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Clarence Darrow

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Darrow redirects here. Charles Darrow patented the board game Monopoly
Clarence Seward Darrow ca. 1922
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Clarence Seward Darrow ca. 1922

Clarence Seward Darrow (April 18, 1857March 13, 1938) was an American lawyer and leading member of the American Civil Liberties Union, best known defending teenaged thrill killers Leopold and Loeb in their trial for murdering 14 year old Bobby Franks (1924) and defending John T. Scopes in the so-called "Monkey" Trial (1925), in which he opposed the famous prosecutor William Jennings Bryan. He remains famous for his wit, compassion and agnosticism that marked him as one of the most famous American lawyers and civil libertarians.

From Corporate Lawyer to Labor Lawyer

Darrow began his career as a lawyer in Youngstown, Ohio, where he was first admitted to the profession (Judge Alfred W. Mackey). He subsequently moved to Chicago, Illinois, where he soon became a corporations lawyer for the railroad company. His next move was to "cross the tracks," when he switched sides to represent Eugene V. Debs, the leader of the American Railway Union in the Pullman Strike of 1894. Darrow had conscientiously resigned his corporate position in order to represent Debs, making a substantial financial sacrifice in order to do this.

Also in 1894, Darrow took on the first murder case of his career, defending Patrick Eugene Prendergast, the "mentally deranged drifter" who had confessed to murdering Chicago mayor Carter H. Harrison, Sr.[link] Darrow's "insanity defense" failed and Prendergast was executed that same year. Among fifty defenses in murder cases throughout the whole of Darrow's career, the Prendergast case would prove to be the only one resulting in an execution.[link]

Darrow defended Bill Haywood, the leader of the Industrial Workers of the World and the Western Federation of Miners, who was acquitted of charges of being involved in the murder of former Idaho governor Frank Steunenberg in 1905.

His next notable case was the defense of the MacNamara Brothers, who were charged with dynamiting the Los Angeles Times building during the bitter struggle over the open shop in Southern California, resulting in the deaths of 20 employees. When Darrow saw the weight of the evidence against the brothers he convinced them to change their plea to guilty and was able to plea bargain prison sentences instead of the death penalty. After representing the MacNamaras, Darrow was charged with two counts of attempting to bribe jurors, although the brothers' guilty pleas meant that the jurors played no part in the case. Despite being acquitted of both charges, he agreed to never practice law again in California.

From Labor Lawyer to Criminal Lawyer

A further consequence of the bribery charges was that the labor unions dropped Darrow from their list of preferred attorneys. This effectively put Darrow out of business as a labor lawyer, and he switched to acting in criminal cases.

Throughout his career, Darrow devoted himself to opposing the death penalty, which he felt to be in conflict with humanitarian progress. In more than 100 cases, Darrow only lost one murder case in Chicago. He became renowned for moving juries and even judges to tears with his eloquence. Though Darrow's formal education was limited, he did study for one year at the University of Michigan Law School and had a keen intellect often hidden by his rumpled, unassuming appearance.

A July 23, 1915 article in the Chicago Tribune describes Darrow's effort on behalf of J.H. Fox — an Evanston, IL landlord — to have Mary S. Brazelton committed to an insane asylum against the wishes of her family. Fox alleged that Brazelton owed him rent money although other residents of Fox's boarding house testified to her sanity.

In 1924 Darrow took on the case of Leopold and Loeb, the teenage sons of two wealthy Chicago families, who were accused of kidnapping and killing Bobby Franks, a 14-year old boy, to see what it would be like to commit the ultimate crime. Darrow convinced them to plead guilty and then argued for his clients to receive life in prison rather than the dealth penalty.

Darrow based his argument on the claim that his clients weren't completely responsible for their actions, but were the products of the environment they grew up in, and that they could not be held responsible for basing their desire for murder in the atheistic existentialist philosophy of Friedrich Wilhelm Nietzsche. In the end, the judge sentenced Leopold and Loeb to life in prison rather than sending them to be executed.

