In December 1789, Martha overhears a conversation between North and Ephraim at the mill. North, on the behalf of the Kennebec Proprietors, requests that Ephraim resurvey a tract of land near the river, a job which will likely take weeks in the winter weather. North threatens that if Ephraim does not complete this work, the Ballards might lose their lease. Not wanting to be caught eavesdropping, Martha steps into the room and asks if Ephraim knows where her ink is. North expresses surprise that Martha uses ink at all, and his dog growls at her. Ephraim and Martha convene, agreeing that the survey job is an excuse to keep Ephraim away during the upcoming court hearing on the Foster rape case. Martha may not be allowed to testify if her husband is not present, and North knows that the survey work could keep him away from town for weeks. Without a witness, the charges against North could be dropped.

Ephraim leaves to complete the survey, taking his falcon, Percy, with him. As he rides away, Martha sees the silver fox again, and decides to name her Tempest. Tempest approaches Martha but runs away before getting too close.