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172 Cards in this Set

  • Front
  • Back

FOUR:




Shall we all admit right now that it is hot and


humid and our tempers are short?




It's been a pretty hard week.

FOREMAN:




How about sitting down? The gentleman at the


window. How about sitting down?




Oh, I'm sorry.

THREE:





Right. Let's vote now.






All right. Let us vote.

THREE:





Do you really believe he's not guilty?




I don't know.


TWELVE:




In six days, I could learn Calculus. This is A, B, C.








I don't believe that it is as simple as A, B, C.

THREE:





I never saw a guiltier man in my life.






What does a guilty man look like? He is not guilty until we say he is guilty. Are we to vote on his face?

THREE:




You sat in court and heard the same things I did.



The man's a dangerous killer. You could see it.



Where do you look to see if a man is a killer?

THREE:




Oh, well!...





I would like to know.


Tell me what facial characteristics of a killer are. Maybe you know something I don't know.

FOUR:




Look! What is there about the case that makes you think the boy is innocent?




He's nineteen years old.

THREE:




All right. They proved it a dozen ways. Do you


want me to list them?




No.

TEN:





Do you believe the kid's story?





I don't know whether I believe it or not.


Maybe I don't.

SEVEN:




So what'd you vote not guilty for?





There were eleven votes for guilty - it's not so easy for me to raise my hand and send a boy off to die without talking about it first.

FOUR:





Or me?




No one.

SEVEN:




Is there something wrong because I voted fast?




Not necessarily.

SEVEN:



I think the guy's guilty. You couldn't change my mind if you talked for a hundred years.

I don't want to change your mind.

THREE:



Just what are you thinking of?

I want to talk for a while. Look - this boy's been kicked around all hid life. You know - living in a slum - his mother dead since he was nine. That's not a very good head start. He's a tough, angry kid. You know why slum kids get that way? Because we knock 'em over the head once a day, every day. I think maybe we owe him a few words. That's all.

TWO:



Oh. Well... I just think he's guilty. I thought it was obvious.

In what way was it obvious?

TWO:



I mean that nobody proved otherwise.

Nobody has to prove otherwise; innocent until proven guilty. 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:



Well, sure - I've heard of it. I know what it is... I... what I meant... well, anyway... I think he's guilty!

No reasons - just guilty.



There is a life at stake here.

THREE:



Right. Now what else do you want?

It doesn't seem to fit.

He didn't have any ticket stub.

Who keeps a ticket stub at the movies?

TEN:



Just a minute.


Here's a woman who's lying in bed and can't sleep. It's hot, you know. Anyway, she wakes up and she looks out the window, and right across the street she sees the kid stick the knife into his father.

How can she really be sure it was the kid when she saw it through the windows of a passing elevated train?

TEN:



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.

I heard her swear to it.

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.

Weren't you just telling us just a minute or two ago that you can't trust them? That you can't believe them.

TEN:



So?

Then I'd like to ask you something. How come you believed her? She's one of them, too, isn't she?

FOUR:



Gentlemen, they did take us out to the woman's room and we looked through the windows of a passing el train - didn't we?

Yes. We did.

FOUR:



And weren't you able to see what happened on the other side?

I didn't see as well as they told me I would see, but I did see what happened on the other side.

ELEVEN:



I think it was eight o'clock. Not seven.

That's right. Eight o'clock.

Six:

Right.

What does that prove?

SEVEN:



I don't know - most of it's been said already. We can talk all day about this thing, but I think we're wasting our time.

I don't.

SEVEN:



This is a very find boy.

Ever since he was five years old his father beat him up regularly. He used his fists.

THREE:

Come on, now. He didn't mean you, feller. Let's not be so sensitive.

Who did he mean?

FOREMAN:



It's your turn.

All right. I had a peculiar feeling about this trial. Somehow I felt that the defense counsel never really conducted a thorough cross-examination. Too many questions were left unasked.

THREE:



So-o-o-o?



This is a point.

THREE:

What about facts?

So many questions were never answered.

THREE:



What about the questions that were answered? For instance, let's talk about that cute little switch knife. You know, the one that fine uptight kid admitted buying.

All right, let's talk about it. Let's get it in here and look at it. I'd like to see it again, Ms. Foreman.

FOUR:



The knife is a pretty strong piece of evidence, don't you agree?

I do.

TWELVE:



The boy admits going out of his house at eight o'clock, after being slapped by his father.

Or punched.

FOUR:



Am I right so far?

Right.

FOUR:



Everyone connected with with the case identified this knife. Now are you trying to tell me that someone picked up off the street and went up to the boy's house and stabbed his father with it just to be amusing.

