrate that students were less certain about the doctrine of evolution after listening to Mr. Bryan.
"A Very Liberal Church" 
This brief reference to the "Liberal Church" in Denver that elected Clarence Darrow to honorary church membership because of his role in the Scopes trial was published in Liberty: A Magazine of Religious Freedom.
Editorial in The Crisis  Sep, 1925
An editorial in The Crisis, the official magazine of the National Association for the Advancement of Colored People (NAACP), discussed the Scopes trial.

Newspapers

Answer to Bryan on Evolution 
This anonymous defense of evolution was written in response to an attack on evolution by William Jennings Bryan published in the New York Herald on March 19, 1922.
God and Evolution: Charge that American Teachers of Darwinism "Make the Bible a Scrap of Paper"  Feb, 1922
William Jennings Bryan responds to an invitation from the New York Times to present objections to the theory of evolution as applied to man.
If Monkeys Could Speak  May, 1925
This editorial about the Scopes trial appeared in the Chicago Defender, a leading black newspaper. The writer states that because the theory of evolution means all people came from a common origin, anti-evolutionists really fear that evolution means the races are equal.
Oregon School Law Declared Invalid by Supreme Court  Jun, 1925
This newspaper clipping from the Clarence Darrow papers is about the "Oregon School" law case. The case, Pierce v. Society of the Sisters, was decided during the Scopes controversy and the Scopes defense team cited it during the trial and in subsequent appeals.

