[A Terrace on the mountain on which the Monastery stands. On the right a rocky cliff and a similar one on the left. In the far background a bird's-eye view of a river landscape with towns, villages, ploughed fields and woods; in the very far distance the sea can be seen. Down stage an apple tree laden with fruit. Under it a long table with a chair at the end and benches at the sides. Down stage, right, a corner of the village town hall. A cloud seems to be hanging immediately over the village.]
[The MAGISTRATE sits at the end of the table in the capacity of judge; the assessors on the benches. The ACCUSED MAN is standing on the right by the MAGISTRATE; the witnesses on the left, amongst them the TEMPTER. Members of the public, with the PILGRIM and the STRANGER, are standing here and there not far from the judge's seat.]
MAGISTRATE. Is the accused present?
ACCUSED MAN. Yes. Present.
MAGISTRATE. This is a very sad story, that's brought trouble and shame on our small community. Florian Reicher, twenty-three years old, is accused of shooting at Fritz Schlipitska's affianced wife, with the clear intention of killing her. It's a case of premeditated murder, and the provisions of the law are perfectly clear. Has the accused anything to say in his defence, or can he plead mitigating circumstances?
ACCUSED MAN. No.
TEMPTER. Ho, there!
MAGISTRATE. Who are you?
TEMPTER. Counsel for the accused.
MAGISTRATE. The accused man certainly has a right to the services of counsel, but in the present case I think the facts are so clear that the people have reached a certain conclusion; and the murderer will hardly be able to regain their sympathy. Isn't that so?