The bailiff held the door open, counted each person entering. Eight women, four men, 12 of us.
To close the door and lock us in was a long table, chairs, a water cooler, hot on the wall, nine turnings.
With the windows closed, the air was warm, moist.
Well, I guess we'd better get started, folks.
And we began the process of deciding whether a man was guilty or not guilty to a charge of murder.
There were two hours of open discussion before Mr. Muncie, the jury foreman, decided to take the first ballot, the secret ballot.
He collected the folded pieces of paper and sat down.
Miss Keller, would you keep count as I read the ballots, please?
All right.
A person is guilty.
Guilty.
Guilty.
Guilty.
Guilty.
Guilty.
Guilty.
Guilty.
Not guilty.
Guilty.
Guilty.
And guilty.
Eleven to one.
One holdout.
Now what are we supposed to do?
Start over, I guess.
How much time have we got?
All day.
And if we don't reach the verdict?
I guess they'll lock us up in the hotel overnight.
Well, they're not locking me up. I've got to get home tonight.
All right, then. Let's go over it again, folks.
Someone will have to change their mind before we can get out of here.
Mr. Donovan?
Yes, Mrs. Carmacki?
You've been awfully quiet. Anything you'd like to say?
I was trying to think the way the one holdout might be thinking.
Is there something we fail to consider?
Possibly the matter of intent to commit murder, which is definitely premeditated.
Oh, Avery knew his wife was with that shy Randall fella,
so he got a gun and went up there and killed him.
I don't care how you spread it, but that's murder.
No, no, there's more to it than that, Mr. Carmacki.
For instance, there's the plea of temporary insanity.
Yes, that confused me a little. The judge said we should consider temporary insanity.
Oh, to tell you the truth, Mrs. Medina, my woman's intuition...
Hogwash, hogwash.
Really, Mr. Smith, your manner is...
Let's keep this discussion sensed for now.
I refuse to discuss it.
Now, now, now, let's don't lose our temper.
What about that psychiatrist that testified?
He said temporary insanity was possible in this case.
But he said Clyde Avery was as sane as any of it.
Possibly.
But couldn't we consider Clyde Avery's mental condition at the time of the shooting?
After the stories he heard about his wife, after all...
Well, how would you feel under those conditions, Mr. Vale?
Me? Well, what do you mean by that?
Now, now, now, now, we are supposed to consider these things.
If we pull the trigger, that's insanity.
There's not enough to say.
I wouldn't let Smith bother you, Mrs. Carmacki.
Some of these people are beginning to get on my nerves.
I'll be glad when it's over.
That's been a long trial.
Yeah.
Poor man downstairs, Clyde Avery, sitting there day after day, squirming, waiting,
watching us, wondering about our verdict.
We're doing the best we can.
What's the matter, Mr. Donovan?
From the way you're talking, you might be the one holed out.
Me? Oh, why?
No, no, no, don't tell me.
I don't want to know.
Mrs. Carmacki, if you are the only one who thought he wasn't guilty,
then I've got to talk to you.
To me? Why?
Because I'm not really sure he's guilty either.
You're not?
No. I let the others influence my thinking, but...
Well, I realize...
No, wait, please, let me finish.
I've been waiting for a chance to talk to you alone.
I need your advice, Mrs. Carmacki.
You're doing?
Yes, there's so many contradictions.
Why do you take that business about the struggle when the gun went off?
Well, do you think there was a struggle?
Well, I didn't at first, but the medical examiner said the bullet
entered the victim's chest traveling down.
Avery would have had to hold the gun over his head, pointed down
to give the bullet that direction to travel like this, you see.
It's ridiculous, it's too awkward, might miss.
But the direction of the bullet was downward.
Then the gun went off as they both fought for it over their heads.
That's the only answer.
But his wife said there wasn't a struggle.
I haven't believed a word of her testimony.
I've known women like her, I know the type.
Really?
My verdict was wrong.
If you voted not guilty, you were right, Mrs. Carmacki.
Trust a woman's intuition, I've always said.
I didn't say I voted not guilty.
I know, I know.
But if you did...
Wait.
Just a lot of money!
Listen, here's the course instructions now.
