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I felt an odd kind of sadness: my mind went back to a certain argument I had with Woods during the rehearsals. We were sitting in the front row of an empty theater and he was saying indignantly: "How can you be so stubborn? How can you argue with me? This is your first play and I've been in the theater for forty years!" I explained to him that it was not a matter of personalities, age or experience, not a matter of who said it, but of what was said, and that I would give in to his office boy, if the boy happened to be right. Woods did not answer; I knew even then that he did not hear me.

The final, definitive version of Night of January 16th is closest, in content, to the script of Woman on Trial. I made no changes in story or substance; the additional changes I made were mainly grammatical. That final version is the one now published here, in this book.

I am glad to see it published. Up to now, I had felt as if it were an illegitimate child roaming the world. Now, with this publication, it becomes legitimately mine.

And, although it has played all over the world, I feel as if it were a play that has never been produced.

AYN RAND

New York, June 1968

Note to Producer

This play is a murder trial without a prearranged verdict. The jurors are to be selected from the audience. They are to witness the play as real jurors and bring in a verdict at the end of the last act. Two short endings are written for the play -- to be used according to the verdict.

The play is built in such a way that the evidence of the defendant's guilt or innocence is evenly balanced and the decision will have to be based upon the jurors' own values and characters. The two parties opposed in the trial are as radically antagonistic as will be members of any audience, where some will sympathize with the wife, others with the mistress. Either decision will bring the protest of the opposite side; the case is bound to arouse arguments and discussions, for its underlying conflict is the basic conflict of two different types of humanity. It is really the audience who is thus put on trial. In the words of the defense attorney: "Who is on trial in this case? Karen Andre? No! It's you, ladies and gentlemen of the jury, who are here on trial. It is your own souls that will be brought to light when your decision is rendered."

The jurors' seats are to be on the stage, as in a real courtroom. Thus we give the public all the excitement of a murder trial. We heighten the public's interest by leaving the decision in its own hands and add to the suspense by the fact that no audience, at any performance of the play, can be sure of its outcome.

Characters, Time, Place

CHARACTERS:

JUDGE HEATH

DISTRICT ATTORNEY FLINT

DEFENSE ATTORNEY STEVENS

KAREN ANDRE

DR. KIRKLAND

JOHN HUTCHINS

HOMER VAN FLEET

ELMER SWEENEY

MAGDA SVENSON

NANCY LEE FAULKNER

JOHN GRAHAM WHITFIELD

JAMES CHANDLER

SIEGURD JUNGQUIST

"GUTS" REGAN

COURT ATTENDANTS

TIME: Present

PLACE: New York Courtroom

Act One

Scene: The stage represents a New York courtroom. It faces the audience, so that the public is in the position of spectators in a real courtroom. In the center of the back is the Judge's desk on a high platform; behind it is the door to the Judge's chambers; by the side of the desk, at left, is the witness stand, facing the audience; behind it is the door to the jury room. In front of the Judge's desk is the desk of the Court Reporter; at right the desk of the Court Clerk. Behind it is the door through which witnesses enter the courtroom. Farther downstage, at right, is a table for the defendant and attorneys; at left another table for the prosecution. At the wall, left, are the twelve seats for the jurors. Farther downstage is a door through which spectators enter the courtroom. At the opposite wall, at right, are a few chairs for spectators. Steps lead down from the stage in the right and left aisles. When the curtain rises the court session is ready to open, but the JUDGE has not yet made his appearance. The prosecution and defense are ready at their respective tables.

DISTRICT ATTORNEY FLINT is a heavy, middle-aged man with the kindly appearance of a respectable father of a family and the shrewd, piercing manner of a pawnbroker. DEFENSE ATTORNEY STEVENS is tall, gray-haired, displaying the grooming and sophisticated grace of a man of the world. He is watching his client, who does not pay any attention to him and, sitting at the defense table, calmly, almost insolently studies the audience. The client, the defendant KAREN ANDRE, is twenty-eight. One's first impression of her is that to handle her would require the services of an animal trainer, not an attorney. Yet there is nothing emotional or rebellious in her countenance; it is one of profound, inexorable calm; but one feels the tense vitality, the primitive fire, the untamed strength in the defiant immobility of her slender body, the proud line of her head held high, the sweep of her tousled hair. Her clothes are conspicuous by their severe, tailored simplicity; a very costly simplicity, one can notice, but not the elegance of a woman who gives much thought to her clothes; rather that of one who knows she can make any rag attractive and does it unconsciously.

When the curtain rises the lights in the audience do not go out.

BAILIFF: Court attention!

[EVERYONE rises as JUDGE HEATH enters. BAILIFF raps]

Superior Court Number Eleven of the State of New York. The Honorable Judge William Heath presiding.

[The JUDGE takes his seat. BAILIFF raps and EVERYONE sits down]

JUDGE HEATH: The people of the State of New York versus Karen Andre.

FLINT: Ready, your Honor.

STEVENS: Ready, your Honor.

JUDGE HEATH: Mr. Clerk, draw a jury.

[The CLERK steps to the proscenium with a list in his hand, and addresses the audience]

CLERK: Ladies and gentlemen, you are to be the jurors in this case. Twelve of you will be drawn to perform this duty. You will kindly step up here, take your seats, and receive your instructions from Judge Heath.

[He reads twelve names. The JURORS take their places. If some are unwilling and do not appear, the CLERK calls a few more names. When the jurors are seated, the lights in the audience go out. JUDGE HEATH addresses the jury]

JUDGE HEATH: Ladies and gentlemen, you are the jurors who will try this case. At its close, you will retire to the jury room and vote upon your verdict. I instruct you to listen to the testimony carefully and pronounce your judgment to the best of your ability and integrity. You are to determine whether the defendant is Guilty or Not Guilty and her fate rests in your hands . . . The District Attorney may now proceed.

[DISTRICT ATTORNEY FLINT rises and addresses the jury]

FLINT: Your Honor! Ladies and gentlemen of the jury! On the sixteenth of January, near midnight, when the lights of Broadway blazed an electric dawn over the gay crowd below, the body of a man came hurtling through space and crashed -- a disfigured mess -- at the foot of the Faulkner Building. That body had been Sweden's great financier -- Bjorn Faulkner. He fell fifty stories from his luxurious penthouse. A suicide, we were told. A great man unwilling to bend before his imminent ruin. A man who found a fall from the roof of a skyscraper shorter and easier than a descent from his tottering throne of the world's financial dictator. Only a few months ago, behind every big transaction of gold in the world, stood that well-known figure: young, tall, with an arrogant smile, with kingdoms and nations in the palm of one hand -- and a whip in the other. If gold is the world's life blood, then Bjorn Faulkner, holding all its dark, hidden arteries, regulating its ebb and flow, its every pulsation, was the heart of the world. Well, ladies and gentlemen, the world has just had a heart attack. And like all heart attacks, it was rather sudden. No one suspected the gigantic swindle that lay at the foundation of the Faulkner enterprises. A few days after his death, the earth shook from the crash of his business; thousands of investors were stricken with the paralysis which follows an attack, when that monstrous heart stopped beating. Bjorn Faulkner had had a hard struggle facing the world. But he had a much harder struggle to face in his heart, a struggle which this trial will have to uncover. Two women ruled his life -- and death. Here is one of them, ladies and gentlemen.