Darrow Clarence

Photo Darrow Clarence
Clarence Seward Darrow (April 18, 1857 – March 13, 1938) was an American lawyer and leading member of the American Civil Liberties Union, best known for defending teenage thrill killers Leopold and Loeb in their trial for murdering 14-year-old Bobby Franks (1924) and defending John T. Scopes in the Scopes Trial (1925), in which he opposed William Jennings Bryan (statesman, noted orator, and three time presidential candidate for the Democratic Party). Called a "sophisticated country lawyer",[1] he remains notable for his wit and agnosticism that marked him as one of the most famous American lawyers and civil libertarians.[2] Clarence Darrow was the son of Amirus Darrow and Emily (Eddy) Darrow. Clarence's father was an ardent abolitionist and Emily Darrow an early supporter of female suffrage and a women's rights advocate. He attended Allegheny College and the University of Michigan Law School and was admitted to the Ohio bar in 1878. The Clarence Darrow Octagon House, which was his childhood home, contains a memorial to him. Darrow began his career as a lawyer in Youngstown, Ohio, where he was first admitted to the profession by Judge Alfred W. Mackey. He subsequently moved to Chicago, Illinois, where he soon became a corporate lawyer for the railroad company.[3] 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 1895, 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.[4] 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.[4] His next notable case was the defense of the McNamara brothers, who were charged with dynamiting the Los Angeles Times building during the bitter struggle over the open shop in Southern California (21 employees had died as a result of the explosion). Darrow perceived right away that the McNamara brothers were guilty, but he planned to celebrate them as heroes in the struggle of the workers against oppression and to have them acquitted by bribed[who?] jurors. When Darrow was seen standing on a street corner within view from the place where an associate of his handed over money to one of the jurors of the case, he was forced to convince them to change their plea to guilty and was able to plea bargain prison sentences instead of the death penalty. After representing the McNamaras, 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. After two very lengthy trials - in the first, defended by Earl Rogers, he was acquitted; in the second he struggled, defending himself, for a hung jury - he agreed never to practice law again in California and not be retried on the advice and help of his close friend John Jacobs in Greeley, Colorado.[5] 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. Darrow 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, Illinois 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 death 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 proto-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, thinking that he had "sold-out." He issued a public statement stating that there would be no large legal fees and that his fees would be determined by a committee composed of officers from the Chicago Bar Association. After trial, Darrow suggested $200,000 would be reasonable. After lengthy negotiations with the defendant's families, he ended up getting $70,000 in gross fees, which, after expenses and taxes, netted Darrow $30,000.[6] In 1925, Darrow defended John T. Scopes in the Scopes v. State of Tennessee trial of 1925. It has often been called the "Scopes-Monkey Trial," a title popularized by author and journalist H.L. Mencken. This pitted Darrow against William Jennings Bryan in an American court case that tested the Butler Act which had passed on March 21, 1925. The act 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." The law made it illegal for public school teachers in Tennessee to teach that man evolved from lower organisms, but the law was sometimes interpreted as meaning that the law forbade the teaching of any aspect of the theory of evolution. The law did not prohibit the teaching of evolution of any other species of plant or animal. 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: After about two hours, Judge Raulston cut the questioning short, and on the following morning ordered that the whole session (which in any case the jury had not witnessed) be expunged from the record, ruling that the testimony had no bearing on whether Scopes was guilty of teaching evolution. Scopes was found guilty and ordered to pay the minimum fine of $100. A year later, the Tennessee Supreme Court reversed the decision of the Dayton court on a technicality—not the constitutional grounds as Darrow had hoped. According to the court, the fine should have been set by the jury, not Raulston. Rather than send the case back for further action, however, the Tennessee Supreme Court dismissed the case. The court commented, "Nothing is to be gained by prolonging the life of this bizarre case." A white mob in Detroit attempted to drive a black family out of the home they had purchased in a white neighborhood. In the struggle, a white man was killed, and the eleven blacks in the house were arrested and charged with murder. Dr. Ossian Sweet and three members of his family were brought to trial and after an initial deadlock, Darrow argued to the all-white jury: "I insist that there is nothing but prejudice in this case; that if it was reversed and eleven white men had shot and killed a black 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..." Following the mistrial of the 11, it was agreed that each of them would be tried individually. Darrow alongside Thomas Chawke would first defend Ossian's brother Henry, who had confessed to firing the shot on Garland Street. Henry was found not guilty on grounds of self defense and the prosecution determined to drop the charges on the remaining 10. The trials were presided over by the Honorable Frank Murphy, who went on to become Governor of Michigan and an Associate Justice of the Supreme Court of the United States.[7] Darrow's final closing statement, which lasted over 7 hours, is seen as a landmark in the Civil Rights movement, and was included in the book 'Speeches that Changed the World' (given the name 'I Believe in the Law of Love'). Uniquely, the two closing arguments of Clarence Darrow, from the first and second trials, are available, and show how he learned from the first trial and reshaped his remarks.[8] Aged 68, Darrow had already announced his retirement before he volunteered to take part in the Scopes Trial, apart from the Sweet trial later that same year. After those final trials, Darrow would retire from full-time practice, emerging only occasionally to undertake cases such as the 1932 Massie Trial in Hawaii. In his last headline making case, the Massie Trial, Darrow—devastated by the Great Depression—was hired to come to the defense of Grace Hubbard Fortescue, Edward J. Lord, Deacon Jones and Thomas Massie, Fortescue's son-in-law, accused of murdering Joseph Kahahawai. Kahahawai had been accused, along with four other men, of raping and beating Thalia Massie, Thomas' wife and Fortescue's daughter; the resulting 1931 case ended in a hung jury (though the charges were later dropped and repeated investigation has shown them to be innocent). Enraged, Fortescue and Massie then orchestrated the murder of Kahahawai in order to extract a confession and were caught by police officers while transporting his dead body.
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