Playback Page #12

There is a silence, then the Judge turns towards the Clerk.

JUDGE:

You may proceed, Mr. Clerk.

CLERK:

(he stands and looks

at Elizabeth)

The Defendant will rise and face

the Jury.

ELIZABETH stands up slowly and turns towards the Jury, who

do not look at her. They stare somewhere over her head.

The Clerk turns back to the Jury.

CLERK:

Gentlemen of the Jury, have you

reached a verdict?

FOREMAN:

(standing)

We have.

CLERK:

And what is your verdict?

FOREMAN:

We the Jury, find the Defendant,

Elizabeth Kinsolving, guilty of

murder in the first degree.

There is a surge of noise in the well of the court. The

Judge raps sharply with his gavel. A couple of PRESSMEN

start to get up, then look back and see that the doors are

guarded and sit down again. The Prosecutor looks grimly

satisfied; he glances at the DEFENDING COUNCIL with a half

smile. Defense Counsel, whose name is LEAMINGTON, is shocked

and pale. Elizabeth shows no reaction at all. Henry

Kinsolving draws his mouth a little tighter, and there is

a gleam in his eye. The Spectators look, for the most part,

very satisfied. Leamington comes to his feet.

LEAMINGTON:

(in a strangled

voice)

Motion to pool the Jury, if it

please the Court.

JUDGE:

So ordered.

The Clerk now proceeds to poll the Jury, saying "Juror No.

1 what is your verdict?" And the Juror answering "Guilty

of murder in the first degree." "Juror No. 2, what is your

verdict?" Etc. This is covered by a series of CLOSE UPS

all answer clearly until the Clerk comes to Juror No. 7,

who mumbles in a low voice.

CLERK:

(to Juror No. 7)

Speak a little louder please.

Juror No. 7 is staring hard at Elizabeth. His face is

twisted with emotion. He is the only Juror who has looked

at her. He swallows, doesn't answer, then his eyes go to

Henry Kinsolving. Henry Kinsolving glares at Juror No. 7.

Juror No. 7 wilts.

JUROR NO. 7

(thickly and

hesitatingly)

Guilty of murder in the first

degree.

The Clerk completes the polling of the Jury, then turns to

the Judge. The Judge nods and Clerk sits down. The courtroom

starts to get noisy again, and the Judge uses his gavel.

BAILIFF:

Order in the Court!

JUDGE:

The Court now has a statement to

make.

He glances towards Elizabeth, who is still standing rigidly.

JUDGE:

(gently)

Please sit down, Mrs. Kinsolving.

Elizabeth sits, and clasps her hands in front of her.

JUDGE:

This court, like most courts, has

occasionally been guilty of judicial

error. Prior to the commencement

of this trail, Mr. Leamington, as

attorney for the Defendant, made a

motion for a change of venue on

the ground that a fair trial could

not be had by this Defendant in

this jurisdiction. Most of you

know why this motion was made.

The Defendant was alleged to have

been tried and convicted in the

columns of the daily newspaper

owned by her father-in-law, Mr.

Henry Kinsolving, and as a result

public opinion was said to have

been prejudiced to the extent that

it was doubtful twelve Jurors could

be found with open minds. This

Court regretfully denied the motion.

It did not believe that a Jury

with open minds could not be found.

The members of this Jury declared

on oath that their minds were open.

The Court had no reason at that

time to disbelieve them.

The Judge looks at the Jury sternly, and they react in

various ways. The Judge's eyes go to Henry Kinsolving, who

stares back at him.

JUDGE:

Elizabeth Kinsolving has been tried

and found guilty of murder of her

husband, Lee Kinsolving. Lee

Kinsolving was the only son of our

most prominent citizen. Mr.

Kinsolving controls, or is said to

control, our leading bank, many of

our business enterprises and our

only daily newspaper. He affords

employment to a large number of

our citizens. His influence on our

affairs is very great.

(dramatic pause)

Perhaps to great.

There is an upsurge of noise in the Court and the Bailiff

shots for order. Prosecutor jumps to his feet.

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