Books

History of the Conflict Between Religion and Science by John William Draper 
Edward J. Larson in his book Summer for the Gods: The Scopes Trial and America's Continuing Debate Over Science and Religion (2006) explains that John Draper and Andrew Dickson White wrote very popular but biased histories of the conflict between science and religion. Larson states that neither Draper or White reported that the conflict had grown less antagonistic and most prominent scientists were devout Christians. Draper and White's works were influential in portraying a heated conflict between science and religion. Larson also relates that this influenced Clarence Darrow's father and his son who both read Draper's work. Clarence Darrow also quoted Draper in speeches.
Evidence as to Man's Place in Nature by Thomas H. Huxley 
Thomas Huxley was one of the most influential proponents of Darwin's theory of evolution. Originally published in 1863, this is Huxley's most famous work.
Victorious Democracy: Embracing Life and Patriotic Services of Hon. William J. Bryan 
This book promoting William Jennings Bryan for President was written for the 1900 election. It also includes information about Bryan's Vice Presidential running mate, Adlai E. Stevenson (1835-1914).
An Outline of the Theory of Organic Evolution by Maynard Mayo Metcalf 
Dr. Metcalf was the only defense scientific expert allowed to testify on the stand during the Scopes trial. At the time of the trial, Dr. Metcalf was a zoologist from the Johns Hopkins University.
Illogical Geology: The Weakest Point in the Evolution Theory by George McCready Price 
Price had to borrow money to self-publish "Illogical Geology", his second book. He borrowed the name from Herbert Spencer. Price updated his 1906 book when he published "The Fundamentals of Geology" in 1913.
The Finality of the Higher Criticism, or The Theory of Evolution and False Theology by William Bell Riley 
William Bell Riley began his ministry as pastor of the First Baptist Church in Minneapolis, Minnesota and served there for 45 years. Riley has been identified as the first Fundamentalist leader to link "higher criticism" with the theory of evolution. Higher criticism is an inquiry into the genuineness of Bible teaching. Lower criticism, also called textual criticism, tries to determine what a text originally said before it was altered by mistake or intentionally. Lower criticism evaluates which Bible texts are most accurate. Higher criticism views the Bible as a text created by human beings with various motives at different periods of time. Lower criticism views the Bible as the inerrant word of God. In this book, Riley argues that the liberal theology of higher criticism is a result of accepting the theory of evolution.
A History of the Warfare of Science with Theology in Christendom by Andrew Dickson White ) (Volume I) 
Andrew Dickson White (November 7, 1832 ? November 4, 1918) was a co-founder of Cornell University as well as a U.S. diplomat, author, and educator. White and John William Draper helped maintain the perception of hostility between science and religion.
A Civic Biology: Presented in Problems by George William Hunter 
This is the version of "Hunter's Civic Biology" that Scopes allegedly used to teach evolution. This version of the textbook was entered into evidence. The section on evolution starts on pages 192-196. References to Charles Darwin are on pages 253 and 404. Hunter deleted most of the information about evolution from his textbook when it was revised in 1926 following the Scopes trial.
A Civic Biology: Presented in Problems by George William Hunter  Jan, 1914
This document consists of pages covering evolution from the biology textbook that Scopes used to violate Tennessee's anti-evolution statute.
Letter from William Jennings Bryan to Billy Sunday  Jan, 1914
This is an excerpt of a book about Billy Sunday which includes a copy of a letter written to him by William Jennings Bryan on January 12, 1914.
The Belief in God and Immortality by James H. Leuba 
Leuba demonstrated that a college education greatly reduced the religious beliefs that students held before attending college. Leuba also noted that very few scientists believed in God. William Jennings Bryan was greatly influenced by this book because it strengthened his belief that teaching the theory of evolution in schools undermined the religious faith of students. The section of Leuba's book about college education and religious beliefs is in Chapter VII, titled "Investigation A: The Belief in God Among College Students."
The Price of a Soul by William Jennings Bryan 
Bryan was a prolific lecturer on religion. This message was first given as an address at a Northwestern Law School banquet and a commencement speech at the Peirce School in Philadelphia. Bryan later extended it into a lecture.
Billy Sunday: His Tabernacles and Sawdust Trails 
A biography of Billy Sunday, the famous "baseball evangelist." Sunday, who gave up a professional baseball career with the Chicago White Stockings to preach full-time, went to Tennessee to energize fundamentalists against evolution.
Headquarters Nights: A Record of Conversations and Experiences at the Headquarters of the German Army in France and Belgium by Vernon Lyman Kellogg 
William Jennings Bryan was horrified by the mass slaughter of World War I. He came to believe that German militarism that led to the war was based on the "survival of the fittest" doctrine from the theory of evolution. Bryan came to this conclusion largely as the result of reading Kellogg's book. Former president Theodore Roosevelt wrote this Foreword to the book: ?One of the most graphic pictures of the German attitude, the attitude which has rendered this war inevitable, is contained in Vernon Kellogg's 'Headquarters Nights.' It is a convincing, and an evidently truthful, exposition of the shocking, the unspeakably dreadful moral and intellectual perversion of character which makes Germany at present a menace to the whole civilized world. The man who reads Kellogg's sketch and yet fails to see why we are at war, and why we must accept no peace save that of overwhelming victory, is neither a good American nor a true lover of mankind.?
Daniel vs. Darwinism by William B. Riley, Pastor, First Baptist Church, Minneapolis, Minn. 
1. Daniel vs. Heathenism (page 5)
2. Daniel vs. Darwinism (page 23)
3. Daniel vs. Sensualism (page 42)
4. Daniel vs. Bestialism (page 61)
5. This War and the Prophetic Word (page 85)
The Science of Power by Benjamin Kidd 
In this book Benjamin Kidd tried to show a link between German military aggression and Darwin's theory and its impact on the German philosopher Friedrich Nietzsche. Kidd's book was one of the more important influences that led William Jennings Bryan to believe evolution was dangerous. Bryan quoted Kidd's book in his undelivered address that he had prepared for the trial but was prevented from giving. The address was published after Bryan's death.
Evolution-- a Menace by J.W. Porter 
Porter helped lead the fight to ban the teaching of evolution in Kentucky schools. The law was narrowly defeated in 1922. In this work, Porter quoted from and criticized several science text books including "Hunter's Civic Biology," the text book John Scopes would use in 1925 to violate Tennessee's anti-evolution law.
God's Two Books: Or Plain Facts about Evolution, Geology, and the Bible by George McCready Price 
William Jennings Bryan used Price's work to refute the theory of evolution. Bryan asked Price to appear as an expert witness for the prosecution but Price was lecturing in England and could not attend the trial. Price's work would gain a considerable following among fundamentalists some years after the Scopes trial. Price would eventually become one of the two most popular scientific authorities to fundamentalists.
God or Gorilla: How the Monkey Theory of Evolution Exposes Its Own Methods, Refutes Its Own Principles, Denies Its Own Inferences, Disproves Its Own Case by Alfred Watterson McCann 
McCann, a Catholic journalist and nutritionist, criticizes evidence of missing links purporting to show man descended from apes. McCann turned down William Jennings Bryan's request to testify during the Scopes trial. McCann did not like the Butler Act because he did not believe in censorship of ideas.
In His Image by William Jennings Bryan 
This is a collection of lectures given by Bryan. In the preface he states, "In these lectures I have had in mind two thoughts, first, the confirming of the faith of men and women, especially the young, in a Creator, all-powerful, all-wise, and all-loving, in a Bible, as the very Word of a Living God and in Christ as Son of God and Savior of the world; second, the applying of the principles of our religion to every problem in life."
Hell and the High Schools by T.T. Martin 
T.T. (Thomas Theodore) Martin was an important leader in the anti-evolution movement. "Hell and the High Schools" is a vehement attack on the teaching of the theory of evolution in which Martin portrayed evolutionist teachers as the worst evil facing the country. Martin traveled to Dayton during the Scopes trial where he sold copies of "Hell and the High Schools" in the street near the courthouse. Martin pulled no punches in his condemnation of evolution: ?[T]he Germans who poisoned candy and poured it out from aeroplanes that the starving Belgian and French children might eat it and die, were angels compared to the teachers paid by our taxes, who feed our children's minds with the deadly, soul-destroying poison of Evolution. . . . And the father and mother, who will stand by, and not go to the limit to protect their children from the soul destroying poison of Evolution, are equally guilty with the text-book writers and publishers and the Evolution professors in our schools.?