No. I'm saying that it's possible that the boy lost the knife and that someone else stabbed his father with a similar knife. It's possible.

FOUR:

Take a look at that knife. It's a very strange knife. I've never seen one like it before in my life. Neither had the storekeeper who sold it to him. Aren't you trying to make us accept a pretty incredible coincidence?

I'm not trying to make anyone accept it. I'm just saying it's possible.

FOUR:



Where did you get it?

I got it in a little junk shop around the corner from the boy's house. It cost two dollars.

THREE:

Now listen to me.

I'm listening.

You pulled a real smart trick here, but you proved absolutely zero. Maybe there are knives like that, so what?

Maybe there are.

The boy lied and you know it.

And maybe he didn't lie. Maybe he did lose the knife and maybe he did go to the movies. Maybe the reason the cashier didn't see him was because he sneaked into the movies, and maybe he was ashamed to say so. Is there anybody here who didn't sneak into the movies once or twice when they were young?

FOUR:

Oh.

Maybe he did go to the movies - maybe he didn't. And - he may have lied.

(to TEN)



Do you think he lied?

TEN:

Now that's a stupid question. Sure, he lied!

Do you?

FOUR:

You didn't have to ask me that. You know my answer. He lied.

(to FIVE)



Do you think he lied?

SEVEN:



Now wait a second. What are you - the guy's lawyer? Listen - there are still eleven of us who think he's guilty. You're alone. What do you think you're going to accomplish? If you want to be stubborn and hang this jury he'll be tried again, and found guilty sure as he's born.

You're probably right.

SEVEN:

Oh, now. Come on.

(To NINE)



Well, yes, that's true.

FOUR:



Obviously you don't think the boy is guilty.

I have a doubt in my mind.

TEN:



Still, you know...

I've got a proposition to make.



I want you to call for a vote. I want you eleven to vote by secret ballot. I'll abstain. If there are still eleven votes for guilty. I won't stand alone. We'll take in a guilty verdict right now.

THREE:



All right! Who did it? What idiot changed his vote?

Is that the way to talk about a man's life?

SEVEN:



Look. Supposing you answer me this. If the kid didn't kill him, who did?

As far as I know, we're supposed to decide whether or not the boy on trial is guilty. We're not concerned with anyone else's motives here.

SEVEN:



I suppose, but who else had a motive.

The kid's father was along in years, maybe an old grudge.

THREE:

Now, if that's not good enough for you -

It's not enough for me.

THREE:



Well, what have you got to say about that?

I don't know. It doesn't sound right to me.

THREE:



Well, supposing you think about it. Lend me your pencil. Let's play some tic-tac-toe. We might as well pass the time.

This isn't a game.

THREE:



Now, wait a minute.

This is a man's life.

FOUR:



Weren't we talking about elevated trains?

Yes, we were.

FOUR:



So?

All right. How long does it take an elevated train going at top speed to pass a given point?

FOUR:



What has that got to do with anything?

How long would it take? Guess.

NINE:



I don't think they mentioned it.

What do you think?

FIVE:



About ten or twelve seconds - maybe.

I'd say that was a fair guess.



Anyone else?

FOUR:



All right, we're agreed. Ten seconds. What are you getting at?

This. An el train passes a given point in ten seconds. That given point is the window of the room in which the killing took place. You can almost reach out of the window of that room and touch the el. Right?

FOUR:



So?

All right.



Now let me ask you this. Did anyone here ever live right next to the el tracks?

FIVE:

I've lived close to them.

They make a lot of noise, don't they?



I've lived right by the el tracks. When your window is open and the train goes by, the noise is almost unbearable. You can't hear yourself think.

TEN:



Okay. You can't hear yourself think. Get to the point.

The old man who lived downstairs heard the boy say -

THREE:



He didn't say it, he screamed it.

The old man heard the boy scream, "I'm going to kill you," and one second later he heard a body fall.

One second. That's the testimony, right?

TWO:



Right.

The woman across the street looked through the windows of the last two cars of the el and saw the body fall. Right?

TWELVE:

So?

The last two cars.

The last two cars.

TEN:

What are you giving us here?

An el train takes ten seconds to pass a given point, or two seconds per car. The el had been going by the old man's window for at least six seconds and maybe more before the body fell, according to the woman. The old man would have had to hear the boy say, "I'm going to kill you," while the front of the el was roaring past his nose. It's not possible that he could have heard it.

THREE:

What do you mean! Sure, he could have heard it.

With an el train going by?

THREE:



He said the boy yelled it out.

An el train makes a lot of noise.

THREE:



What are you people talking about?


