Evolution on Trial | Duel to the Death | 3

21:42Holly Frey:The spectators and reporters gathered in the grass. Some sat on benches while others planted themselves on the ground. By then, Scopes had long been forgotten, and he welcomed the chance to step out of the spotlight. He sat in the audience, taking notes for a reporter who had already left town. And with everyone more comfortable outside, everything seemed to be moving ahead to its conclusion. But when Ralston was about to summon the jury for closing arguments, Darrow issued an objection. A large banner with the words, Read Your Bible, had been hanging over the courthouse for a week. Darrow didn't want that banner influencing the jury, and Ralston agreed to have it taken down.

22:19Holly Frey:But what happened next shocked the crowd. Instead of proceeding to his closing argument, Darrow called a surprise witness to the stand, William Jennings Bryan. All at once, the prosecutors leapt to their feet and objected. To most observers, the idea of a defense lawyer calling the opposing counsel to the stand was absurd. Judge Ralston likely would have agreed with the prosecutor's objections, but before he could interject, Bryan himself rose to his feet and insisted on his right to testify. This was the move Darrow had spent the weekend plotting. He announced that he wanted the testimony of a Bible expert to supplement the record for appeal.

22:56Holly Frey:And Brian had long been one of America's most vocal, self-proclaimed Bible experts. But Darrow's true goal was to expose the contradictions in Brian's literal interpretations of the Bible and win in the court of public opinion. But Brian was eager for the platform and stepped willingly into the trap. He was still smarting from Dudley Malone's blistering speech four days earlier, which had received far more praise than his own. He was eager to have another chance to make his case, but more than anything, he had come to Dayton on a mission to defend religion, and he believed that in this moment, his chance had arrived.

23:29Holly Frey:The crowd swelled as word spread that Brian was taking the stand. Some 3 ,000 men, women, and children sprawled out on the lawn, and vendors weaved through the crowd selling soda. Brian took his seat for what the New York Times called The Most Amazing Court Scene in History. Darrow started with a simple question, asking, You've given considerable study to the Bible, haven't you, Mr. Bryan? Bryan affirmed that he had. Darrow then asked whether Bryan believed that everything in the Bible should be literally interpreted. And Bryan replied, I believe everything in the Bible should be accepted as it is given there.

24:05Holly Frey:Then Darrow launched into a series of questions to put Brian's professed beliefs about the Bible to the test. He asked whether Jonah had actually been swallowed by a whale, whether Joshua had in fact made the sun stand still, and whether the world's languages really came from the Tower of Babel. This was the trap Darrow had set for Brian. If Brian stubbornly insisted that everything in the Bible must be taken literally, to many he would look ridiculous. But if he admitted that some of the stories were parables, he would alienate his fundamentalist supporters. And then if he dared concede that the Bible was open to interpretation, it would bolster the defense's argument that evolution and the Bible were compatible.

24:46Holly Frey:So as his testimony proceeded, at times Brian affirmed his literal readings of the Bible, but other times he hedged, admitting that he did not know. Brian's other prosecutors started to worry that they were losing control of the case. Chief Prosecutor Tom Stewart repeatedly issued objections to try to bring Darrow's questioning to an end. But Judge Ralston showed no interest in stopping the show, and Brian was determined to continue, even as his anger at Darrow mounted. Replying to one of District Attorney Stewart's objections, Darrow claimed, We have the purpose of preventing bigots and ignoramuses from controlling the education of the United States.

25:22Holly Frey:And at this, Brian jumped up and shook his fist at Darrow, crying, I am simply trying to protect the word of God against the greatest atheist or agnostic in the United States. But Darrow had been counting on using Brian's passion for protecting the word of God against him. And as he pressed on with his relentless barrage of questions, Brian found himself becoming increasingly tangled in his opponent's snare.