When you retire to the jury room for your verdict and the evidence
considered as a whole leaves in your mind a reasonable doubt,
a reasonable doubt, Mrs. Carmacki, arising either from the evidence
or lack of evidence of the guilt of the accused,
then you should vote not guilty.
You see?
A reasonable doubt.
The others are still arguing points.
None of them can honestly say there isn't a reasonable doubt in their minds.
I suppose not.
You'll have allies after the next ballot, Mrs. Carmacki.
You wait and see.
You think the others will change their minds?
Look at Mr. Beigel.
He seems upset.
And Mrs. Medina.
Yes.
And Miss Keller, still going over her notes.
She needs help, too.
Why don't you talk to her?
I will.
And you should help Mrs. Medina see this more clearly.
Poor thing.
She said herself that she couldn't make a decision without her husband's help.
I think I will talk to her.
Just help her to understand as you've helped me, Mrs. Carmacki.
I will. All right.
Good.
We can't let an innocent man go to the gas chamber.
You've made me see that.
No. No, we can't.
We can't do that.
Glad you opened the window.
It's stuffy in here, Mr. Donovan.
Yes, it is, Miss Keller.
Still going over your notes?
Oh, yes.
What's the matter?
Well, it's these notes.
So many contradictions.
Each witness has a different story.
Someone must be lying.
I know.
But who should we believe?
Clyde Avery or his wife?
What's your impression of the wife?
I don't like...
She's too much makeup.
You don't trust her?
No.
No, I'm glad you said that.
To be honest with you, I don't either.
You don't?
Well, then...
Then she's the one who must be lying.
We both feel it.
Yes.
I suppose we do, but...
Certainly a reasonable doubt exists, Miss Keller.
Mr. Donovan, are you going to change your verdict?
No, I think I should.
But I don't like going against all the others.
If that's the way you feel, then you must.
Maybe you're right.
I've got to think about it.
All of us are jumping to conclusions today.
I wish Mr. Muncie wouldn't rush us.
I know.
I don't know how I'll vote if he tries for another ballot before lunch.
I'm so confused now.
Well, I'll leave you to your notes, Miss Keller.
Maybe I can get Muncie to hold off until afternoon.
Good idea.
Thanks.
Well, anything wrong with Miss Keller, Donovan?
No.
She seems upset.
Some people like that to this sort of thing, I suppose.
Wouldn't say that.
Doing the best they can to get the job done.
Of course.
You know, you're doing a good job too, Muncie, as woman.
Doing the best you can.
You certainly are.
I was hoping we could talk a little before lunch.
Well, bailiff will be up soon.
Maybe we'd better take a ballot first, see how things are going.
Maybe you're right.
Folks, folks, can I have your attention, please?
I think we should try another ballot before lunch.
Now, if you'll just sit down as before and choose either guilty or not guilty,
then hold your ballot and pass them down to me, please.
Here, here.
Here's one for you, Madina.
Is there plenty of paper you can hand down to me?
Can I have that one?
All right.
Go as fast as you can, please.
Hold them, pass them.
Yes, thank you.
Thank you.
This is the last time.
Well, I hope it is too.
Have I?
That's it.
All right.
Now, have I got all the ballots?
Yeah.
I'm sure none of them you might keep count as I read them, surely.
All right.
Guilty.
Guilty.
Guilty.
Guilty.
Not guilty.
Oh, no.
Guilty.
Guilty.
Guilty.
Guilty.
Not guilty.
What?
Another one.
Not guilty.
Uh-huh.
And not guilty.
Eight to four.
What's the matter with you people?
We'll nearly get out of here at this rate.
Mr. Baird, you don't have to shout.
Well, people have a right to change their minds if they want to.
I had a wild desire to stand up and clap my hands together.
Eight to four.
Four of us now.
Mrs. Carmichael, Mrs. Medina, Miss Kellern, myself.
I realized that I was smiling.
And then I noticed that Mr. Muncie was watching me, frowning, and he'd singly smile.
I wondered if he knew, if he suspected.
Back in the jury room after lunch, I tried to analyze my own thinking.
A reasonable doubt still existed.
My verdict was clear.
Clyde Avery was not guilty.
The others simply had to see it that way, or I was neglecting my duty as a juror.