Are you calling that old man a liar?

Something doesn't fit.

THREE:



You keep coming up with these bright sayings. Why don't you send one in to a newspaper? They pay two dollars.

What does that have to do with a man's life?

(to NINE)

Why might the old man have lied? You have a right to be heard.

THREE:



If you want to admit you're a liar, that's all right by me.

Now, that is too much!

THREE:



She's a liar. She just told us so.

She did not say she was a liar; she was explaining.

THREE:



Didn't you admit that you're a liar?

Please - she was explaining the circumstances so that we could understand why the old man might have lied. There is a difference.

THREE:



A liar is a liar, that's all there is to it

Please - have some compassion.

FOUR:



I think they've covered it.

I hope we have.

FOREMAN:

Come on. Let's get on with it.

I'll take one. Thank you. Now - there's something else I'd like to point out here. I think we proved the old man couldn't have heard the boy say, "I'm going to kill you."

FOUR:



Let's hear her through, anyway.

But supposing the old man really did hear the boy say, "I'm going to kill you." This phrase - how many times has each of you used it? Probably hundreds. "If you do that once more, Junior, I'm going to murder you." "Come on, Rocky, kill him!" We say it every day. That doesn't mean that we're really going to kill someone.

TEN:

And how they mean it!

Well, let me ask you this. Do you really think they boy would should out a thing like that so that the whole neighborhood would hear it? I don't think so. He's much too bright for that.

FOUR:



He said he went. I remember it now. He went from his bedroom to the front door. That's enough, isn't it?

Where was his bedroom, again?

TEN:

Down the hall somewhere.

Down the hall! Are we to send a man off to die because it's down the hall "somewhere"?

TEN:



I thought you remembered everything. Don't you remember that?

No, I don't.

NINE:

I don't remember, either.

Ms. Foreman, I'd like to take a look at the diagram of the apartment.

SEVEN:

Why don't we have them run over the trial over just so you can get everything straight?

The bedroom is down the hall somewhere. Do you know - do you know exactly where it is? Please. A man's life is at stake. Do you know?

SEVEN:



Well, ah...

Ms. Foreman.

FOUR:



Are we going to start wading through all that nonsense about where the body was found?

We're not. We're going to find out how a man who's had two strokes in the past three years and who walks with a pair of canes could get to his front door in fifteen seconds.

THREE:



He's an old man. You saw that. Half the time he was confused. How could he be positive about - anything? Well, ah - you know.

No, I don't know. Maybe you know.

FOREMAN:

You want this?

Yes, please.

FOUR:



Some of us are interested. Go ahead.

All right. This is the apartment in which the killing took place. The old man's apartment is directly beneath it, and exactly the same. Here are the el tracks. The bedroom. Another bedroom. Living room. Bathroom. Kitchen. And this is the hall. Here's the front door to the apartment, and here are the steps. Now, the old man was in bed in this room. He says he got up, went out into the hall, down the hall to the front door and opened it and looked out just in time to see the boy racing down the stairs. Am I right?

SEVEN:



That's what happened!

Fifteen seconds after he heard the body fall.

ELEVEN:



Correct.

His bed was at the window. It's twelve feet from his bed to the bedroom door. The length of the hall is forty-three feet six inches. He had to get up out of bed, get his canes, walk twelve feet, open the bedroom door, walk forty-three feet and open the front door - all in fifteen seconds. Do you think this is possible?

THREE:



What are you doing?

I want to try this thing. Let's see how long it took him. I'm going to pace off twelve feet - the length of the bedroom.

FOUR:



I can't see any harm in it. Foolish, but go ahead.

Hand me a chair, please. All right. This is the bedroom door. How far would you say it is from here to the door of this room?

TWO:

Just about.

Twenty feet is close enough. All right, from here to the door and back is about forty feet. It's shorter than the length of the hall the old man had to move through. Wouldn't you say that?

FOREMAN:

We can't stop him.

Do you mind if it try it? According to you, it'll only take fifteen seconds. We can spare that. Who's got a watch with a second hand?

TWO:

I have.

When you want me to start, stamp your foot. That'll be the body failing.

TWO:

We'll time you from there.

Let's say he keeps his canes right at his bedside. Right?

FOUR:

Right!

Okay. I'm ready.

THREE:

No, it isn't.

If you think I should go faster, I will.

FOUR:



Speed it up a little.

Stop.

TWO:

Right.

What's the time?

FOUR:

Quite a discrepancy.

It's my guess that the old man was trying to get to the door, heard someone racing down the stairs and assumed that it was the boy.

THREE:



Assumed? Now, listen to me, you people. I've seen all kinds of dishonesty in my day - but this little display take the cake.