25:49Holly Frey:Imagine it's July 20th, 1925, on the lawn of the Ray County Courthouse in Dayton, Tennessee. You're one of the attorneys for John Scopes, and for nearly two hours you've been grilling your opposing counsel, William Jennings Bryan, as an expert witness on the Bible. The afternoon sun burns hot on the back of your neck, but you know that no one's feeling more heat than Brian. You step forward, ready to begin your next line of questioning. Mr. Brian, do you believe that Eve was the first woman? Brian nods, wiping the sweat off his brow with his sleep. Yes. Do you believe she was literally made from Adam's rib?

26:23Holly Frey:Yes. I see. Did you ever discover how Adam and Eve's son Cain got his wife? Some of the spectators laugh at your jab, and Brian's face turns redder, despite the fan he's waving in front of his face. No, sir, I'll leave it to the agnostics to hunt for her. Moving on, Mr. Brian, could you tell me how old the earth is? No, sir, I could not. Well, the Bible says, in six days the Lord made the heavens and the earth, the sea and all that is in them. Do you think the earth was created in six days? Well, not 24-hour days. But doesn't the Bible say so, when it says, and God called the firmament heaven, and the evening and the morning were the second day?

26:59Holly Frey:This description of evening and morning refers to a 24-hour day, does it not? No, not necessarily. Let's try to be more clear, Mr. Bryant. Do you think it means a 24-hour day or not? I know a great many think it does. Yes, but what do you think? I do not think it does. There it is. The opening you've been waiting for. You can feel the sea of sunburned faces turn to you as you get ready to pounce. Ah, so you do not think those were literal 24-hour days? My impression is that they were periods of time. Do you have any idea the length of these periods? No, I do not. The Bible says that on the fourth day of creation, God created the sun, the moon, and the stars.

27:39Holly Frey:Do you agree that the sun was made on the fourth day? Why, yes, yes. So for three days, three periods, as it were, they had evening and morning without the sun? Another ripple of laughter spreads throughout the crowd. Ryan frowns. I am simply saying that a day, as mentioned in the scripture, is a period. You smile faintly. You've got them right where you want them. But you won't rest until you've made your point as clear as possible. All right, but now if you call those days periods, they may have been a very long time. They may have been. And creation might have been going on for a very long time.

28:14Holly Frey:Well, yes, it might have continued for millions of years. Millions of years. That's very, very different from six days. Brian blanches as he realizes you've cornered him. You've forced him to admit that the Bible is open to interpretation. You may not win this case, but you know you're on the brink of a bigger victory.

28:40Holly Frey:As Darrow continued his rapid-fire questioning, he asked William Jennings Brian whether he believed the earth was created in six days. A red-faced Brian admitted that the six days of creation were not literal 24-hour days, but metaphorical days symbolizing longer periods of time. And with this, Brian had finally conceded that the words of the Bible should not always be taken literally. Scopes later wrote, When Brian admitted the earth had not been made in six days of 24 hours, the fundamentalists gasped. It was the great shock that Darrow had been laboring for all afternoon. And after two hours of questioning, this great shock pushed Brian over the edge.

29:19Holly Frey:He snapped, accusing Darrow of attempting to slur at the Bible. Darrow fired back, denouncing Brian's fool ideas that no intelligent Christian on earth believes. By then, both men were on their feet, trembling with rage. Sensing that the tension was boiling over, Judge Ralston banged his gavel on the table and abruptly ordered the court adjourned until the following morning. Darrow's supporters jumped up to congratulate him. Newspapers around the country printed complete transcripts of the day. And while the national press declared Darrow the victor, Southerners were more sympathetic to Brian.

29:53Holly Frey:One Chattanooga editor branded Darrow's interrogation a thing of immense cruelty. But Darrow was pleased with his own performance. He wrote to a friend, I made up my mind to show the country what an ignoramus Brian was, and I succeeded. The next morning, a light rain fell on Dayton, forcing the trial back indoors. Judge Ralston began proceedings by declaring Brian's testimony irrelevant and striking it from the record. Then it was time for the two sides to make their closing arguments, and this was the moment Brian had been waiting for. He had spent weeks preparing a searing speech against evolution.

