The Great Trial

The impending trial at Dayton, Tenn., of Teacher John T. Scopes for giving instruction in Evolution, contrary to a state law, continued to clutter the press with reiteration of the issues at stake, which adherents of both sides of the case stoutly believed would "educate" the public up to the grave importance of the trial and its everlasting effect upon U. S. pedagogy, science, morals, history, religion.

In Atlanta, Ga., William Jennings Bryan held a consultation with associate lawyers for the prosecution, of which he is chief. Emerging from behind closed doors, he reassured the public that the issue of the trial was purely and simply the right of the people of a state to dictate the conduct of schools created and supported by them. He further reminded the public that this would be the first trial of any magnitude in which he had taken part since 1897, when he assisted Nebraska in suits over rail rates.

In Dayton, Walter White, superintendent of schools in Rhea County, had thousands of letterheads printed defining himself as "Prosecutor in the State of Tennessee vs. John T. Scopes--Evolution Case." Assisting Mr. White, perspiring, in shirt sleeves, were many "real live wires," who kept a stenographer frantic taking letters on the impressive letterheads to all sorts and conditions of people.

"Prosecutor" White was taken aback when Teacher Scopes, returning in a daze from a visit with his counsel in Manhattan (TiME, June 22), asked that his post in the Rhea County High School be given him again next fall. Teacher Scopes entered into the spirit of the trial sufficiently to let Sheriff R. B. Harris formally serve his indictment in front of the drug store where the conversation that led to the test suit was held. Press cameras clicked and "Prosecutor" White & Co. were busier than ever sending out the results.

One Nick Gibson, publicity man, retracted a suit for $1,500 damages in which he claimed having originated the trial for a "stunt." The city commissioners of Dayton settled with Gibson out of court for $300.

At Knoxville, Tenn., counsel for the defense--John Randolph Neal of Dayton, chief; associates Clarence Darrow and Bainbridge Colby--formulated plans Associate Counsels Dudley Field Malone and Charles H. Strong (Secretary of the N. Y. City Bar Association, appointed as "observer" by the Unitarian Laymen's League) were absent. The defense made known that it would seek not only to test the exact legal issues of the case--i. e., the constitutionality of the anti-Evolution law--but also public education in science through the testimony of eleven eminent scientists. One of this eleven--Dr. Henry Fairfieldl Osborn of the American Museum of Natural History --last week published a book* dedicated to Teacher Scopes, leveled at Lawyer Bryan, in which he used Bryan's own words: "The real question is, did God use evolution as his plan?" Dr. Osborn, of course, maintained that He did.

At Nashville, John E. Edgerton, president National Association of Manufacturers :

"Such a spectacle as the turning of an American court into an advertising arena for publicity seekers with warped mentalities and a parade ground for freaks, fanatics and fools, ought to be impossible in the country which gave John Marshall to immortal fame. . . . The walking delegates of agnosticism, atheism, communism and bolshevism will be there. Everything will be represented except Science and Religion."

*THE EARTH SPEAKS TO BRYAN--Henry Fairfield Osborn--Scribner ($1.00).