“But suppose,” I asked him, “a prisoner is actually not disturbing the peace. Suppose he is simply saying his say in a quiet and orderly manner.”
“I’ll arrest him anyhow,” said the cop.
“Even if no one complains of him?”
“I’ll complain myself.”
“Under what law precisely?”
“We don’t need no law for them kind of people.”
It sounded like New York in the old days, before Mayor Gaynor took the constitution out of cold storage and began to belabor the gendarmerie with it. The captain admitted freely that speaking in the streets was not disturbing the peace so long as the speaker stuck to orthodox Christian doctrine as it is understood by the local exegetes.
A preacher of any sect that admits the literal authenticity of Genesis is free to gather a crowd at any time and talk all he wants. More, he may engage in a disputation with any other expert. I have heard at least a hundred such discussions, and some of them have been very acrimonious. But the instant a speaker utters a word against divine revelation he begins to disturb the peace and is liable to immediate arrest and confinement in the calaboose beside the railroad tracks.
Such is criminal law in Rhea county as interpreted by the uniformed and freely sweating agents. As I have said, there are legal authorities in Chattanooga who dissent sharply, and even argue that the cops are a set of numbskulls and ought to be locked up as public nuisances. But one need not live a long, incandescent week in the Bible belt to know that jurisprudence becomes a new science as one crosses the border. Here the ordinary statutes are reinforced by Holy Writ, and whenever there is a conflict Holy Writ takes precedence.
Judge Raulston himself has decided, in effect, that in a trial for heresy it is perfectly fair and proper to begin proceedings with a prayer for the confutation and salvation of the defendant. On lower levels, and especially in the depths where policemen do their thinking, the doctrine is even more frankly stated. Before laying Christians by the heels the cops must formulate definite charges against them. They must be accused of something specifically unlawful and there must be witnesses to the act. But infidels are fera naturae, and any cop is free to bag at sight and to hold them in durance at his pleasure.
To the same category, it appears, belong political and economic radicals. News came the other day to Pastor T.T. Martin, who is holding a continuous anti-evolution convention in the town, that a party of I.W.W.’s, their pockets full of Russian gold, had started out from Cincinnati to assassinate him. A bit later came word they would bump off Bryan after they had finished Martin, and then set fire to the town churches. Martin first warned Bryan and then complained to the police. The latter were instantly agog. Guards were posted at strategic centers and a watch was kept upon all strangers of a sinister appearance. But the I.W.W.’s were not caught. Yesterday Pastor Martin told me that he had news that they had gone back to Cincinnati to perfect the plot. He posts audiences at every meeting. If the Reds return they will be scotched.
Arthur Garfield Hays, who is not only one of the counsel for the infidel Scopes but also agent and attorney of the notorious American Civil Liberties Union in New York, is planning to hold a free speech meeting on the Courthouse lawn and so make a test of the law against disturbing the peace as it is interpreted by the Polizei. Hays will be well advertised if he carries out this subversive intention. It is hot enough in the courtroom in the glare of a thousand fundamentalist eyes; in the town jail he would sweat to death.
Rhea county is very hospitable and, judged by Bible belt standards, very tolerant. The Dayton Babbitts gave a banquet to Darrow, despite the danger from lightning, meteors and earthquakes. Even Malone is treated politely, though the very horned cattle in the fields know that he is a Catholic and in constant communication with the Pope. But liberty is one thing and license is quite another. Within the bounds of Genesis the utmost play of opinion is permitted and even encouraged. An evangelist with a new scheme for getting into Heaven can get a crowd in two minutes. But once a speaker admits a doubt, however cautiously, he is handed over to the secular arm.
Two Unitarian clergymen are prowling around the town looking for a chance to discharge their “hellish heresies.” One of them is Potter, of New York; the other is Birckhead, of Kansas City.* So far they have not made any progress. Potter induced one of the local Methodist parsons to give him a hearing, but the congregation protested and the next day the parson had to resign his charge. The Methodists, as I have previously reported, are regarded almost as infidels in Rhea county. Their doctrines, which seem somewhat severe in Baltimore, especially to persons who love a merry life, are here viewed as loose to the point of indecency. The four Methodists on the jury are suspected of being against hanging Scopes, at least without a fair trial. The State tried to get rid of one of them even after he had been passed; his neighbors had come in from his village with news that he had a banjo concealed in his house and was known to read the Literary Digest.