Yes, what I was doing was morally right.
I looked around the room and noticed Mr. Bail on his way to the water cooler again.
He gulped water down, then checked his watch with the clock on the wall.
Donovan.
Yes.
Is the clock right?
Well, it's a little slow, maybe.
What's Muncie waiting for?
Why don't we get started?
Well, he's started.
He's letting folks talk to each other for a while.
Have you got a cigarette?
Oh, yeah.
Here you go.
Thanks.
Donovan, what do you think?
Are we going to get out of here tonight?
I wouldn't bet on it.
What do you mean?
Some of the jurors are changing their minds.
Why can't we get together on a verdict?
Is getting on tonight more important than a just verdict?
Yes.
I mean, to me, it's...
Would it help to talk about it?
Look, look, it's my wife.
We've been arguing, saying things we didn't really mean.
She said she was going to leave me.
Well, leaving her alone tonight might give her a chance to think it over.
If I'm not home tonight, she'll think I don't care.
And she will leave me.
Oh, I see.
I don't want her to leave.
I love her.
I'm not going to get along without her.
Gosh, I don't know what to tell you, Bale.
You see, you see why I've got to get out of here tonight, don't you?
Sure, of course, but...
So many of them are changing their minds.
To be honest with you, Bale, I'm changing my verdict on the next ballot.
Well, then talk to them, Donovan.
They'll listen to you.
These people got a lot of respect for you.
I'll try.
Thanks.
Say, do you think that Balef would let me make a phone call?
I don't know.
Well, maybe if I could just talk to him.
You might ask him, but I doubt it.
You got another cigarette?
Sure.
Just take the pack. I got plenty.
We had an understanding now.
Mrs. Carmichael was chatting at the table with the two housewives, Mrs. Lester and Mrs. Lauren.
She winked at me as I passed.
I winked back.
She was making progress.
I joined small groups around the room.
They were like weather things.
They'd go whichever way the wind seemed to be blowing.
I gave each of them something to think about.
Two o'clock.
Three.
Three-thirty.
Then I sat down next to the alternate old Mr. Smith.
We got to talking, and I kept an eye on Mr. Bale.
Now look here, Donovan.
You keep harping on that temporary insanity.
You're one of them that voted for the quiddles?
Well, I don't mind telling you how I voted.
I did change my mind on that last ballot.
I thought so.
And do you know why?
No.
Because I believe a man can go insane temporarily.
Oh, you do.
Just as sure as we're sitting here.
Now, Mr. Smith, a man's mind is a complex instrument.
A small thing can unbalance it, and it's that a man's reasoning,
and it can happen just like that.
Just like that.
Yes, sir.
It can happen to anyone, to you, to me, but Mr. Muncie, even Mr. Bale over there.
Well, I'd have to see it before I believe it.
Well, I'm not trying to change your mind, Mr. Smith.
Only you can do that.
I changed mine.
I was wrong before and willing to admit it.
We're all trying the best we can, Mr. Smith.
What's he doing?
Who?
Mr. Bale.
He rang the buzzer for the ballot.
I don't know.
Well, I've been watching him.
He can't sit still.
Always smoking, pacing back and forth.
Oh, he's the bailiff.
Somebody ring for me?
I did, Bale.
I wonder if I could make a short phone call.
No, no, sir.
Sorry.
I just want to call my wife.
Judge wouldn't permit it, sir.
Sorry.
I won't mention the trial.
You can listen in if you want to.
Nothing I can do until you've brought in a verdict.
Well, we may be here all night.
Then we'll have to lock you up, sir.
Oh, no.
You're not locking me up.
What's the matter with you?
Let's go on.
I'll let you know.
Mr. Bale, you can't do that.
I've got to get home to my wife.
Bale, take it easy.
Somebody grab his arm.
The gentleman.
Give me a hand.
I got it.
The gentleman.
All right.
Tell him about Edna.
Now, now, now.
Settle down, Bale.
We'll take care of him.
Go.
Here we are.
Can you handle him?
Yes.
Yes, we can handle him now.
Oh, Bale, I hope this won't cause trouble.
Oh, no, no.
Just keep him quiet.
He'll be all right.
Mr. Bale, have a drink of water.
