Sue K. Hicks
Encyclopedia
Sue Kerr Hicks was an American jurist
who practiced law and served as a circuit court judge in the state of Tennessee
. He is best known for his role as a co-instigator and prosecutor in the 1925 trial of John T. Scopes
, a Dayton, Tennessee
teacher accused of teaching the Theory of Evolution in violation of Tennessee state law. Hicks may have also been the inspiration for the Shel Silverstein
song "A Boy Named Sue
," which was popularized by country music
performer Johnny Cash
in 1969.
on December 12, 1895. He was the youngest child of Charles Wesley and Susanna Coltharp Hicks. Hicks was named "Sue" after his mother, who died a few days after giving birth to him. Charles Wesley Hicks, Sue's father, was a prominent Madisonville lawyer, and Wesley J. Hicks, Sue's great-uncle, was the author of a manual on Tennessee Chancery law
practice and played a key role in getting lawsuits dismissed against former Confederate
officers in the Knoxville area after the American Civil War
. Sue trained at Hiwassee College
and the University of Kentucky
before joining his older brother, Herbert, in Dayton, where Herbert had been appointed acting Rhea County
attorney.
In Dayton, the Hicks brothers were regulars at the F.E. Robinson Drugstore, where the town's professionals often gathered to socialize and discuss the issues of the day. In May 1925, the Hicks brothers and other regulars became involved in a discussion over an American Civil Liberties Union
advertisement seeking a challenge to the Butler Act
, a recently-enacted state law barring the teaching of the Theory of Evolution. Realizing the publicity such a case would bring to Rhea County, the group— who would eventually become known as the "drugstore conspirators"— decided to engineer a case that would test the constitutionality of the Butler Act. The group recruited local physics teacher John T. Scopes
— a friend of Sue's— to admit to teaching the Theory of Evolution. One of the conspirators, George Rappleyea
, swore out a warrant for Scopes' arrest on May 5, and charges were filed the following day.
Sue Hicks served as a member of the Scopes Trial prosecution team, although his role was vastly overshadowed by the presence of William Jennings Bryan
, an activist and former presidential candidate who had been invited to join the team as a special prosecutor. While the trial was wildly successful in bringing publicity to Rhea County, much of the publicity was negative, and portrayed local residents as backward and uneducated. And although Scopes was convicted— as had been planned— the "test case" came to an end in 1927, when the Tennessee Supreme Court
ruled the Butler Act constitutional, but overturned Scopes' conviction on a technicality. This kept the case out of the federal court system and ended any chance of it proceeding to the United State Supreme Court
, which the drugstore conspirators had originally hoped. Hicks later wrote the following about his views on the trial:
Between 1936 and 1958, Sue Hicks served as a state circuit court judge, and continued to serve in a reserve status until the 1970s. He presided over more than 800 murder cases, and gained a reputation for being "fair" and "tough". In the mid-1960s, Hicks served as president of the Fort Loudoun Association, and led the early opposition to the Tennessee Valley Authority
's plans to build Tellico Dam
at the mouth of the Little Tennessee River
. Hicks died on June 27, 1980 in Sweetwater, Tennessee
. He is buried at Haven Hill Memorial Gardens in Madisonville. The Sue K. Hicks Papers, which consist primarily of Hicks' correspondence regarding the Scopes Trial and later legal cases, are currently on file at the University of Tennessee Special Collections Library in Knoxville.
, attended a judicial conference in Gatlinburg, Tennessee
— at which Hicks was a speaker— and apparently got the idea for the song title after hearing Hicks introduced. While Cash said he was unaware that Silverstein had any one person in mind when he wrote the song, he did send Hicks two records and two autographed pictures signed, "To Sue, how do you do?"
While his name may have inspired the song's title, Hicks pointed out that the character in the song's lyrics— who seeks revenge against his father after a lifetime of teasing— bore little resemblance to his own life. Hicks' father named him after his deceased mother, who had died from complications with Hicks' birth, rather than, as the song suggests, to make him "strong". Hicks also claimed to have always had a sense of humor about his name, and didn't consider it a source of derision. In 1970, Hicks noted: "It is an irony of fate that I have tried over 800 murder cases and thousands of others, but the most publicity has been from the name 'Sue' and from the evolution trial. ... I was named Sue for my mother, who died after childbirth."
Jurist
A jurist or jurisconsult is a professional who studies, develops, applies, or otherwise deals with the law. The term is widely used in American English, but in the United Kingdom and many Commonwealth countries it has only historical and specialist usage...
who practiced law and served as a circuit court judge in the state of Tennessee
Tennessee
Tennessee is a U.S. state located in the Southeastern United States. It has a population of 6,346,105, making it the nation's 17th-largest state by population, and covers , making it the 36th-largest by total land area...
