The trial began on the eighth of March. Patience slept ill the night before, and arose early. She looked forward to the day’s ordeal with mingled nervousness and curiosity. Her faith in Bourke was complete, and her mind was of the order that craves experience. She could not divest herself of the idea that she was about to play the part of heroine in a great human drama. And assuredly there has been no such theatre as the court room since the world began.

She dressed herself with extreme care, in a tailor frock and toque of black and white. The costume was becoming, but she shook her head at her reflection in the mirror: hers was not the type of beauty to appeal to the class of men in whose hands her life would be; rather they would resent its cold pride, its manifest of race and civilisation. She remembered her youthful satisfaction in the fact that “common men did not like her.” Rosita or Honora would carry a jury by storm, but she was too subtle to appeal to men outside of her own social sphere. Tarbox liked her because she was game and dependent on him for comfort: it was doubtful if he thought her pretty. He came up at ten minutes to ten. He wore a new suit of clothes, and looked excited and impatient.

“There’s a lot of swells come,” he said without preliminary; “some from New York and some from the county. We’ve got ’em up in the gallery, and they look fine in their new spring clothes, I tell you. First time I ever seen swells in this court house. I rather thought they didn’t go in for that kind of thing.”

“They go in for fads, and you can as easily tell where lightning will strike next as what will be the next fad to possess fashionable women. Where is Mr. Bourke?”

“Up in the court room, I guess. Ready?”

A few moments later he led her up the stair at the back of the court room. A crowd of men at the door parted to let her enter, staring at her with eager curiosity. As she walked down the room to her seat beside her counsel she was conscious of a deep level of men’s faces below and a tier of high-bred faces and bright spring gowns in the gallery above. She felt as if she were being shot upon a battery of eyes, and an impulse to turn and run; she looked like a black and white effigy of pride.

The large handsome room was tinted a pale blue and stencilled about the mouldings. The Bench and panelling behind it, the desks and tables, were of black walnut. Four long windows on each side of the room revealed the naked trees of March and the cheerless landscape. On the right of Patience’s chair was the empty jury box, before her the Bench. In the space thus formed—flanked on the other side by the talesmen summoned for the trial and at the back by the audience—was a right angle of long study tables, three or four round tables, and many chairs. Every chair was occupied. Writing pads lay on the smaller tables. Patience recognised several of the reporters. By one of the long tables before the jury box sat Bourke, Simms, and Lansing. The former whispered to her that many of the men within the rail were eminent lawyers who had come to hear the case tried.

The judge sat alone on the Bench: an old man with pink face and head and neck, a close band of silver hair at the base of his skull. His face was narrow, his upper lip long. On either side of his mouth was a deep rut. The nose was coarse and strong, the eyes behind the spectacles humourous, severe, and a little sly. His silver chin-tuft was shaped like the queen of hearts.

Just below the Bench, beside one of the long tables, sat a man whom Patience did not notice at once, but to whom, as the judge called the court to order, she turned suddenly, conscious of a fixed gaze. He sat with one arm along the table, the other hand absently rolling a piece of paper. His narrowed eyes were regarding her with cold speculation. Patience shuddered. She knew that he was Sturges, the district attorney. Tarbox had told and retold the history of his jealousy of Bourke, and his registered vow to win one of the great legal battles of which they were occasionally chief combatants. And this was the greatest! The man’s face was set. He looked like a fate.

The clerk called a name. A man shuffled into the jury box. Sturges stood up and put the usual questions. He spoke with exaggerated courtesy. Occasionally he smiled: a mechanical smile, as if an invisible string connected each corner of his mouth with a manipulator at the back of his head. His voice was soothing and cultivated, his manner almost deferential to the humble man in the box. Patience followed every motion and word with fascinated attention. When he asked the talesman if he had “any conscientious scruples regarding capital punishment as practised in this State,” she felt the touch of icy fingers and her feet slipping into an open grave. Bourke, who divined her sensations, smiled encouragingly; and after she had heard the question some fifty times, she ceased to attach any personal meaning to it.

They were four days impannelling the jury. The first time Patience stood up to face an accepted juror she regarded the hairy and ill-kept farmer with such haughty and disdainful eyes that Bourke whispered hurriedly: “For God’s sake don’t look at them like that or they’ll send you up out of spite. Remember that this class of people is always at war with its betters.”

“I can’t help it,” said Patience. “It’s humiliating to think of being at the mercy of men like that.”

When the box was filled at last she regarded the occupants attentively. They were hard-featured men of middle age, with long bare upper lip and compressed mouth. Their grey skin was furrowed with lines of care and hardship, their chin whiskers grizzled and scant. Their eyebrows stood out over faded eyes in wrinkled sockets. But what excited Patience’s wonder was the small size of the heads. She had never seen twelve heads so little. They were hardly an advance upon their hairy ancestors. Throughout the trial she furtively watched the twelve faces of those twelve meagre heads. Never once did their expression, stolid and set, change. At night they haunted her. She awoke in the morning with a violent start, seeing them for a moment in a row on the foot board of her bed. She speculated, at times, upon the lives of those men, those pinched grubbing lives, and felt for them a sort of terrified pity. What a mere glimpse of the world she had had, after all, and what ugly strata it had! What was the matter with civilisation?