There you are.
I don't want any.
Just leave me alone.
Here, here, here.
Come over here and sit down.
You'll feel better.
There's nothing to worry about.
I'll take care of him.
I'll take care of him.
I'll take care of him.
I'll take care of him.
I'll take care of him.
I'll take care of him.
I'll take care of him.
I'll take care of him.
I'll take care of him.
I'll take care of him.
I'll take care of him.
Don't you think it's time for another ballot?
Or, Z, if the others want one.
I think it probably would.
All right. But this time we'll have an open ballot with a show of hands.
Unless you have some objections, Mr. Duhman.
Objections? No, not at all, Mr. Montay.
All right. You count the votes?
Glad to.
Now then, each of you in favor of a verdict of not guilty, raise your right hand.
One, two, three, four, five, six, seven, eight, nine, ten, eleven.
Eleven votes not guilty.
And in favor of a verdict of guilty?
One vote. Eleven to one. Eleven to one.
One hold-up.
And now that you know who it is, Mr. Dunovan, you just see if you can make me change my mind, too.
Now, Mr. Montay, I can't make you change your mind. Only you can do that.
Each of us must vote the way he believes.
I believe that this was a planned and premeditated act of murder, and the evidence proves it.
Well, I didn't want to think so, Mr. Montay. The only hold-up.
You can't say a reasonable doubt doesn't exist. It does.
Bill, how can you say it's guilty?
All of us want to do the right thing. You must be wrong.
We'll be out of here in a minute if you change your verdict, Montay.
I think it's a case of temporary insanity. Clear cut.
Mr. Montay, it isn't a sin to admit that you were wrong.
All of us searched our hearts and realized our mistakes, and we changed our minds.
You changed your minds. You.
Why, your minds were changed for you. You were led like a bunch of blind sheep.
And there is your good shepherd, Mr. Dunovan.
Look, Montay, I don't know what you're talking about.
Oh, I saw you talking to him, confusing him, convincing him that they were wrong before, getting him to change their verdict.
I knew what you were doing, but I couldn't understand why.
You don't know what you're talking about.
No, no, I'm not that talking. I'll admit that. Oh, but you are, Dunovan.
You talk to these people right out of an honest verdict.
You just knew you were right and everybody else had to see it your way.
Oh, don't be ridiculous. Why would I do a thing like that?
Why? That's a good question.
I thought maybe you knew the defendant, a friend of his or something.
Maybe there was something about his wife, but that wasn't it.
You're out of your mind. You think a lot of yourself, don't you?
I've never talked to anybody who used the words I, me, or mine as much as you do.
Oh, I've known men like you before. They think the world revolves around them.
Always think they're right. Never admit they're wrong.
Montay, I've had enough of this.
You'd do anything, Dwell Boyd, admitting that you were wrong, wouldn't you?
My verdict happens to be the right verdict, Montay. You're the only holdout here.
You can't stand being wrong, can you? That's why you made everybody change their mind.
You can't admit that you're wrong, not your kind.
Oh, no, if you did, you'd begin to wonder about other things about yourself,
and you couldn't take that, could you, Donovan?
You can't talk to me that way, you crummy little nobody. I won't have any more of it. Do you understand?
I'm just getting started. I'm going to talk and talk and keep talking
until these people get a chance to do what's right.
You've twisted them around your little finger, made fools of them all, but it's not too late.
And what are you going to do about it, Donovan?
Mr. Montay?
What is it, Bailup?
You folks can go home now. The jury has been dismissed.
What?
Clyde Avery broke down a few minutes ago and pleaded guilty to the charge.
He pleaded guilty? Yep.
Admitted lying on the stand, asked for the court's mercy by confessing.
But he couldn't have.
He did.
But our verdict was...
You won't need it now, lady.
It's all over?
All right. You folks can leave.
Wait. Wait, folks, before you go. Mrs. Carmichael. Mrs. Smith.
Please, folks, let me explain. Miss Keller. Miss Keller, if you'll only let me...
Explain.
You made them all very proud of themselves, Donovan.
Montay, will you admit that you were wrong now, Donovan?
I...I was right.
It was right. It was right.
I was right. I was right. I was right! I was right. I was right!