<P> After they were brought in, Darrow then addressed the jury, telling them that: </P> <P> We came down here to offer evidence in this case and the court has held under the law that the evidence we had is not admissible, so all we can do is to take an exception and carry it to a higher court to see whether the evidence is admissible or not...we cannot even explain to you that we think you should return a verdict of not guilty . We do not see how you could . We do not ask it . </P> <P> Darrow closed the case for the defense without a final summation . Under Tennessee law, when the defense waived its right to make a closing speech, the prosecution was also barred from summing up its case . </P> <P> Scopes never testified since there was never a factual issue as to whether he had taught evolution . Scopes later admitted that, in reality, he was unsure of whether he had taught evolution (another reason the defense did not want him to testify), but the point was not contested at the trial . </P>

In the 1925 scopes trial a high school teacher in tennessee was prosecuted for teaching