During the Leopold-Loeb trial, when Darrow was believed to have accepted "a million-dollar fee", many ordinary Americans were angered at his apparent betrayal. In truth, Darrow and his two co-counsels were given $40,000 to split three ways after being denied payments for months by the young men's families.

The

In 1925, Darrow defended John Scopes in the famous "Monkey Trial."

The Scopes Trial of 1925 pitted against each other lawyers William Jennings Bryan and Clarence Darrow (the latter representing teacher John T. Scopes) in an American court case that tested a law passed on March 13, 1925, which forbade the teaching, in any state-funded educational establishment in Tennessee, of "any theory that denies the story of the Divine Creation of man as taught in the Bible, and to teach instead that man has descended from a lower order of animals". This is often interpreted as meaning that the law forbade the teaching of any aspect of the theory of evolution. It has often been called the "Scopes Monkey Trial".

During the trial, Darrow requested that Bryan be called to the stand as an expert witness on the Bible. Over the other prosecutor's objection, Bryan agreed. Many believe that the following exchange caused the trial to turn against Bryan and for Darrow:

"You have given considerable study to the Bible, haven't you, Mr. Bryan?"

"Yes, sir; I have tried to ... But, of course, I have studied it more as I have become older than when I was a boy."

"Do you claim then that everything in the Bible should be literally interpreted?"

"I believe everything in the Bible should be accepted as it is given there ..."

Darrow continued to question Bryan on the actuality of Jonah and the whale, Joshua's making the sun stand still and the Tower of Babel, as Bryan began to have more difficulty answering.

Q: "Do you think the earth was made in six days?"

A: "Not six days of 24 hours ... My impression is they were periods ..."

Q: "Now, if you call those periods, they may have been a very long time?"

A: "They might have been."

Q: "The creation might have been going on for a very long time?"

A: "It might have continued for millions of ..."

Despite such wit from Darrow, the judge in the case eventually ordered the jury to ignore the examination of Bryan. Scopes was found guilty and ordered to pay a $100 fine.

In 1925, he defended Henry Sweet, a young black man living in Detroit with his brother, Dr. Ossian Sweet, in the shooting death of a member of a white mob. The mob of at least a 1,000 people had gathered outside Dr. Sweet's home to force him to move from the neighborhood. Eleven people were originally charged with the murder, and after the first trial ended in a mistrial, Darrow requested separate trials for each defendant and Henry Sweet's was the first. Darrow referred to the trial as one of his best argued, finishing with a legendary eight-hour impassioned closing argument which won acquittal for Henry Sweet from the eleven-man jury, shocking the city. Following the acquittal, charges against the remaining defendants were dropped.

After the 1925 Scopes Trial, Clarence Darrow largely retired from practice, emerging only occasionally to undertake cases, such as the 1932 Massie Trial in Hawaii.

Books By Darrow

A volume of Darrow's boyhood Reminiscences, entitled "Farmington," was published in Chicago in 1903 by McClurg and Company.

Darrow shared offices with Edgar Lee Masters, who achieved more fame for his poetry, in particular the Spoon River Anthology, than for his advocacy. Darrow also took Eugene V. Debs as a partner, following his release from prison.

The papers of Clarence Darrow are located at the Riesenfeld Rare Books Research Center of the University of Minnesota Law School.

Works About Darrow

After his death, a full-length one man play was created, Darrow, featuring Darrow's reminiscences about his career. Originated by Henry Fonda, many actors, including Leslie Nielsen, have since taken on the role of Darrow in this play. The Scopes Monkey trial was fictionalized in another play, entitled Inherit the Wind, which was later turned into a film. Darrow is also mentioned in the musical, Lil Abner.

References

The Story of My Life, Clarence Darrow

External links

Books By Clarence Darrow

Persian Pearl

The Story of My Life

Farmington

Resist Not Evil

 


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