The other Unitarian clergyman, Dr. Birckhead, is not actually domiciled in the town, but is encamped, with his wife and child, on the road outside. He is on an automobile tour and stopped off here to see if a chance offered to spread his “poisons.” So far he has found none.
Yesterday afternoon a Jewish rabbi from Nashville also showed up, Marks by name. He offered to read and expound Genesis in Hebrew, but found no takers. The Holy Rollers hereabout, when they are seized by the gift of tongues, avoid Hebrew, apparently as a result of Ku Klux influence. Their favorite among all the sacred dialects is Hittite. It sounds to the infidel like a series of college yells.
Judge Raulston’s decision yesterday afternoon in the matter of Hays’ motion was a masterpiece of unconscious humor. The press stand, in fact, thought he was trying to be jocose deliberately and let off a guffaw that might have gone far if the roar of applause had not choked it off. Hays presented a petition in the name of the two Unitarians, the rabbi and several other theological “Reds,” praying that in selecting clergymen to open the court with prayer hereafter he choose fundamentalists and anti-fundamentalists alternately. The petition was couched in terms that greatly shocked and enraged the prosecution. When the judge announced that he would leave the nomination of chaplains to the Pastors’ Association of the town there was the gust of mirth aforesaid, followed by howls of approval. The Pastors’ Association of Dayton is composed of fundamentalists so powerfully orthodox that beside them such a fellow as Dr. John Roach Straton would seem an Ingersoll.*
The witnesses of the defense, all of them heretics, began to reach town yesterday and are all quartered at what is called the Mansion, an ancient and empty house outside the town limits, now crudely furnished with iron cots, spittoons, playing cards and the other camp equipment of scientists. Few, if any, of these witnesses will ever get a chance to outrage the jury with their blasphemies, but they are of much interest to the townspeople. The common belief is that they will be blown up with one mighty blast when the verdict of the twelve men, tried and true, is brought in, and Darrow, Malone, Hays and Neal with them. The country people avoid the Mansion. It is foolish to take unnecessary chances. Going into the courtroom, with Darrow standing there shamelessly and openly challenging the wrath of God, is risk enough.
The case promises to drag into next week. The prosecution is fighting desperately and taking every advantage of its superior knowledge of the quirks of local procedure. The defense is heating up and there are few exchanges of courtroom amenities. There will be a lot of oratory before it is all over and some loud and raucous bawling otherwise, and maybe more than one challenge to step outside. The cards seem to be stacked against poor Scopes, but there may be a joker in the pack. Four of the jurymen, as everyone knows, are Methodists, and a Methodist down here belongs to the extreme wing of liberals. Beyond him lie only the justly and incurably damned.
What if one of those Methodists, sweating under the dreadful pressure of fundamentalist influence, jumps into the air, cracks his heels together
and gives a defiant yell? What if the jury is hung? It will be a good joke on the fundamentalists if it happens, and an even better joke on the defense.
* Charles Francis Potter, a clergyman of the West Side Unitarian Church, helped Darrow as a Bible expert.
* Stratton was a principal leader of the anti-evolution campaign. He debated Potter extensively.
X
Mencken Declares Strictly Fair Trial Is Beyond Ken of Tennessee Fundamentalists
From The Baltimore Evening Sun, July 16, 1925
Dayton, Tenn., July 16—Two things ought to be understood clearly by heathen Northerners who follow the great cause of the State of Tennessee against the infidel Scopes. One is that the old mountebank, Bryan, is no longer thought of as a mere politician and jobseeker in these Godly regions, but has become converted into a great sacerdotal figure, half man and half archangel—in brief, a sort of fundamentalist pope. The other is that the fundamentalist mind, running in a single rut for fifty years, is now quite unable to comprehend dissent from its basic superstitions, or to grant any common honesty, or even any decency, to those who reject them.
The latter fact explains some of the most astonishing singularities of the present trial—that is, singularities to one accustomed to more austere procedures. In the average Northern jurisdiction much of what is going on here would be almost unthinkable. Try to imagine a trial going on in a town in which anyone is free to denounce the defendant’s case publicly and no one is free to argue for it in the same way—a trial in a courthouse placarded with handbills set up by his opponents—a trial before a jury of men who have been roweled and hammered by those opponents for years, and have never heard a clear and fair statement of his answer.
