The speech made a profound impression. Townspeople agreed that anything might happen with that man Darrow around. Judge Raulston adjourned court until Wednesday in order that he might consider the motion to quash.
That night, as we gathered in our haunted house for a conference, a terrific storm swept the town. When a brilliant flash of lightning struck nearby, Darrow said: "Boys, if lightning strikes this house tonight ... 1"
Tuesday was a quiet day. At Rappelyea's office, where he had been invited to take advantage of the secretarial facilities, Potter found that the stenographer would not take dictation from any Unitarian minister. Rappelyea himself was arrested three times for speeding in the course of his service to us as guide and chauffeur. We were besieged by Holy Rollers, who came in from the hills to convert us. We also had to protect ourselves from a supporter. H. L. Mencken had come to town. His vitriolic articles so antagonized the people we wanted most to reach that we had to persuade him to leave the scene.
After the jury was sworn in on Wednesday, the Court ruled against the Defense motion to quash the indictment. The law, said Judge Raulston, did not deprive anyone of speech, thought or opinion, for no one need accept employment in Tennessee. He ruled the law constitutional,s aying that the public has the right to say, by legislative act or referendum, whether Latin, chemistry or astronomy might be taught in its schools.
The Prosecution then called the county superintendent of schools, the heads of the school board and seven students. All testified to what Scopes had taught. Darrow limited his cross-examination to establishing simply that the State had furnished the textbook. After offering the King James version of the Bible as an exhibit, the Prosecution rested.
The first witness for the defense was Maynard Metcalf. A recognized scientist, he was also an eminent Congregational layman and teacher of one of the largest Bible classes in the country. Darrow established his competence as a witness, then asked a question on evolution. The Prosecution at once challenged the testimony as irrelevant; according to them the only question was: Did Scopes violate the law?
The judge agreed to hear arguments on this point the next day. Meanwhile he excused the jury, with instructions not to enter the courtroom or to remain within hearing of the loudspeakers. A lot of angry jurors filed out. They had not only lost their reserved seats, but also were barred from the proceedings entirely.
The trial reached its high point on Thursday. After an impassioned plea by the State's Attorney against the admission of expert testimony, Bryan took over for the Prosecution. Instead of making good on his challenge of "a duel to the death," he argued against the presentation of scientific evidence. He said that the jury did not need the help of scientists or Bible experts to decide the facts and to interpret the law: "The law is what the people decided. " He then presented an enlargement of the picture of the evolutionary tree from the textbook Scopes had used; it showed man in a circle with other mammals. Bryan shouted: "Talk about putting Daniel in the lions' den. How dare these scientists put man in a little ring with lions and tigers and everything that smells of the jungle. . . . One does not need to be an expert to know what the Bible says . .. . Expert testimony is not needed!"
With that speech Bryan lost the argument with the press and with the radio audience. When Malone had finished his reply, Bryan had also lost the argument, for a time, with most of his Dayton followers.