We expect to show that [the Bible] isn’t in conflict with the theory of evolution. We expect to show what evolution is, and the interpretation of the Bible that prevails with men of intelligence who have studied it. [Metcalf] is an evolutionist who has shown amply that he knows his subject and is competent to speak, and we insist that a jury cannot decide this important question which means the final battle ground between science and religion—according to our friend here—without knowing both what evolution is and the interpretation of the story of creation.
The prosecution argued that such testimony was irrelevant to Scopes’ guilt or innocence under the statue. Assistant prosecutor Hicks said:
[W]hy admit these experts? Why admit them? It is not necessary. Why admit them? They invade the province of the jury…If they want to make a school down here in Tennessee to educate our poor ignorant people, let them establish a school out here; let them bring down their experts. The people of Tennesee do not object to that, but we do object to them making a school house or a teachers’ institute out of this court. Such procedure in Tennessee is unknown.
Dudley Field Malone countered for the defense, arguing in a thundering voice that the prosecution’s position was borne of the same ignorance “which made it possible for theologians…to bring Old Galilee to trial.” He concluded by saying:
There is never a duel with the truth. The truth always wins and we are not afraid of it. The truth is no coward. The truth does not need the law. The truth does not need the force of government. The truth does not need Mr. Bryan. The truth is imperishable, eternal and immortal and needs no human agency to support it. We are ready to tell the truth as we understand it and we do not fear all the truth that they can present as facts. We are ready. We are ready. We feel we stand with progress. We feel we stand with science. We feel we stand with intelligence. We feel we stand with fundamental freedom in America. We are not afraid. Where is the fear? We meet it, where is the fear? We defy it, we ask your honor to admit the evidence as a matter of correct law, as a matter of sound procedure and as a matter of justice to the defense in this case.
It was a powerful speech. Anti-evolution lawmaker John Washington Butler (who authored the statute Scopes was charged with violating) called it “the finest speech of the century.” Members of the press gave Malone a standing ovation and most courtroom spectators joined in the sustained applause.