Miscellaneous

The Kentucky Campaign Against the Teaching of Evolution by Alonzo W. Fortune  May, 1922
Published in The Journal of Religion, this piece describes the important anti-evolution battle in Kentucky just a few years prior to the Tennessee controversy.
Strategy Note on the Possibility of Federal Jurisdiction to Challenge Butler Act 
From the Clarence Darrow papers, this brief note discusses the possibility of getting federal jurisdiction to challenge the Butler Act.
Thomas Jefferson Quoted in Letter with Letterhead of Mrs. Samuel J. Rosensohn 
This letter is from the Clarence Darrow papers. Samuel J. Rosensohn participated in the Scopes appeal to the Tennessee Supreme Court.
Defense Strategy Document 
In this two page document from the Clarence Darrow papers the defense analyzes how a federal court could have jurisdiction to hear a challenge to the Butler Act.
The Battle Hymn of Tennessee by Mrs. E.P. Blair  Jun, 1925
This poem, published in the Nashville Tennessean on June 29, 1925, has a maternal theme supporting passage of the Butler Act, Tennessee's anti-evolution law. Many women in Tennessee supported passage of the law. The poem refers to the out-of-town lawyers and scientists for the defense:
"Their forces are clad in garments great,
Of science and law.
With the camouflage cloak of knowledge
To hide their claw."
The Tennessee Evolution Case by Robert S. Keebler  Jun, 1925
Robert S. Keebler's controversial address at the annual meeting of the Tennessee Bar Association on June 26-27, 1925 caused an uproar and was expunged from the record by the president of the Tennessee Bar Association. Keebler was a Memphis attorney who later helped the Scopes defense on appeal.
Letter to Lucille B. Milner of the ACLU About West Virginia Case  Jun, 1925
This letter was sent to inform the ACLU about a West Virginia case in which a high school teacher was not hired because she was Catholic. The letter was sent by a secretary to the Circuit Clerk of Taylor County, West Virginia. Milner was one of the founders of American Civil Liberties Union and she served as its executive secretary for 25 years. The letter is in the Clarence Darrow papers.
Letter from David S. Garland to Samuel J. Rosensohn  Jun, 1925
Letter from an editor of the New York Law Review (New York University Law Review) to Samuel J. Rosensohn asking if there was interest in publishing an article about the Scopes case. Rosensohn was a New York lawyer with close ties to the ACLU. Rosensohn was originally part of the Scopes defense team but he was replaced by Arthur Garfield Hays as the sole ACLU representative in Dayton, Tennessee. Rosensohn later participated in Scopes' appeal. Letter from the papers of Clarence Darrow.
Walter Nelles Letter to Samuel Rosensohn  Jun, 1925
This letter discusses the Scopes defense. Walter Nelles and Samuel Rosensohn were both lawyers active in the ACLU. They also participated in ACLU meetings during which Clarence Darrow's participation in the Scopes defense was discussed. Rosensohn also signed the "Statement of facts assignment of errors, brief & argument in behalf of John Thomas Scopes, plaintiff-in-error."
Telegram from the Nashville Tennessean Newspaper Asking About Counsel's Religious Beliefs  Jun, 1925
The Nashville Tennessean newspaper sent this telegram to Samuel Rosensohn of the ACLU, who worked with the Scopes defense. The telegram asked about the religious beliefs of the attorneys involved.
Cherish Literature and Science 
This clip is part of the Scopes material in the Clarence Darrow papers. The writer refers to the explicit duty of the legislature written in the Tennessee Constitution ?to cherish literature and science.? The Scopes defense did raise this argument during the trial.
 

Photos - Key Figures

Photos