Editing Scopes trial (section)

===Planning===
[[File:John t scopes.jpg|thumb|left|upright=0.8|[[John T. Scopes]] in 1925]]
On April 5, 1925, [[George Rappleyea]], the local manager for the Cumberland Coal and Iron Company, arranged a meeting with county superintendent of schools [[Walter White (Tennessee politician)|Walter White]] and local attorney [[Sue K. Hicks]] at Robinson's Drug Store in Dayton, convincing them that the controversy of such a trial would give Dayton much needed publicity. According to Robinson, Rappleyea said "As it is, the law is not enforced. If you win, it will be enforced. If I win, the law will be repealed. We're game, aren't we?" The men then summoned 24-year-old [[John T. Scopes]], a Dayton high school science and math teacher. The group asked Scopes, who had substituted for the regular biology teacher, to admit to teaching the theory of evolution.<ref name=TN_Library>{{cite web | title=A Monkey on Tennessee's Back: The Scopes Trial in Dayton | work=Tennessee State Library and Archives | url=http://www.tn.gov/tsla/exhibits/scopes/index.htm | access-date=November 13, 2011 | archive-date=April 9, 2009 | archive-url=https://web.archive.org/web/20090409042530/http://www.tn.gov/tsla/exhibits/scopes/index.htm | url-status=dead }}</ref>{{sfn|de Camp|1968}} 

Rappleyea pointed out that, while the Butler Act prohibited the teaching of the theory of evolution, the state required teachers to use [[George William Hunter]]'s textbook, ''[[Civic Biology|Civic Biology: Presented in Problems]]'', which explicitly described and endorsed the theory of evolution, as well as [[scientific racism]] and [[eugenics]]; and that teachers were, therefore, effectively required to break the law.<ref name="Linder Introduction">[http://www.law.umkc.edu/faculty/projects/ftrials/scopes/evolut.htm An introduction to the John Scopes (Monkey) Trial] {{Webarchive|url=https://web.archive.org/web/20110114063239/http://www.law.umkc.edu/faculty/projects/ftrials/scopes/evolut.htm |date=January 14, 2011 }} by Douglas Linder. UMKC Law. Retrieved April 15, 2007.</ref> Scopes mentioned that while he could not remember whether he had actually taught evolution in class, he had, however, gone through the evolution chart and respective chapter with the class. He told the group that he would be  willing to stand trial if they could prove that he had taught evolution and could qualify as a defendant.{{sfn|Scopes|Presley|1967|p=60}} 

Scopes urged students to testify against him and coached them in their answers.<ref>{{harvnb|Larson|1997|p=108}} "Scopes had urged the students to testify against him, and coached them in their answers."</ref> Judge [[John T. Raulston]] accelerated the convening of the grand jury and "...{{nbsp}}all but instructed the grand jury to indict Scopes, despite the meager evidence against him and the widely reported stories questioning whether the willing defendant had ever taught evolution in the classroom".<ref>{{harvnb|Larson|1997|p=108}}</ref> Scopes was charged on May 5<!--Still working; Summer for the Gods--> and indicted on May 25 for teaching from the chapter on evolution to a high school class in violation of the Butler Act, after three students testified against him to the grand jury. One student afterwards told reporters: "I believe in part of evolution, but I don't believe in the monkey business."<ref>{{harvnb|Larson|1997|pp=89, 107}}</ref> Scopes was nominally arrested, though he was never actually detained. Paul Patterson, owner of ''[[The Baltimore Sun]]'', put up $500 in bail for Scopes.<ref>''The New York Times'' May 26, 1925: pp. 1, 16</ref>{{sfn|de Camp|1968|p=410}} The original prosecutors were Herbert E. and Sue K. Hicks, two brothers who were local attorneys and friends of Scopes, but the prosecution was ultimately led by [[Tom Stewart (politician)|Tom Stewart]], the [[district attorney]] for the 18th Circuit who later became a U.S. Senator from Tennessee.<ref>{{Cite news|url=http://www.bookofdaystales.com/scopes-monkey-trial/|title=Scopes Monkey Trial|date=July 21, 2015|work=Book of Days Tales |access-date=February 28, 2018|language=en-US}}</ref> Stewart was aided by Dayton attorney Gordon McKenzie, who supported the anti-evolution bill on religious grounds, and described evolution as "detrimental to our morality" and an assault on "the very citadel of our Christian religion."<ref>{{harvnb|Larson|1997|p=107}}</ref>

Hoping to attract major press coverage, Rappleyea went so far as to write to British novelist [[H. G. Wells]] asking him to join the defense team. Wells replied that he had no legal training in Britain, let alone in America, and declined the offer. [[John Randolph Neal, Jr.|John R. Neal]], a law school professor from [[Knoxville, Tennessee|Knoxville]], announced that he would act as Scopes' attorney whether Scopes liked it or not, and he became the nominal head of the defense team.{{citation needed|date = July 2015}} [[Baptist]] pastor [[William Bell Riley]], the founder and president of the World Christian Fundamentals Association, was instrumental in calling lawyer and three-time [[Democratic Party of the United States|Democratic]] [[President of the United States|presidential]] nominee, former [[United States Secretary of State]], and lifelong [[Presbyterianism|Presbyterian]] [[William Jennings Bryan]] to act as that organization's counsel. Bryan had originally been invited by Sue Hicks to become an associate of the prosecution and Bryan had readily accepted, despite the fact he had not tried a case in thirty-six years. As Scopes pointed out to James Presley in the book ''Center of the Storm'', on which the two collaborated: "After [Bryan] was accepted by the state as a special prosecutor in the case, there was never any hope of containing the controversy within the bounds of constitutionality."{{sfn|de Camp|1968|pp=72–74, 79}}{{sfn|Scopes|Presley|1967|pp=66–67}}

[[File:Clarence Darrow during Scopes Trial cph.3a44036.jpg|thumb|right|upright=0.8|[[Clarence Darrow]] in 1925, during the trial]]
Following the recruitment of Bryan, [[Clarence Darrow]] approached John Neal of the defense team and offered his services.<ref>{{harvnb|Larson|1997|p=73}}</ref>  Neal accepted, without consulting the rest of the team or the defendant himself. The ACLU had been seeking out an addition to the defense that would parallel Bryan's political experience, but had previously indicated that they did not want Darrow involved out of concern that his staunch  [[agnosticism]] would imperil the defense team's case.<ref>{{harvnb|Larson|1997|p=73}}</ref><ref>{{harvnb|Larson|1997|p=100}}</ref> Darrow later claimed he was motivated to join the defense after he "realized there was no limit to the mischief that might be accomplished unless the country was aroused to the evil at hand".<ref>{{harvnb|Larson|1997|p=101}}</ref> After many changes back and forth, the defense team consisted of Darrow; ACLU attorney [[Arthur Garfield Hays]]; [[Dudley Field Malone]], an international divorce lawyer who had worked at the [[United States Department of State|State Department]]; W.&nbsp;O. Thompson, who was Darrow's law partner; and F.&nbsp;B. McElwee.<ref name="The Scopes Trial">{{Cite web|url=https://www.bryan.edu/about/college-history/scopes-trial/|title=The Scopes Trial|website=Bryan College|language=en-US|access-date=2019-01-18}}</ref> The defense was also assisted by librarian and Biblical authority Charles Francis Potter, who was a modernist [[Unitarianism|Unitarian]] preacher.<ref name="The Scopes Trial"/>