Shortly after the conclusion of the 1925 Scopes Monkey Trial – officially, the case of State of Tennessee versus John Thomas Scopes, the National Book Company (Cincinnati, Ohio) published transcripts of the trial. Under the title, The World’s Most Famous Court Trial: Tennessee Evolution Case, this claimed to be a “complete stenographic record”. As the title page explains,
“A word-for-word report of the famous court test of the Tennessee anti-evolution act, at Dayton, July 10 to 21, 1925, including speeches and arguments of attorneys, testimony of noted scientists, and Bryan’s last speech.”
The volume included courtroom transcripts for each day of the trial as well as other documents, including:
- statements by the defence submitted to the court
- statements by “noted scientists” submitted at trial for use on appeal
- text of William Jennings Bryan’s last speech (also available from Euston Grove Press)
The National Book Company volume later was reprinted by Rhea County Historical Society as well as by others, such as The Lawbook Exchange.
The transcript now is in the public domain. I have recently digitised the National Book Company’s volume, and I make it available open access and downloadable. The pdf is searchable.
Transcripts Highlights
- pp 74-87 Bryan’s major speech in the case
- pp 170-182 Bryan’s major speech in the case
- pp 284-304 Darrow’s examination of Bryan as an expert on the Bible
- pp. 313 Scopes speaks about his case
Summary of Events Day-to-Day
First Day, Friday, July 10
- Court Opened with Prayer
- Case is Called
- Visiting Counsel Introduced
- Judge’s Charge to Grand Jury
- Raulston Reads First Chapter of Genesis
- New Indictment Returned
- Darrow Brings Up Question About Scientists
- State Outlines its Theories
- Selection of the Jury
The first day began with court opening with prayer and the introduction of visiting counsel. A new indictment against John T. Scopes was returned by the Grand Jury. Initial discussions involved the Defense’s intent to call scientists to testify, which the State immediately vowed to resist as incompetent evidence. The day was primarily dedicated to the selection of the jury. Prospective jurors were questioned regarding their pre-existing opinions on the case or on evolution. The full jury was eventually chosen, but they were not formally sworn in, leading to an adjournment until Monday, July 13.
Second Day, Monday, July 13
- Defense Motion to Quash Indictment
- Judge Retires Jury
- Hays Argues for Motion
- Stewart Answers for State
- Darrow’s Arraignment of the Act
The second day commenced with prayer, followed by the reading of the indictment and the Defense’s motion to quash it. Arguments on the motion were heard with the jury retired. The Defense argued the Anti-Evolution Act was unconstitutional, violating religious liberty, and being void for indefiniteness concerning the “divine creation” story. The State defended the law as a valid exercise of police power to regulate schools. Clarence Darrow delivered a passionate arraignment of the Act, portraying the conflict as a “death struggle between two civilizations”.
Third Day, Tuesday, July 14
- Darrow Objects to Prayer
- Unitarians’, Jews’ and Congregationalists’ Petition on Prayer
- Court Tells of News Leak-Withholds Decision on Motion to Quash
Clarence Darrow formally objected to the continued opening of court with prayer, arguing it was improper given the nature of the case. The Court overruled the objection, affirming the custom was within the judge’s discretion. A petition was presented on behalf of Unitarians, Jews, and Congregationalists requesting non-Fundamentalist clergy be included in the prayers. The Judge delayed his decision on the motion to quash until the next day, citing time constraints and investigating an alleged news leak regarding the opinion’s substance. The Judge warned reporters against publishing the decision prematurely.
Fourth Day, Wednesday, July 15
- More Argument Over Prayer in Court
- Deals with News Leak
- Judge Overrules Motion to Quash
- Defense Pleads Not Guilty and States Case
- Testimony of State’s Witnesses
- Testimony of Dr. Metcalf for Defense
The Court addressed the alleged news leak, concluding the information was a reporter’s deduction from a conversation with the Judge, leading the Judge to caution the press. Judge Raulston read his opinion, overruling the Defense’s motion to quash the indictment, and the Defense noted its exception. Scopes then pleaded not guilty. The State called witnesses, including students Howard Morgan and Harry Shelton, who confirmed Scopes taught that man developed from a single-cell organism and reviewed the evolutionary series in the adopted textbook, Hunter’s Civic Biology. The Defense began presenting the testimony of Dr. Maynard Metcalf, leading the Court to excuse the jury to argue the admissibility of expert scientific evidence.
