This case is now before the court upon a motion by the [prosecution] to exclude from the consideration of the jury certain expert testimony offered by the defendant, the import of such testimony being an effort to explain the origin of man and life. The state insists that such evidence is wholly irrelevant, incompetent and impertinent to the issues pending, and that it should be excluded. Upon the other hand, the defendant insists that this evidence is highly competent and relevant to the issues involved, and should be admitted. . . . In the final analysis this court, after a most earnest and careful consideration, has reached the conclusions that under the provisions of the act involved in this case, it is made unlawful thereby to teach in the public schools of the state of Tennessee the theory that man descended from a lower order of animals. If the court is correct in this, then the evidence of experts would shed no light on the issues. Therefore, the court is content to sustain the motion of the [prosecution] to exclude the expert testimony.
Darrow was livid and accused Raulston of bias. “I do not understand,” said Darrow, “why every suggestion of the prosecution should meet with an endless waste of time, and a bare suggestion of anything that is perfectly competent on our part should be immediately overruled.” Raulston asked Darrow, “I hope you do not mean to reflect upon the court?” Darrow replied, “Well, your honor has the right to hope.” Raulston responded, “I have the right to do something else” and held Darrow in contempt of court. Darrow later apologized for his remark, prompting a big hand from spectators, and Raulston dropped the contempt citation. Darrow and Raulston shook hands.
After expressing concern that the courtroom floor might collapse from the weight of so many spectators, Raulston transferred the proceedings to the lawn outside the courthouse. There, the defense read into the record, for purpose of appellate review, excerpts from the prepared statements of eight scientists and four experts on religion who had been prepared to testify. The statements of the experts were widely reported by the press, helping Darrow succeed in his efforts to turn the trial into a national biology lesson.