What dishonesty?

THREE: Tell him! You come in here with your heart bleeding all over the floor about slum kids and injustice and you make up these wild stories, and you've got some soft-hearted old ladies listening to you. Well, I'm not. I'm getting real sick of you. What's the matter with you people? The kid is guilty! He's got to burn! We're letting him slip through our fingers.

Our fingers. Are you his executioner?

THREE:



I'm one of them!

Perhaps you'd like to pull the switch.

THREE:



For this kid? You bet I'd like to pull the switch!

I'm sorry for you.

THREE:



Don't start with me!

What it must feel like to want to pull the switch!

THREE:



Shut up!

You're a sadist...

THREE:



Shut up!

You want to see this boy die because you personally want it - not because of the facts. You are a beast. You disgust me.

THREE:



Shut up. Let me go! I'll kill him! I'll kill him!

You don't really mean you'll kill me, do you?

TWELVE:



Well, we're still nowhere.

No, we're somewhere, or getting there - maybe.

FOREMAN:

Eight?

Not guilty.

THREE:


It's got to be unanimous - and we're never going to convince him.

At first I was alone. Now five others agree; there is a doubt.

TWELVE:



I tell you what, maybe we are a hung jury. It happens sometimes.

We are not going to be a hung jury.

FOREMAN:

Are we or aren't we a hung jury?

You mean that we vote yes, we are a hung jury, or no, we are not a hung jury?

FOREMAN:



Eight?

No.

Foreman:



Then we aren't a hung jury - so we go on.

Good! We go on.

FOUR:

And it might have taken a few seconds to get a handkerchief out and wipe the fingerprints away.

This is a point.

TWELVE:



Divorce yourself from this particular case - just human nature.

Yes, it seems reasonable.

THREE:



Maybe the kid held his mouth.

That also seems possible.

FOUR:



So the story of the old man may well be true.

Except for the fact that he absolutely swore, under oath, that it was fifteen seconds.

NINE:



We seem to all agree that it was twenty-five to forty seconds later.

You are now admitting that the old man lied in one case and told the truth in the other. I admit that this does tend to confirm the story of the old man, but in part he is now a proven liar - and this by your own admission.

FOREMAN:



It seems to be about nine guilty to three not guilty.

One more question about the old man downstairs. How many of you live in apartment buildings?

ELEVEN:



I do not live in a tenement, but it is close and there is just enough light in the hall so you can see the steps, no more - the light bulbs are so small - and this murder took place in a tenement. Remember how we stumbled on the steps?

The police officers were using big bulbs and one even had a flashlight. Remember?

ELEVEN:



An old man who misjudged the time by twenty seconds, on this we all agree, this old man looked down the dark hallway of a tenement and recognized a running figure?

He was one hundred percent wrong about the time; it took twice as long as he thought.

FOUR:



Or where your father came from.

Maybe it wouldn't hurt us to take a few tips from people who came running here! Maybe they learned something we don't know. We're not so perfect.

ELEVEN:



Please... I am used to this... It's all right. Thank you.

It's not all right.

SEVEN:

Okay-okay-I apologize. Is that what you want?

That's what I want.

THREE:



Now just calm down. Nobody's hurt, are they?

No. Nobody's hurt.

SIX:



Down and in. I guess there's no argument.

Did you ever stab a man?

SIX:

Of course not.

Did you?

THREE:

All right, let's not be silly.

Did you?

THREE:



No, I didn't!

Where do you get all your information about how it's done?

THREE:

What do you mean? It's just common sense.

Have you ever seen a man stabbed?

THREE:



No.

All right. I want to ask you something. The boy was an experienced knife-fighter. He was even sent to reform school for knifing someone. Isn't that so?

TWELVE:



That's right.

Look at this. Doesn't is seem like an awkward way to handle a knife?

FIVE:



Wait a minute! What's the matter with me? Give me the knife!

Have you ever seen a knife fight?

FIVE:

Yes, I have.

In the movies?


FIVE:


In my backyard. On my stoop. In the vacant lot across the street. Too many of them. Switch knives came with the neighborhood where I lived. Funny that I didn't think of it before. I guess you try to forget those things. Anyone who's ever used a switch knife would never have stabbed downward. You use it underhanded.

Then he couldn't have made the kind of wound that killed his father.

TEN:



Neither do I. You're giving us a lot of mumbo-jumbo.

(To 12) What do you think?

TWELVE:



Well I don't know.

(To 7) What about you?

THREE:



We have. Guilty.

I want to know - is the kid smart or is the kid dumb?

FOUR:

What do you mean?

