Everything You Didn’t Know About Clarence Darrow
A newly released book brings new insight into the trial attorney made famous by the Scopes monkey trial
- By T.A. Frail
- Smithsonian.com, June 11, 2011, Subscribe
(Page 2 of 3)
In Darrow’s day there was open warfare between labor and capital. He stepped into that war in a major way in Idaho in 1907, when he defended Big Bill Haywood and two other unionists charged with murdering a former governor. You write that, “Of all of Darrow’s courtroom speeches, his summation in the Haywood case was arguably the most brilliant, and dangerous.” In what way brilliant, and in what way dangerous?
It’s brilliant in its eloquence. In those days attorneys and prosecutors could speak for up to 12 hours, or even longer—Darrow, in the Leopold and Loeb case, spoke for three days. The Haywood summation is long, and to the modern ear it tends to wander, but you have to think of him standing in the courtroom and speaking to the jury, and going back and forth over his major themes like a weaver. That speech is amazing, for his ability both to tear apart the prosecution’s case and to draw from the jurors—who were not union men, but were working men—an appreciation for what labor was trying to do.
It was extraordinarily dangerous because he was using a plea for a client as a soapbox. He made a very political speech, talking in almost socialistic terms about the rights of the working class, and there was a danger that the jury would react against that—as one of his juries later did in Los Angeles. But it was a very small courtroom and the defense table was right up against the jurors; over the course of 90 days he got a very good sense of who they were, talking during breaks, listening to them, watching them as they listened to the testimony. I think it was an informed bet he was willing to make.
In that trial, there was a whisper that Darrow, or someone working for the defense, tried to bribe potential witnesses. And after he defended two brothers accused of firebombing the Los Angeles Times in 1911, Darrow himself was tried—twice—on charges that he’d bribed jurors in that trial. He was acquitted the first time, but the second case ended with the jury hung 8-4 for convicting him. So: Did he do it?
In the book I argue that he almost certainly did. It’s going to be a puzzle for historians forever; I don’t think we’re ever going to find one piece of paper on which Darrow wrote to one of his cohorts, “Hey, did you make sure you got the juror that bribe?” But all the evidence indicates—well, there certainly was an attempt by the defense to bribe jurors; the question is, to what extent did Darrow know about it and to what extent did he actually inspire it? One of the most compelling things for me was to find in his mistress’s diary from years later that she concluded he had the capacity to do it. She had been his most faithful supporter and had insisted on his innocence.
He was very careful in talking to his friends and family about the charges. He never actually said, “I didn’t do this.” He pled not guilty, but he believed that guilt was always a matter of motive and intent. And in this case he thought he had a good motive and a good intent because he was fighting for labor.
Darrow grew up on a hardscrabble farm in Ohio and told his friend Jane Addams, “I have never been able to get over the dread of being poor, and the fear of it.” But he had a pretty complicated relationship with money, didn’t he?
He did, and it got him into a lot of trouble. His law partner for a time was Edgar Lee Masters, the famous poet, and Masters said it was the money that ruined him. And Darrow did need money, because, for one thing, he was a womanizer. He was supporting two households—his first wife and their son, and then his second wife. It also cost money to run around chasing other women.
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Comments (2)
Darrow was a first class "mensch"... That's the yiddles' word for describing a guy who would do the right thing in trial and treatment of the underdog..there have been too few like him in written history.
Others , about whom much has been written in description of their "goodness" level, may or may not have , in truth been as historians have written...persionalities of those who have lived long ago, have been embellished, for better or worse and there's not much detail of their lives to qualify them for the title..Mensch"
Darrow is "current".. we know him....
Posted by JAy Gould on June 16,2011 | 05:55 AM
I remember a couple of things about Darrow. In the Sweet trial the prosecution had a lot of witnesses who said they were there and there was no mob. Darrow pointed out that just that number of witnesses was enough to constitute a mob. Which ought to have strongly suggested to the jurors that (a) yes, there was a mob and (b) the prosecution witnesses were liars.
Darrow was also educated "way back when." I'd had the attitude that students of that era received a far better education. In his autobiography Darrow complained about how watered-down his education actually was. But maybe we were both right. (Today the phrase is "dumbed-down, not "watered-down.")
Posted by Brad Spencer on June 13,2011 | 10:38 AM