The Complete Works of Leo Tolstoy (25+ Works with active table of contents)

by Leo Tolstoy

  "I beg your pardon," he said.

  One of the members of the court, wearing gold eye-glasses, of medium height, with high shoulders and frowning countenance, entered.

  "Matvei Nikitich is late again," said the newcomer, with an air of displeasure.

  "Yes," said the presiding judge, donning his robes. "He is always late."

  "It is a shame," said the member, and sat down angrily, then lighted a cigarette.

  This member of the court, a very punctilious man, had this morning had an unpleasant encounter with his wife, which was caused by her spending her monthly allowance before the month was up. She asked for a sum of money in advance, and he refused. The result was a quarrel. She said that unless he gave her the money there would be no dinner that night, and that he would have to dine outside. He departed in fear that she would carry out her threat, as anything might be expected from her.

  "Is it worth while leading a good, moral life?" he thought, as he looked at the beaming, healthy, joyful and good-natured presiding justice, who, spreading his elbows, stroked his long, gray whiskers; "he is always contented and cheerful, while I am suffering."

  The secretary entered and handed the presiding justice a document.

  "Thank you," he said, and lighted a cigarette. "Which case shall be taken up first?"

  "The poison case, I think," the secretary answered, with feigned indifference.

  "Very well; so let it be the poison case," said the justice, considering that that case could be disposed of by four o'clock and make it possible for him to keep the appointment. "Has Matvei Nikitich arrived?"

  "Not yet."

  "Is Breae here?"

  "Yes," answered the secretary.

  "Then tell him that we shall try the poisoning case."

  Breae was an assistant prosecuting attorney and was assigned to this term of the court.

  The secretary met Breae in the corridor. With uplifted shoulders, his robe unbuttoned, and portfolio under his arm, he almost ran, his heels clattering on the floor, and his disengaged hand outstretched in the direction in which he was going.

  "Michael Petrovich desires to know if you are ready," said the secretary.

  "Certainly; I am always ready," said the assistant prosecutor; "which is the first case?"

  "The poisoning case."

  "Very well," said the assistant prosecutor, but he did not consider it well at all--he had not slept all night. A send-off had been given to a departing friend, and he drank and played till two in the morning, so that he was entirely unfamiliar with this case, and now hastened to glance over the indictment. The secretary had purposely suggested the case, knowing that the prosecutor had not read it. The secretary was a man of liberal, even radical, ideas. Breae was conservative, and the secretary disliked him, and envied his position.

  "And what about the Skoptzy?"[A]

  "I have already said that I cannot prosecute them in the absence of witnesses," said the assistant prosecutor, "and I will so declare to the court."

  "But you don't need----"

  "I cannot," said the assistant prosecutor, and waving his hand, ran to his office.

  He was postponing the case against the Skoptzy, although the absent witness was an entirely unnecessary one. The real reason of the postponement was that the prosecutor feared that their trial before an intelligent jury might end in their acquittal. By an understanding with the presiding justice their case was to be transferred to the session of the District Court, where the preponderance of peasants on the jury would insure their conviction.

  The commotion in the corridor increased. The greatest crowd was before the Civil Court, where the case of which the portly gentleman was telling the jurymen was being tried. During a recess the same old lady from whom the ingenious attorney managed to win her property in favor of his shrewd client, came out of the court-room. That he was not entitled to the property was known to the judges as well as to the claimant and his attorney, but the mode of their procedure was such that it was impossible to dismiss their claim. The old lady was stout, in smart attire, and with large flowers on her hat. As she passed into the corridor she stopped, and turning to her lawyer, kept repeating:

  "How can it be? Great heavens! I don't understand it!"

  The lawyer did not listen to her, but looked at the flowers on her hat, making mental calculations.

  Behind the old lady, beaming in his wide-open vest, and with a self-sufficient smile on his face, came that same famous lawyer who so managed the case that the lady with the large flowers lost all her property, while his shrewd client, who paid him ten thousand rubles, received over a hundred thousand. All eyes were directed toward him. He was conscious of it and seemed to say by his demeanor:

  "Never mind your expressions of devotion," and brushed past the crowd.

  FOOTNOTES:

  [Footnote A: A sect of eunuchs.]