30:28Holly Frey:But Darrow still had a final card to play. He announced that he was waiving his right to make a closing argument. And this meant that by law, Brian would not be allowed to make his closing statement. He was deeply disappointed, but he was already making plans to repurpose his words into a new stump speech. So all that was left to do was for Ralston to summon the jury back into the courtroom. Over the course of this eight-day trial, these jurors had been present for just two hours of testimony, and they had missed all of the major speeches. Then, once the jurors were seated, Judge Ralston instructed them to decide whether John Scopes had indeed violated the law by teaching evolution in a Tennessee classroom.

31:08Holly Frey:The members of the jury then huddled in the hallway, not even bothering to take the time to sit down to deliberate. And just nine minutes later, they returned their verdict, declaring Scopes guilty. Ralston sentenced him to pay a$100 fine. The minister delivered a closing prayer, and then the court was adjourned. Crowds rushed forward to congratulate both Brian and Darrow, because at last, the case newspapers had touted as the trial of the century had come to an end. But the battle over its meaning and the fight over teaching evolution had only just begun.

32:03The Universe

32:09Tracy V. Wilson:Like you have no idea where you are. Audible. Stories that speak to you. James Arthur Ray was a charismatic self-help guru who promised his followers a path to wealth and enlightenment by becoming the best versions of themselves. But not all who followed him finished their journey. After Ray appeared on Oprah, thousands flocked to his events. But what many people didn't know about were his more extreme methods. Methods that push his followers to their limits. giving some the transformative experience they envisioned, and killing others. For the best bingeable series, like the one I just told you about, listen to the Audible True Crime Podcast wherever you get your podcasts.

32:51Tracy V. Wilson:Audible subscribers can get all episodes early and ad-free right now. Join Audible in the Audible app or by subscribing on Apple Podcasts.

33:11Holly Frey:Although Clarence Darrow had made William Jennings Bryan an object of ridicule, Bryan was not about to back down. Having lost as a presidential candidate three times, Bryan was accustomed to rallying from a setback. And he could take comfort in the fact that he and his team had won their case against John Scopes. The court had upheld the anti-evolution law. So determined to build on the trial's momentum, Bryan quickly launched his next offensive, turning his unused closing argument into a fiery new stump speech against evolution. And over the next few days, large crowds in other parts of Tennessee turned out to see Brian speak.

33:46Holly Frey:He hoped it would be the beginning of a national crusade against the teaching of evolution. But his wife and closest advisor did not share his enthusiasm.

33:58Holly Frey:Imagine it's July 26, 1925, You're driving through the forests of East Tennessee with your husband, William Jennings Bryan. You're headed to his next speaking engagement in the town of Winchester. And as he navigates the winding roads, he's been talking nonstop about his plans to challenge the teaching of evolution on a national stage. And so the way I see it, first we must establish the rights of taxpayers to control what is taught in their children's schools. Then we must draw a line between teaching evolution as a theory and teaching it as a fact. These teachers are robbing children of their moral compasses, and we need to put a stop to it.

34:32Holly Frey:You fiddle with your collar and stare out the window. You're your husband's closest confidant, and you feel you cannot remain silent any longer. William, I'm worried about you. You're wearing yourself down. He glances at you, his fingers tightening around the steering wheel. Oh, nonsense. I'm just getting started. Well, I thought we might go home, now that the trial's over. We could both use the rest, and you said you needed to work on your memoirs. Oh, no, no, not just yet. I can't give up now. I've got to keep the movement going. I want to address the Arkansas state legislature, perhaps Texas after that.

