John Scopes, guilty

LISTEN. Day 8 -- Darrow asks jury to return a verdict of "guilty"

Darrow--May I say a few words to the jury? Gentlemen of the jury, we are sorry to have not had a chance to say anything to you. We will do it some other time. Now, we came down to offer evidence in this case and the court has held under the law that the evidence we had is not admissible, so all we can do is to take an exception and carry it to a higher court to see whether the evidence is admissible or not. As far as this case stands before the jury, the court has told you very plainly that if you think my client taught that man descended from a lower order of animals, you will find him guilty, and you heard the testimony of the boys on that questions and heard read the books, and there is no dispute about the facts. Scopes did not go on the stand, because he could not deny the statements made by the boys. I do not know how you may feel, I am not especially interested in it, but this case and this law will never be decided until it gets to a higher court, and it cannot get to a higher court probably, very well, unless you bring in a verdict. So, I do not want any of you to think we are going to find any fault with you as to your verdict. I am frank to say, while we think it is wrong, and we ought to have been permitted to put in our evidence, the court felt otherwise, as he had a right to hold. We cannot argue to you gentlemen under the instructions given by the court--we cannot even explain to you that we think you should return a verdict of not guilty. We do not see how you could. We do not ask it. We think we will save our point and take it to the higher court and settle whether the law is good, and also whether he should have permitted the evidence. I guess that is plain enough.

[Verdict and sentencing]

Court--Mr. Foreman, will you tell us whether you have agreed on a verdict?
Foreman--Yes, sir, we have your honor.
Court--What do you find?
Foreman--We have found for the state, found the defendant guilty.
Court--Did you fix the fine?
Foreman--No, sir.
Court--You leave it to the court?
Foreman--Leave it to the court.
Court--Mr. Scopes, will you come around here, please, sir.
(The defendant presents himself before the court.)
Court--Mr. Scopes, the jury has found you guilty under this indictment, charging you with having taught in the schools of Rhea county, in violation of what is commonly known as the anti- evolution statute, which makes it unlawful for any teacher to teach in any of the public schools of the state, supported in whole or in part by the public school funds of the state, any theory that denies the story of the divine creation of man, and teach instead thereof that man has descended from a lower order of animals. The jury have found you guilty. The statute make this an offense punishable by fine of not less than $100 nor more than $500. The court now fixes your fine at $100, and imposes that fine upon you.
Court--Oh-Have you anything to say, Mr. Scopes, as to why the court should not impose punishment upon you?
Defendant J. T. 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.

[Final remarks of attorneys and Judge Raulston]

McKenzie--On behalf of Rhea county and Gen. Stewart, and on behalf of the prosecution, I desire to say to the gentlemen who have just made their statements, that we are delighted to have had you with us. We have learned to take a broader view of life since you came. You have brought to us your ideas-your views-and we have communicated to you as best we could, some of our views. As to whether or not we like those views, that is a matter that should not address itself to us at this time, but we do appreciate your views, and while much has been said and much has been written about the narrow-minded people of Tennessee we do not feel hard toward you for having said that, because that is your idea. We people here want to be more broad-minded than some have given us credit for, and we appreciate your coming and we have been greatly elevated, edified and educated by your presence. And should the time ever come when you are back near the garden spot of the world, we hope that you will stop and stay awhile with us here in order that we may chat about the days of the past, when the Scopes trail was tried in Dayton. (Applause.)
The Court--Col. Bryan, I will hear you... (continues)

Complete trial transcript at http://faculty.smu.edu/jclam/science_religion/trial_transcripts.html