But this is not all. It seems impossible, but it is nevertheless a fact that public opinion in Dayton sees no impropriety in the fact that the case was opened with prayer by a clergyman known by everyone to be against Scopes and by no means shy about making the fact clear. Nor by the fact that Bryan, the actual complainant, has been preparing the ground for the prosecution for months. Nor by the fact that, though he is one of the attorneys of record in the case, he is also present in the character of a public evangelist and that throngs go to hear him whenever he speaks, including even the sitting judge.
I do not allege here that there is any disposition to resort to lynch law. On the contrary, I believe that there is every intent to give Scopes a fair trial, as a fair trial is understood among fundamentalists. All I desire to show is that all the primary assumptions are immovably against him—that it is a sheer impossibility for nine-tenths of those he faces to see any merit whatever in his position. He is not simply one who has committed a misdemeanor against the peace and dignity of the State, he is also the agent of a heresy almost too hellish to be stated by reputable men. Such reputable men recognize their lawful duty to treat him humanely and even politely, but they also recognize their superior duty to make it plain that they are against his heresy and believe absolutely in the wisdom and virtue of his prosecutors.
In view of the fact that everyone here looks for the jury to bring in a verdict of guilty, it might be expected that the prosecution would show a considerable amiability and allow the defense a rather free plan. Instead, it is contesting every point very vigorously and taking every advantage of its greatly superior familiarity with local procedure. There is, in fact, a considerable heat in the trial. Bryan and the local lawyers for the State sit glaring at the defense all day and even the Attorney General, A.T. Stewart, who is supposed to have secret doubts about fundamentalism, has shown such pugnacity that it has already brought him to forced apologies.
The high point of yesterday’s proceedings was reached with the appearance of Dr. Maynard M. Metcalfe, of the Johns Hopkins. The doctor is a somewhat chubby man of bland mien, and during the first part of his testimony, with the jury present, the prosecution apparently viewed him with great equanimity. But the instant he was asked a question bearing directly upon the case at bar there was a flurry in the Bryan pen and Stewart was on his feet with protests. Another question followed, with more and hotter protests. The judge then excluded the jury and the show began.
What ensued was, on the surface, a harmless enough dialogue between Dr. Metcalfe and Darrow, but underneath there was very tense drama. At the first question Bryan came out from behind the State’s table and planted himself directly in front of Dr. Metcalfe, and not ten feet away. The two McKenzies followed, with young Sue Hicks at their heels.
Then began one of the clearest, most succinct and withal most eloquent presentations of the case for the evolutionists that I have ever heard. The doctor was never at a loss for a word, and his ideas flowed freely and smoothly. Darrow steered him magnificently. A word or two and he was howling down the wind. Another and he hauled up to discharge a broadside. There was no cocksureness in him. Instead he was rather cautious and deprecatory and sometimes he halted and confessed his ignorance. But what he got over before he finished was a superb counterblast to the fundamentalist buncombe. The jury, at least, in theory heard nothing of it, but it went whooping into the radio and it went banging into the face of Bryan.
Bryan sat silent throughout the whole scene, his gaze fixed immovably on the witness. Now and then his face darkened and his eyes flashed, but he never uttered a sound. It was, to him, a string of blasphemies out of the devil’s mass—a dreadful series of assaults upon the only true religion. The old gladiator faced his real enemy at last. Here was a sworn agent and attorney of the science he hates and fears—a well-fed, well-mannered spokesman of the knowledge he abominates. Somehow he reminded me pathetically of the old Holy Roller I heard last week—the mountain pastor who damned education as a mocking and a corruption. Bryan, too, is afraid of it, for wherever it spreads his trade begins to fall off, and wherever it flourishes he is only a poor clown.
But not to these fundamentalists of the hills. Not to yokels he now turns to for consolation in his old age, with the scars of defeat and disaster all over him. To these simple folk, as I have said, he is a prophet of the imperial line—a lineal successor to Moses and Abraham. The barbaric cosmogony that he believes in seems as reasonable to them as it does to him. They share his peasant-like suspicion of all book learning that a plow hand cannot grasp. They believe with him that men who know too much should be seized by the secular arm and put down by force. They dream as he does of a world unanimously sure of Heaven and unanimously idiotic on this earth.