Fifth Day, Thursday, July 16
- Battle Over Admission of Scientific Testimony
- Bryan’s Son Speaks for State
- Hays for Defense
- Sue Hicks for State
- Ben McKenzie, “We have done crossed the Rubicon”
- Mr. Bryan on Exclusion of Evidence
- Malone’s Fiery Speech in Reply to Bryan
- Stewart Closes Argument on Admission of Expert Testimony
This day was fully dedicated to arguments regarding the admissibility of expert scientific testimony. William Jennings Bryan, Jr. opened for the State, arguing that expert opinions were inherently unreliable and invasive of the jury’s role, especially since the core facts (Scopes teaching evolution) were undisputed. Defense counsel Dudley Field Malone provided a rebuttal, asserting that expert witnesses were necessary to prove the law was unreasonable and to show that evolution was reconcilable with the divine creation story in the Bible. William Jennings Bryan, Sr. delivered a major argument, insisting the statute was plain, defined the unlawful teaching exactly, and that outside experts should not dictate state school policy.
Sixth Day, Friday, July 17
- Judge’s Decision Excluding Expert’s Testimony
- Defense Excepts
- Further Argument on Court’s Ruling
- Colloquy Which Got Darrow for Contempt
The Judge sustained the State’s motion, formally excluding all expert and scientific testimony from the jury. The Court ruled that the statute clearly defined the offense, and external evidence could not alter this reading. Clarence Darrow engaged in a sarcastic exchange with the Judge regarding the competence of the ruling, resulting in a colloquy for which he was later cited for contempt. The Court granted the Defense time to introduce the substance of the excluded testimony into the record, outside the presence of the jury, primarily in affidavit form, for use during an appeal to a higher court.
Seventh Day, Monday, July 20
- Darrow Cited for Contempt
- Governor’s Message
- New Text Books Offered by Defense
- Statements by Defense
- Darrow Apologizes-Forgiven
- Rabbi Rosenwasser
- Rev. W. C. Whitaker
- Dr. H. E. Murkett
- Would Call Burbank
- Noted Scientists’ Statements
– Chas. Hubbard Judd
– Jacob L. Lipman
– Dr. Fay Cooper Cole
– Wilber A. Nelson
– Kirtley F. Mather
– Maynard M. Metcalf
– Winterton C. Curtis
– Prof. Horatio H. Newman - The Sign, “Read Your Bible,” Gives Offense
- Other Bibles Introduced
- Bryan on Witness Stand
The day opened with the Judge citing Clarence Darrow for contempt over his conduct on Friday, but Darrow apologised and the Court accepted his apology. The Defense then read and filed the prepared statements from numerous scientific and Biblical experts for the appellate record. The Defense also successfully moved to remove a large “Read Your Bible” sign displayed in the courtroom, arguing it was prejudicial. In the most dramatic moment, the Defense called William Jennings Bryan to the stand as a hostile witness and questioned him extensively on his literal interpretation of Biblical miracles and chronology, leading to a heated and unfinished confrontation.
VIII Eighth Day, Tuesday, July 21
- Bryan’s Testimony Stricken Out
- Judge Charges Jury
- Jury’s Decision
- Scope’s Receives Sentence
- Talk Fest by Lawyers and Visitors
- Court’s Farewell Message
The Judge opened the final day by expunging William Jennings Bryan’s prior day’s testimony from the court record, stating it shed no light on the issues before the court. As the Defense admitted they could not contradict the single remaining issue (Scopes teaching the descent of man from a lower order of animals), Darrow moved for the jury to be instructed to find Scopes guilty, ensuring the case could advance to the appellate court quickly. The Judge charged the jury, instructing them only on the definition of the statutory violation. The jury returned a guilty verdict after nine minutes. Scopes was fined $100, which he stated was for violating an “unjust statute”. The Defense secured motions necessary for the appeal.
Supplement
- Bryan’s Last Speech Published After His Death
(Mr Bryan’s last speech also is reprinted by Euston Grove Press)
Complete Transcripts of 1925 Scopes Trial
These transcripts come from The World’s Most Famous Court Trial: Tennessee Evolution Case, which claimed to be a “complete stenographic record”.
(This is a large file. It may take a few minutes to load.)
Also available via Internet Archive.