. He is best known for his role as a co-instigator and prosecutor in the 1925 trial of John T. Scopes
Scopes Trial
The Scopes Trial—formally known as The State of Tennessee v. John Thomas Scopes and informally known as the Scopes Monkey Trial—was a landmark American legal case in 1925 in which high school science teacher, John Scopes, was accused of violating Tennessee's Butler Act which made it unlawful to...
, a Dayton, Tennessee
Dayton, Tennessee
Dayton is a city in Rhea County, Tennessee, United States. The population was 6,180 at the 2000 census. The Dayton, TN, Urban Cluster, which includes developed areas adjacent to the city and extends south to Graysville, Tennessee, had 9,050 people in 2000...
teacher accused of teaching the Theory of Evolution in violation of Tennessee state law. Hicks may have also been the inspiration for the Shel Silverstein
Shel Silverstein
Sheldon Allan "Shel" Silverstein , was an American poet, singer-songwriter, musician, composer, cartoonist, screenwriter and author of children's books. He styled himself as Uncle Shelby in his children's books...
song "A Boy Named Sue
A Boy Named Sue
"A Boy Named Sue" is a song written by Shel Silverstein and performed by Johnny Cash. Cash was at the height of his popularity when he recorded the song live at California's San Quentin State Prison at a concert on 24 February 1969. The concert was filmed by Granada Television for later...
," which was popularized by country music
Country music
Country music is a popular American musical style that began in the rural Southern United States in the 1920s. It takes its roots from Western cowboy and folk music...
performer Johnny Cash
Johnny Cash
John R. "Johnny" Cash was an American singer-songwriter, actor, and author, who has been called one of the most influential musicians of the 20th century...
in 1969.
Life and legal career
Hicks was born in Madisonville, TennesseeMadisonville, Tennessee
Madisonville is a city in Monroe County, Tennessee, United States. The population was 3,939 at the 2000 census. It is the county seat of Monroe County and the location of Hiwassee College.-Geography:...
on December 12, 1895. He was the youngest child of Charles Wesley and Susanna Coltharp Hicks. Hicks was named "Sue" after his mother, who died a few days after giving birth to him. Charles Wesley Hicks, Sue's father, was a prominent Madisonville lawyer, and Wesley J. Hicks, Sue's great-uncle, was the author of a manual on Tennessee Chancery law
Court of equity
A chancery court, equity court or court of equity is a court that is authorized to apply principles of equity, as opposed to law, to cases brought before it.These courts began with petitions to the Lord Chancellor of England...
practice and played a key role in getting lawsuits dismissed against former Confederate
Confederate States of America
The Confederate States of America was a government set up from 1861 to 1865 by 11 Southern slave states of the United States of America that had declared their secession from the U.S...
officers in the Knoxville area after the American Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
. Sue trained at Hiwassee College
Hiwassee College
Hiwassee College is a private, accredited college located in Madisonville, Tennessee, United States. Founded in 1849, the college offers associate degrees as well as four year degrees, The majority of its associate degree graduates go on to attend, and complete, four-year...
and the University of Kentucky
University of Kentucky
The University of Kentucky, also known as UK, is a public co-educational university and is one of the state's two land-grant universities, located in Lexington, Kentucky...
before joining his older brother, Herbert, in Dayton, where Herbert had been appointed acting Rhea County
Rhea County, Tennessee
Rhea County is a county located in the U.S. state of Tennessee. As of 2000, the population was 28,400. Its county seat is Dayton.-Geography:According to the U.S...
attorney.
In Dayton, the Hicks brothers were regulars at the F.E. Robinson Drugstore, where the town's professionals often gathered to socialize and discuss the issues of the day. In May 1925, the Hicks brothers and other regulars became involved in a discussion over an American Civil Liberties Union
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
advertisement seeking a challenge to the Butler Act
Butler Act
The Butler Act was a 1925 Tennessee law prohibiting public school teachers from denying the Biblical account of man’s origin. It was enacted as Tennessee Code Annotated Title 49 Section 1922...
, a recently-enacted state law barring the teaching of the Theory of Evolution. Realizing the publicity such a case would bring to Rhea County, the group— who would eventually become known as the "drugstore conspirators"— decided to engineer a case that would test the constitutionality of the Butler Act. The group recruited local physics teacher John T. Scopes
John T. Scopes
John Thomas Scopes , was a biology teacher in Dayton, Tennessee, who was charged on May 5, 1925 for violating Tennessee's Butler Act, which prohibited the teaching of evolution in Tennessee schools...
— a friend of Sue's— to admit to teaching the Theory of Evolution. One of the conspirators, George Rappleyea
George Rappleyea
George Washington Rappleyea , a New Yorker, was a metallurgical engineer and the manager of the Cumberland Coal and Iron Company in Dayton, Tennessee. He held this position in the summer of 1925 when he became the chief architect of the Scopes Trial...
, swore out a warrant for Scopes' arrest on May 5, and charges were filed the following day.
