Bargain

1. Bargain An Interactive Guide to a Short story by A. B. Guthrie Click on the Screen to Read an Introduction to the story Click Here to Skip to the Courtroom

2. Introduction • The story takes place in Moon Dance, Montana during the late 19th century. Most of the story takes place in the Moon Dance Mercantile or outside of the saloon. It opens in the fall of the year and continues until winter.

3. Main Characters • Al – young man who works for Mr. Baumer after school and during the summers. Al is the narrator of the story and is witness to most of the important events in the plot. • Mr. Baumer- owner of the Moon Dance Mercantile Company. He came to this country when he was sixteen years old, learned to read and write, and started his own business. Folks say he is “half mule and half beaver”; called “Dutchie” by Slade. • Slade – hard-drinking freighter, known for being “ornery”, not paying his bills, stealing whiskey during deliveries, and being illiterate.

4. Supporting Characters • Moore – a freighter in Moon Dance. He worked for Mr. Baumer and Hirsch Brothers. Moore is also known for stealing whiskey during deliveries, as all freighters do. Moore discovers Slade’s body. • Angus McDonald – owner of Rancher’s Bank. Witness to one of the altercations between Slade and Baumer. • Dr. King – another witness to the second altercation between Slade and Baumer. Gave medical attention to Mr. Baumer when his hand was permanently mangled.

5. Witnesses • Ernest Baumer – Defendant • Al Scott –for the defense • Moore –for the prosecution • Angus McDonald – for the prosecution

6. Plot Overview • When Mr. Baumer, owner of a general store, tries to collect a debt from Slade, his former employee and chronic bully cruelly twists Baumer’s nose and tosses the bill into the street. The next day, Baumer tells Al – the young narrator, who works part time at the store – that the illiterate freighter resents him, an immigrant who learned to read at sixteen and built a successful business; Baumer, in turn, resents Slade for stealing whiskey from him. A month later, Slade breaks Baumer’s hand. Shortly before Christmas, Baumer shocks Al by hiring Slade to haul freight. One bitterly cold day Slade dies in transit, apparently having frozen to death. Al, unloading a barrel, wonders whether there are enough customers for it. Assuring him there are, Baumer says it was a “bargain.” As Al notices the barrel’s label “Wood Alcohol – Deadly Poison,” Mr. Baumer remarks, “Is good to know to read.”

7. Enter the Courthouse

8. Trial Procedure • The Beginning of Court • Either the Clerk of the Court or the judge will call the Court to order. • When the judge enters, all the participants should stand and remain standing until the judge says be seated. • The case will be announced, i.e., “The Court calls the case of The State of Montana vs. Ernest Baumer.” • The plea of guilty or not guilty is taken care of at the arraignment, long before trial. Click on the Screen to Continue through the Trial Process

9. Trial Procedure • Opening Statements • Prosecution/State/Government • The prosecutor in a criminal case tells the jury what she expects the evidence will show at trial • Defense • The defense attorney tells the jury what she expects the evidence will show at trial. Click Here to Return to the Beginning of Trial Procedure Click on the Screen to Continue through the Trial Process

10. Trial Procedure • Prosecution’s Case-in-Chief • The prosecutor calls witnesses first to build a case against the defendant and prove the charges against him beyond a reasonable doubt. • The prosecutor asks questions to the witnesses first, then the defense attorney is allowed to ask questions, called cross-examination. Click Here to Return to the Beginning of Trial Procedure Click on the Screen to Continue through the Trial Process

11. Trial Procedure • Defense’s Case-in-Chief • After the attorney for the prosecution has completed the calling of witnesses, the judge then allows the defense attorney to call witnesses to the stand. • The defense does not have to put on a case, as it has no burden of proof. It often does, however. • The defense attorney is allowed to call witnesses first, then the prosecutor is allowed to cross-examine each witness. • The defense attorney can call as many witnesses as he or she feels is necessary to provide reasonable doubt for the defendant. Click Here to Return to the Beginning of Trial Procedure Click on the Screen to Continue through the Trial Process

12. Trial Procedure • Closing Arguments • Prosecution: The closing argument is a review of the evidence presented to the jury and an argument as to why the Defendant is guilty. It should indicate how the evidence has satisfied the elements of the charge beyond a reasonable doubt, analyze the law applicable to the case, and ask for a favorable verdict. • Defense: The closing argument for the defense is essentially the same as for the prosecution. Defense attorneys argue that the evidence has not satisfied the elements of the charge beyond a reasonable doubt and ask for a verdict of not guilty. • Prosecution: After the defense gives their closing, the prosecution gets to rebut the defense’s closing argument. The prosecution has the last word since they carry the burden of proof. Click Here to Return to the Beginning of Trial Procedure Click on the Screen to Continue through the Trial Process

13. Trial Procedure • The Verdict • Once the closing arguments are finished, the judge instructs the jury on the law, and the jury leaves the courtroom to deliberate. In deliberation, the jury may only rely on 1) the evidence at trial, 2) the law given to them by the judge, and 3) their common sense and experiences. • Once the jury is finished deliberating, they return to the court and render the verdict, which in a criminal trial is either guilty or not guilty. The case then goes onto the sentencing phase where the judge or jury decides the Defendant’s punishment. • If the jury cannot come to a unanimous decision, then a mistrial is declared and a new trial is begun with a new jury. Click Here to Return to the Beginning of Trial Procedure Click on the Screen to Continue through the Trial Process

14. The CourtroomClick https://www.youtube.com/watch?v=qtQDOQM4dM8 to see an example of a mock trial.

15. Opening Statements • Example: Jerry Spence (has not lost a case since 1969) • Https://www.youtube.com/watch?v=1oYHsicxdQg (start at 11:37) • Closing Arguments • https://www.youtube.com/watch?v=JDqBjDoOy_A (start at 8:28) • Jury Deliberations – Socratic Seminar • https://www.youtube.com/watch?v=QxZMGK6IdEshttps://www.youtube.com/watch?v=6pGVR6ZF_2M

16. 4th Period Attorneys… • For the Prosecution – Dawson Jolicouer, Caroline DaSilva, Zyaria Land, Ben Thompson • For the Defense Alyssa Paige, Bri Reyes, Abrar Choudhury, Xavier Sanders • https://www.youtube.com/watch?v=1oYHsicxdQg Opening statement example (begin at 11:37) Jerry Spence (hasn’t lost a case since 1969) • https://www.youtube.com/watch?v=JDqBjDoOy_A Closing argument example (begin at 8:19)

17. Other players… • Bailiff - Matthew Jones • Ernest Baumer - Galaye Seck • Al Scott – Mya Mims • Angus McDonald – Thomas Keller • Freighter Moore – Donald Genevish • Jury: the rest of the class will constitute the jury. Jury deliberations will take the form of a Socratic Seminar

18. 7th Period Attorneys • For the prosecution: Behzad, Chelsea, Kamarri, Maria • For the defense: Caleb, Braxton, Asa, Aniya • https://www.youtube.com/watch?v=1oYHsicxdQg Opening statement example (begin at 11:37) Jerry Spence (hasn’t lost a case since 1969) • https://www.youtube.com/watch?v=JDqBjDoOy_A Closing argument example (begin at 8:19)

19. Other players… • Baliff- Nathaniel • Ernest Baumer - Diego • Al Scott – Ben • Angus McDonald – Arianna • Freighter Moore – Brandon • Jury: the rest of class will be the jury. Jury deliberations will be done as a Socratic Seminar.