35:02Holly Frey:But you're running yourself ragged. I fear this campaign of yours is getting awfully close to crossing the line. What do you mean crossing the line? Well, it's one thing to argue that taxpayers should control public education. That's perfectly legitimate work, but it's starting to feel like you're encroaching on individual beliefs. That, that's a sacred domain that you have no right to interfere with. I don't think I'm doing anything of the sort. Darling, you're not acting like the man I know. Your religious zeal, it's approaching intolerance. I haven't made that mistake yet. But can you truly say you're on the right path?

35:36Holly Frey:Your husband grins, and in his boyish smile, you can see a flicker of the man you married 40 years ago. I think I can say I am on the right path. But can you control your followers? His smile falters. Yes, yeah, I think I could. You catch a hint of doubt in his voice, and you're filled with the sinking feeling that despite his good intentions, the movement your husband started is rapidly spiraling out of control. And you fear that no matter how hard you try, there's nothing you can do to stop it now.

36:10Holly Frey:In the days after the trial, William Jennings Bryan ignored the pleas of his wife Mary, who urged him to slow down. On Saturday, July 26th, thousands flocked to hear him speak in Winchester, Tennessee. He told a reporter, If I should die tomorrow, I believe that on the basis of the accomplishments of the last few weeks, I could truthfully say, well done. The next day, Brian attended church service in Dayton before settling down for an afternoon nap. But he never woke up. Brian died from a stroke. For more than a decade, he had suffered from diabetes, and the stress of the trial took a toll on his already deteriorating health.

36:47Holly Frey:But news of his death, coming just five days after the trial's conclusion, shocked the country. His supporters viewed him as a martyr for the cause, while Brian's critics jokingly blamed Darrow for breaking his heart. H.L. Mencken told a friend, Well, we killed the son of a bitch. Mencken's obituary of Brian was so merciless that his editors forced him to rewrite it. But while much of the nation mourned Brian, Dayton, Tennessee quieted down in the days after the trial. Despite the grand hopes of the boosters who initiated the test case, little had changed in this sleepy town. Only roughly 500 visitors stayed in Dayton during the trial, and half of that number were members of the press.

37:27Holly Frey:There was no lasting effect on the local economy. And in fact, before the week was over, the town had even lost a resident. John Scopes left Dayton for good, eager to put the whole ordeal behind him. Although the school board offered to renew his teaching contract, provided that he comply with the anti-evolution law, he decided to attend graduate school for geology. He credited the scientists for the defense with inspiring his decision, explaining, They had broadened my view of the world. Meanwhile, both sides continued to do battle in the court of public opinion. In the decades that followed, the trial would pass into legend, with popular accounts giving Brian the legal win and Darrow the moral victory.

38:08Holly Frey:But in 1925, journalists and commentators were less certain. Especially in Tennessee, many newspapers claimed that Bryan had held his own. And even in northern cities, the trial's result, combined with the outpouring of grief that followed Bryan's death, convinced many that momentum was shifting in favor of fundamentalism. A liberal journal, The Nation, predicted that the country would soon see a flood of anti-evolution laws in the wake of the trial. And H.L. Mencken warned, The evil that men do lives after them. Brian, in his malice, started something that will not be easy to stop. And although Brian's humiliation in Dayton is often remembered as the death knell for fundamentalism, in the aftermath of the Scopes trial, fundamentalists regrouped.

38:51Holly Frey:In the 1930s, they founded separatist schools, colleges, publishing houses, and radio ministries to promote fundamentalism and continue their attacks on evolution. At the same time, the defenders of civil liberties also rallied. In the weeks after the trial, the American Civil Liberties Union went to work on their appeal. The process dragged on for 18 months, and finally, in January 1927, the Tennessee Supreme Court upheld the Butler Act, but reversed the decision of the Dayton Court on a technicality. Judge Ralston had set the$100 fine when, by law, the fine should have been set by the jury. But rather than send the case back to Ray County, the state Supreme Court dismissed it entirely, commenting, nothing is to be gained by prolonging the life of this bizarre case.

