NINE (to TEN very slowly). I don’t know that. What a terrible thing for a man to believe! Since when is dishonesty a group characteristic? You have no monopoly on the truth—
THREE (interrupting). All right. It’s not Sunday. We don’t need a sermon.
NINE. What this man says is very dangerous—
(EIGHT puts his hand on NINE’s arm and stops him. Somehow his touch and his gentle expression calm the old man. He draws a deep breath and relaxes.)
FOUR. I don’t see any need for arguing like this. I think we ought to be able to behave like gentlemen.
SEVEN. Right!
FOUR. If we’re going to discuss this case, let’s discuss the facts.
FOREMAN. I think that’s a good point. We have a job to do. Let’s do it.
ELEVEN (with accent). If you gentlemen don’t mind, I’m going to close the window. (He gets up and does so.) (Apologetically) It was blowing on my neck. (TEN blows his nose fiercely.)
TWELVE. I may have an idea here. I’m just thinking out loud now, but it seems to me that it’s up to us to convince this gentleman—(indicating EIGHT)—that we’re right and he’s wrong. Maybe if we each took a minute or two you know, try it on for size—
FOREMAN. That sounds fair enough. Supposing we go once around the table.
SEVEN. Okay, let’s start it off.
FOREMAN. Right. (To TWO) I guess you’re first.
TWO (timidly). Oh. Well … (Long pause) I just think he’s guilty. I thought it was obvious. I mean nobody proved otherwise.
EIGHT (quietly). Nobody has to prove otherwise. The burden of proof is on the prosecution. The defendant doesn’t have to open his mouth. That’s in the Constitution. The Fifth Amendment. You’ve heard of it.
TWO (flustered). Well, sure, I’ve heard of it. I know what it is. I … what I meant … well, anyway, I think he was guilty.
THREE. Okay, let’s get to the facts. Number one, let’s take the old man who lived on the second floor right underneath the room where the murder took place. At ten minutes after twelve on the night of the killing he heard loud noises in the upstairs apartment. He said it sounded like a fight. Then he heard the kid say to his father, “I’m gonna kill you.” A second later he heard a body falling, and he ran to the door of his apartment, looked out, and saw the kid running down the stairs and out of the house. Then he called the police. They found the father with a knife in his chest.
FOREMAN. And the coroner fixed the time of death at around midnight.
THREE. Right. Now what else do you want?
FOUR. The boy’s entire story is flimsy. He claimed he was at the movies. That’s a little ridiculous, isn’t it? He couldn’t even remember what pictures he saw.
THREE. That’s right. Did you hear that? (To FOUR) You’re absolutely right.
TEN. Look, what about the woman across the street? If her testimony doesn’t prove it, then nothing does.
TWELVE. That’s right. She saw the killing, didn’t she?
FOREMAN. Let’s go in order.
TEN (loud). Just a minute. Here’s a woman who’s lying in bed and can’t sleep. It’s hot, you know. (He gets up and begins to walk around, blowing his nose and talking.) Anyway, she looks out the window, and right across the street she sees the kid stick the knife into his father. She’s known the kid all his life. His window is right opposite hers, across the el tracks, and she swore she saw him do it.
EIGHT. Through the windows of a passing elevated train.
TEN. Okay. And they proved in court that you can look through the windows of a passing el train at night and see what’s happening on the other side. They proved it.
EIGHT. I’d like to ask you something. How come you believed her? She’s one of “them” too, isn’t she?
(TEN walks over to EIGHT.)
TEN. You’re a pretty smart fellow, aren’t you?
FOREMAN (rising). Now take it easy.
(THREE gets up and goes to TEN.)
THREE. Come on. Sit down. (He leads TEN back to his seat.) What’re you letting him get you all upset for? Relax.
FOREMAN. Let’s calm down now. (To FIVE) It’s your turn.
FIVE. I’ll pass it.
FOREMAN. That’s your privilege. (To SIX) How about you?
SIX (slowly). I don’t know. I started to be convinced, you know, with the testimony from those people across the hall. Didn’t they say something about an argument between the father and the boy around seven o’clock that night? I mean, I can be wrong.
ELEVEN. I think it was eight o’clock. Not seven.
EIGHT. That’s right. Eight o’clock. They heard the father hit the boy twice and then saw the boy walk angrily out of the house. What does that prove?
SIX. Well, it doesn’t exactly prove anything. It’s just part of the picture. I didn’t say it proved anything.
FOREMAN. Anything else?
SIX. No.
(SIX goes to the water fountain.)