The trial was arranged. The American Civil Liberties Union advertised for a Tennessee teacher willing to test the new statute forbidding the teaching that man descended from a lower order of animals, and a group of Dayton businessmen recruited John Scopes, a young science teacher and football coach, partly to put the town on the map. Scopes was not certain he had ever taught the material. Bryan volunteered for the prosecution; Darrow volunteered for the defence.
The judge excluded the expert scientific testimony the defence had assembled, which removed its case. On the seventh day, with the court moved outdoors because of the heat and the crowd, Darrow called Bryan himself as an expert witness on the Bible, and Bryan agreed to take the stand. The examination that followed is the reason the trial is remembered: questions about Jonah, about Joshua and the sun, about the age of the earth, and Bryan's concession that the days of Genesis might not have been of twenty four hours, which brought objections from his own side. The exchange was expunged from the record the next day and the case went to the jury, which convicted in nine minutes. The fine was a hundred dollars and was set aside on appeal on a technicality, so the statute was never tested.
Bryan died in his sleep in Dayton five days later. He had prepared a closing argument he never delivered and had it published. The play Inherit the Wind, written in 1955, uses the trial as an allegory about McCarthyism, changes the names and much of the substance, and is not a record of what happened; a great deal of what people believe about Dayton comes from it.