39:36Holly Frey:And with that decision, the defense had no room for further appeal. It was not the ruling on constitutional grounds that Darrell wanted, and he complained the whole matter is left in an unsettled condition. This uncertainty allowed anti-evolution efforts to surge across the South. On the local level, school boards enacted various limits on teaching evolution. On the state level, Texas and Louisiana removed evolution from their state-approved textbooks, and Mississippi and Arkansas passed laws banning the teaching of evolution entirely. But in northern states, efforts to pass anti-evolution bills ended in failure.

40:11Holly Frey:Even so, by the 1930s, national textbook publishers quietly removed or softened content on evolution to cater to southern markets. Their self-censorship transformed American biology classrooms for decades. And it was not until the 1960s that shifting values made anti-evolution laws seem out of step with modern times. Cold War fears about falling behind the Soviet Union in science and technology spurred federal investment in science education, and new biology textbooks emphasizing evolution were widely adopted. The Supreme Court drew new boundaries between church and state, issuing decisions barring religious instruction, school prayer, and Bible readings in public schools, and courts and state legislatures began addressing outdated statutes.

40:56Holly Frey:In 1967, Tennessee repealed the Butler Act, and one year later, the underlying constitutional issues of the Scopes case were finally resolved when the U.S. Supreme Court overturned Arkansas' 1928 anti-evolution law on the grounds that it violated the First Amendment. But the fundamental tensions at the heart of the Scopes trial endured. This case had turned a quiet Tennessee town into a national media frenzy and exposed the fault lines of a rapidly changing nation. And a century later, the trial remains a symbol of ongoing struggles over academic freedom, the separation of church and state, and the question of whether to cling to the past or step into the future.

41:38Holly Frey:From Wondery, this is episode three of our three-part series, Evolution on Trial for American History Tellers. In the next episode, I'll speak about the significance of the Scopes trial 100 years later with Brenda Wineapple, author of the best-selling book, Keeping the Faith, God, Democracy, and the Trial that Riveted a Nation.

42:01Holly Frey:American History Tellers is only possible because of listeners like you, so thank you. And don't miss an episode. Be sure to follow American History Tellers on Audible or wherever you get your podcasts. Audible subscribers can binge new seasons of American History Tellers early and ad-free right now. Join Audible in the Audible app or by subscribing on Apple Podcasts. And to find out more about me, including my other podcasts, my live show, the history tours I'm arranging, and all sorts of other things, go to historyishuman.com. That's historyishuman.com.

42:37Holly Frey:American History Tellers is hosted, edited, and produced by me, Lindsey Graham, for Airship. Audio editing by Christian Paraga. Sound design by Molly Bond. Supervising sound designer Matthew Filler. Music by Lindsey Graham. This episode is written by Ellie Stanton. Edited by Dorian Marina. Produced by Alita Rozanski. Managing producer Desi Blaylock. Senior managing producer Callum Plews. Senior producer Andy Herman. Executive producers are Jenny Lauer-Beckman, Marsha Louis, and Aaron O 'Flaherty for Wondering.

43:14Tracy V. Wilson:One company changed the artificial sweetener industry forever by deleting four words from a tagline. Sales skyrocketed, rivals sued, and a multi-billion dollar war was on. Hey there, I'm David Brown, the host of the podcast Business Wars. Every season we bring you the true stories behind the companies that shape our world, their rivalries, their reinventions, and their spectacular rises and falls. In our new season, we're diving into the bitter battle to own sweetness When scientists discovered that chemicals could deliver the taste of sugar with none of its calories, Sweet and Low, Equal and Splenda fought for space on tabletops, in diet sodas, and on grocery store shelves across America.

43:55Tracy V. Wilson:But as health scares hit and regulators came knocking, the fierce competition between the top three artificial sweeteners turned ugly. Make sure to follow Business Wars wherever you get your podcasts. Audible subscribers can binge all episodes of Business Wars early and ad-free right now. Join Audible in the Audible app or by subscribing on Apple Podcasts.