Sue Hicks served as a member of the Scopes Trial prosecution team, although his role was vastly overshadowed by the presence of William Jennings Bryan
William Jennings Bryan
William Jennings Bryan was an American politician in the late-19th and early-20th centuries. He was a dominant force in the liberal wing of the Democratic Party, standing three times as its candidate for President of the United States...
, an activist and former presidential candidate who had been invited to join the team as a special prosecutor. While the trial was wildly successful in bringing publicity to Rhea County, much of the publicity was negative, and portrayed local residents as backward and uneducated. And although Scopes was convicted— as had been planned— the "test case" came to an end in 1927, when the Tennessee Supreme Court
Tennessee Supreme Court
The Tennessee Supreme Court is the state supreme court of the state of Tennessee. Cornelia Clark is the current Chief Justice.Unlike other states, in which the state attorney general is directly elected or appointed by the governor or state legislature, the Tennessee Supreme Court appoints the...
ruled the Butler Act constitutional, but overturned Scopes' conviction on a technicality. This kept the case out of the federal court system and ended any chance of it proceeding to the United State Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
, which the drugstore conspirators had originally hoped. Hicks later wrote the following about his views on the trial:
"We cannot speak other than with commendation as to the conduct of Judge Raulston in the Scopes Case. It was a very trying case. Religious fanatics, reds, and all manner of rabble were assembled at this trial, and at times the excitement of the crowd became almost a frenzy, and almost beyond the control of the small number of officers which we had at our disposal. Beside the attorneys for the defense did every thing they could to provoke the Court and to get on the front pages of the newspapers as much as they could, so the situation was very hard to handle."
Between 1936 and 1958, Sue Hicks served as a state circuit court judge, and continued to serve in a reserve status until the 1970s. He presided over more than 800 murder cases, and gained a reputation for being "fair" and "tough". In the mid-1960s, Hicks served as president of the Fort Loudoun Association, and led the early opposition to the Tennessee Valley Authority
Tennessee Valley Authority
The Tennessee Valley Authority is a federally owned corporation in the United States created by congressional charter in May 1933 to provide navigation, flood control, electricity generation, fertilizer manufacturing, and economic development in the Tennessee Valley, a region particularly affected...
's plans to build Tellico Dam
Tellico Dam
Tellico Dam is a dam built by the Tennessee Valley Authority in Loudon County, Tennessee on the Little Tennessee River just above the main stem of the Tennessee River. It impounds the Tellico Reservoir....
at the mouth of the Little Tennessee River
Little Tennessee River
The Little Tennessee River is a tributary of the Tennessee River, approximately 135 miles long, in the Appalachian Mountains in the southeastern United States.-Geography:...
. Hicks died on June 27, 1980 in Sweetwater, Tennessee
Sweetwater, Tennessee
Sweetwater is a city in Monroe and McMinn counties in the U.S. state of Tennessee, and the most populous city in Monroe County. The population was 5,586 at the 2000 census. Sweetwater is the home of the Craighead Caverns which contains the Lost Sea, the United States' largest underground...
. He is buried at Haven Hill Memorial Gardens in Madisonville. The Sue K. Hicks Papers, which consist primarily of Hicks' correspondence regarding the Scopes Trial and later legal cases, are currently on file at the University of Tennessee Special Collections Library in Knoxville.
Inspiration for "A Boy Named Sue"
Hicks' oddly feminine first name may have inspired the song, "A Boy Named Sue", which Johnny Cash first performed in 1969. The song's author, Shel SilversteinShel Silverstein
Sheldon Allan "Shel" Silverstein , was an American poet, singer-songwriter, musician, composer, cartoonist, screenwriter and author of children's books. He styled himself as Uncle Shelby in his children's books...
, attended a judicial conference in Gatlinburg, Tennessee
Gatlinburg, Tennessee
Gatlinburg is a mountain resort city in Sevier County, Tennessee, United States. As of the 2000 U.S. Census, Gatlinburg had a population of 3,828. The city is a popular vacation resort, as it rests on the border of the Great Smoky Mountains National Park along U.S...
— at which Hicks was a speaker— and apparently got the idea for the song title after hearing Hicks introduced. While Cash said he was unaware that Silverstein had any one person in mind when he wrote the song, he did send Hicks two records and two autographed pictures signed, "To Sue, how do you do?"
While his name may have inspired the song's title, Hicks pointed out that the character in the song's lyrics— who seeks revenge against his father after a lifetime of teasing— bore little resemblance to his own life. Hicks' father named him after his deceased mother, who had died from complications with Hicks' birth, rather than, as the song suggests, to make him "strong". Hicks also claimed to have always had a sense of humor about his name, and didn't consider it a source of derision. In 1970, Hicks noted: "It is an irony of fate that I have tried over 800 murder cases and thousands of others, but the most publicity has been from the name 'Sue' and from the evolution trial. ... I was named Sue for my mother, who died after childbirth."
External links
- Scopes Trial: A Creation and Science History Project — trial transcript