This is a kid who has gone to the reform school for knife fighting. The night of the murder he bought a knife, a switch knife. It would then take a very stupid kid to go and murder a man, his father, with an instrument that everyone would associate with the kid.

THREE:



I quite agree, he's dumb.

However, if he were dumb, then why did he make the kind of wound that an inexperienced man would make with a knife?

FOREMAN:

I'm not sure I understand.

To murder someone must take a great emotion, great hatred. And at that moment he would handle the knife as best he could, and a trained knife-fighter would handle it as he had been trained, underhand... A man who had not been trained would go overhead... But the kid is being very smart. Everyone knows that he is an experienced knife-fighter - so he is smart enough at the moment to make the wound that an amateur would make. That man is a smart man. Smart enough to wipe the fingerprints away, perhaps even smart enough to wipe the fingerprints away, perhaps even smart enough to wait until an el train was going by in order to cover the noise. Now, is the kid smart, or is he dumb?

NINE:



Well, the woman across the el tracks saw the murder through the el train, so someone in that el train could have seen the murder, too.

A possibility, but no one did that we know of.

NINE:

It would take an awfully dumb man to take that chance, doing the murder as the train went by.

Exactly. A dumb man, a very stupid man, a man swept up by emotion. Probably he heard nothing; he probably didn't even hear the train coming. And whoever did murder the father did as well as he could.

FOUR:



So?

The kid is dumb enough to do everything to associate himself with the switch knife - a switch knife murder - and then a moment later he becomes smart. The kid is smart enough to make a kind of wound that would lead us to suspect someone else, and yet at the same instant he is dumb enough to do the killing as an el train is going by, and then a moment later he is smart enough to wipe fingerprints away. To make this boy guilty you have to say is dumb from eight o'clock until about midnight and then about midnight he is smart one second, then dumb for a few seconds and then once again he becomes stupid, so stupid that he does not think of a good alibi. Now is this kid smart or is he dumb? To say that he is guilty, you have to toss his intelligence like a pancake. There is doubt, doubt, doubt.

FOUR:

I hadn't thought of that.

And the old man downstairs. On the stand he swore that it was fifteen seconds; he insisted on fifteen seconds, but we all agree it must have been almost forty seconds.

NINE:

Does the old man lie half the time and then does he tell the truth for the other half of the time?

For the kid to be guilty he must be stupid, then smart, then stupid and then smart and so on, and also, for the kid to be guilty the old man downstairs must be a liar half of the time and the other half of the time he must tell the truth.
You can reasonably doubt.

SIX:

I wanted more talk, and now I've had it.

I want another vote.

THREE:



That's right. As far as I'm concerned, that's the most important testimony.

All right. Let's go over her testimony. What exactly did she say?

FIVE:



Not a chance.

Can't you see the clock without your glasses?

FOUR:

Glasses are a nuisance, aren't they?

Well, what do you do all do when you wake up at night and want to know what time it is?

FOUR:

I just lie in bed and wait for the clock to chime. My father gave it to me when we married, my husband and I. It was ten years before we had a place to put it.

Do you wear your glasses to bed?

TWO:

Of course not. No one wears eyeglasses to bed.

The woman who testified that she saw the killing wears glasses. What about her?

FOUR:

Funny. I never thought of that.

I think it's logical to say that she was not wearing her glasses in bed, and I don't think she'd put them on to glance casually out the window... She testified that the murder took place the instant she looked out, and that the lights went out a split second later. She couldn't have had time to put on her glasses then. Now perhaps this woman honestly thought she saw the boy kill his father. I saw that she only saw a blur.

THREE:

How do you know what she saw? Maybe she's far-sighted... How does he know all these things?

Does anyone think there still is not a reasonable doubt?

THREE:

I think he's guilty!

Does anyone else?

FOUR:

No. I'm convinced now. There is a reasonable doubt.

You're alone.

THREE:



I don't care whether I'm alone or not! I have a right...

Yes, you have a right.

THREE:



Well, I told you. I think the kid's guilty. What else do you want?

Your arguments.

THREE:

I gave you my arguments.

We're not convinced. We're waiting to hear them again. We have time.

FOUR:

I'm sorry, I'm convinced. I don't think I'm wrong often, but I guess I was this once. There is a reasonable doubt in my mind.

We're waiting...

THREE:

You're not going to intimidate me! I'm entitled to my opinion! It's gonna be a hung jury! That's it!

There's nothing we can do about that except hope that some night, maybe in a few months, why, you might get some sleep.

THREE:

All right!

They're waiting. Not guilty.

Five: Just what are we timing?

Yes, let's be exact please.