This old buzzard, having failed to raise the mob against its rulers, now prepares to raise it against its teachers. He can never be the peasants’ President, but there is still a chance to be the peasants’ Pope. He leads a new crusade, his bald head glistening, his face streaming with sweat, his chest heaving beneath his rumpled alpaca coat. One somehow pities him, despite his so palpable imbecilities. It is a tragedy, indeed, to begin life as a hero and to end it as a buffoon. But let no one, laughing at him, underestimate the magic that lies in his black, malignant eye, his frayed but still eloquent voice. He can shake and inflame these poor ignoramuses as no other man among us can shake and inflame them, and he is desperately eager to order the charge.
In Tennessee he is drilling his army. The big battles, he believes, will be fought elsewhere.
XI
Malone the Victor, Even Though Court Sides with Opponents, Says Mencken
From The Baltimore Evening Sun, July 17, 1925
Dayton, Tenn., July 17—Though the court decided against him this morning, and the testimony of the experts summoned for the defense will be banned out of the trial of the infidel Scopes, it was Dudley Field Malone who won yesterday’s great battle of rhetoricians. When he got upon his legs it was the universal assumption in the courtroom that Judge Raulston’s mind was already made up, and that nothing that any lawyer for the defense could say would shake him. But Malone unquestionably shook him. He was, at the end, in plain doubt, and he showed it by his questions. It took a night’s repose to restore him to normalcy.
The prosecution won, but it came within an inch of losing.
Malone was put up to follow and dispose of Bryan, and he achieved the business magnificently. I doubt that any louder speech has ever been heard in a court of law since the days of Gog and Magog. It roared out of the open windows like the sound of artillery practice, and alarmed the moonshiners and catamounts on distant peaks. Trains thundering by on the nearby railroad sounded faint and far away and when, toward the end, a table covered with standing and gaping journalists gave way with a crash, the noise seemed, by contrast, to be no more than a pizzicato chord upon a viola da gamba. The yokels outside stuffed their Bibles into the loud-speaker horns and yielded themselves joyously to the impact of the original. In brief, Malone was in good voice. It was a great day for Ireland. And for the defense. For Malone not only out-yelled Bryan, he also plainly out-generaled and out-argued him. His speech, indeed, was one of the best presentations of the case against the fundamentalist rubbish that I have ever heard.
It was simple in structure, it was clear in reasoning, and at its high points it was overwhelmingly eloquent. It was not long, but it covered the whole ground and it let off many a gaudy skyrocket, and so it conquered even the fundamentalists. At its end they gave it a tremendous cheer—a cheer at least four times as hearty as that given to Bryan. For these rustics delight in speechifying, and know when it is good. The devil’s logic cannot fetch them, but they are not above taking a voluptuous pleasure in his lascivious phrases.
The whole speech was addressed to Bryan, and he sat through it in his usual posture, with his palm-leaf fan flapping energetically and his hard, cruel mouth shut tight. The old boy grows more and more pathetic. He has aged greatly during the past few years and begins to look elderly and enfeebled. All that remains of his old fire is now in his black eyes. They glitter like dark gems, and in their glitter there is immense and yet futile malignancy. That is all that is left of the Peerless Leader of thirty years ago. Once he had one leg in the White House and the nation trembled under his roars. Now he is a tinpot pope in the Coca-Cola belt and a brother to the forlorn pastors who belabor half-wits in galvanized iron tabernacles behind the railroad yards. His own speech was a grotesque performance and downright touching in its imbecility. Its climax came when he launched into a furious denunciation of the doctrine that man is a mammal. It seemed a sheer impossibility that any literate man should stand up in public and discharge any such nonsense. Yet the poor old fellow did it. Darrow stared incredulous. Malone sat with his mouth wide open. Hays indulged himself one of his sardonic chuckles. Stewart and Bryan fils looked extremely uneasy, but the old mountebank ranted on. To call a man a mammal, it appeared, was to flout the revelation of God. The certain effect of the doctrine would be to destroy morality and promote infidelity. The defense let it pass. The lily needed no gilding.
A Religious Orgy in Tennessee Page 6