CBA Record March-April 2023

accused of bribing a potential juror. His associate was caught giving a juror money while Darrow was present. During a three-month trial, for the first time, Dar row’s life was at the mercy of a jury. He was found not guilty. The judge said that this was a good day because Darrow “stood for something important.” Reflect ing on the judge’s words and after some soul searching, Darrow decided to “spend the rest of his life doing what he can for the best of man.” For the rest of his career, Darrow devoted himself to opposing the death penalty and fighting for human rights. His eloquence moved juries and even judges to tears. In Illinois v. Nathan Leo pold and Richard Loeb, a notorious 1924 Chicago case, Darrow agreed to represent the defendants (17 and 18 years old) in the murder of a 14-year-old boy. Leopold and Loeb admitted to killing the boy – Darrow thought they did it because they wanted to show their superiority. The public disliked the defendants, who were extremely smart and rich. Darrow took

the case because it challenged his own biases of who is entitled to representation. In the end, Darrow’s argument to over come cruelty with kindness and hatred with love was persuasive enough for the defendants to avoid the death penalty. His fees were decided by The Chicago Bar Association. Next came the famous State of Ten nessee v. Scopes trial, in 1925. Darrow defended the teacher; he saw the trial as an attack on education and the freedom of thought. Tennessee banned the teach ing of anything outside of the bible – in this case, a state law banned the teach ing of evolution in a state-funded school. Darrow knew that the case would make a statement about the plurality of thought and, because it was the first trial to be broadcast over the radio, would garner a national audience. Darrow lost the case, but the Tennessee Supreme Court reversed the decision on a technicality and only issued a $100 fine to Scopes. Later in 1925, the NAACP asked Darrow to represent 11 Black Detroit

men, including a physician, Ossian Sweet, who were accused of killing a White man who attacked Sweet’s home as part of a White mob. Darrow argued to an all White jury: "I insist that there is nothing but prejudice in this case; that if it was reversed and 11 White men had shot and killed a Black man while protecting their home and their lives against a mob of Blacks, nobody would have dreamed of having them indicted. They would have been given medals instead...." Sweet’s brother was found not guilty on grounds of self-defense, and charges were dropped against the remaining 10 defendants. Darrow lived a full life contributing to our country’s laws as well as our values. The adage that history repeats itself is true: many of the issues Darrow struggled for and against – racism, education, human rights – are still with us today. Laws help create a structure for humanity, but Darrow – and his representation in Morel la’s masterful performance – reminds us that “[f]reedom comes from human beings, not from laws or institutions.”

Local Solutions. Global Reach.

CBA RECORD 15

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