  CHAPTER VII.

  Finally Matvei Nikitich arrived, and the usher, a long-necked and lean man, with a sideling gait and protruding lower lip, entered the jury-room.

  The usher was an honest man, with a university education, but he could not hold any employment on account of his tippling habit. A countess, his wife's patroness, had obtained him his present position three months ago; he still retained it, and was exceedingly glad.

  "Are you all here, gentlemen?" he asked, putting on his pince-nez and looking through it.

  "I think so," said the cheerful merchant.

  "Let us see," said the usher, and drawing a sheet of paper from his pocket, began to call the names of the jury, looking at those that responded to their names now through his pince-nez, now over it.

  "Counsilor of State E. M. Nikiforoff."

  "Here," said the portly gentleman, who was familiar with all the litigations.

  "Retired Colonel Ivan Semionovich Ivanoff."

  "Present," answered a lank man in the uniform of a retired officer.

  "Merchant of the second guild, Peter Baklashoff."

  "Here," said the good-natured merchant, smiling from ear to ear. "We are ready."

  "Lieutenant of the Guards, Prince Dmitri Nekhludoff."

  "Here," answered Nekhludoff.

  The usher, looking politely and pleasantly through his pince-nez, bowed, thereby distinguishing him from the rest, as it were.

  "Captain Uri Dmitrievich Danchenko; merchant Gregory Ephimovich Kouleshoff," etc., etc., etc.

  There were but two missing from the panel.

  "You will now, gentlemen, walk into the court," said the usher, pointing to the door with a polite sweep of the hand.

  They all rose from their seats, and passing each other through the door, made their way through the corridor to the court-room.

  The court was held in a large, oblong room. At one end was a platform, reached by three steps. In the middle of the platform stood a table, covered with green cloth, which was fringed with a dark-green lace. Behind the table stood three arm-chairs with high, carved backs. In an image-case suspended in the right corner was a representation of Christ with a crown of thorns, and beneath it a reading-desk, and on the same side stood the prosecutor's desk. To the left, opposite this desk, was the secretary's table, and dividing these from the seats reserved for spectators was a carved railing, along which stood the prisoners' bench, as yet unoccupied.

  On an elevation to the right were two rows of chairs, also with high backs, reserved for the jury; below these were tables for the attorneys. All this was in the front part of the court-room, which was divided in two by a railing. In the rear part of the room benches in lines extended to the wall. In the front row sat four women, either servants or factory employees, and two men, also workmen, who were evidently awed by the grandeur of the ornamentations, and were timidly whispering to each other.

  Soon after the jurymen came the usher, who, walking sidewise to the middle of the room, shouted, as if he meant to frighten those present:

  "The court is coming!"

  Everybody stood up, and the jud
ges ascended the platform. First came the presiding judge with his muscles and beautiful whiskers. Then came the gold-spectacled, gloomy member of the court--now even more gloomy, for before the opening of the session he met his brother-in-law, a candidate for a judicial office, who told him that he had seen his sister, and that she declared that there would be no dinner at home this day.

  "So that, it seems, we will have to dine at an inn," said the brother-in-law, laughing.

  "What is there droll about it?" said the gloomy member of the court, and sank into a still deeper gloom.

  And last of all came the third member of the court, that same Matvei Nikitich, who was always late. He wore a long beard, and had large, kindly eyes, with drooping eyelids. He suffered from catarrh of the stomach, and by the advice of his physician had adopted a new regimen, and this new regimen detained him this morning longer than usual. When he ascended the platform he seemed to be wrapped in thought, but only because he had the habit of making riddles of every question that occurred to him. At this moment he was occupied with the following enigmatical proposition:

  If the number of steps in the distance between the cabinet-door and the arm-chair will divide by three without a remainder, then the new regimen will cure him; but if it does not so divide, then it will not. There were twenty-six steps, but he made one short step and reached the chair with the twenty-seventh.

  As the judges ascended the elevation in their uniforms, with gold-laced collars, they presented an imposing array. They themselves felt it, and all three, as if confused by their own greatness, modestly lowered their eyes, and hastily seated themselves behind the table on which clean paper and freshly-pointed lead pencils of all sizes had been placed. The prosecutor, who entered with the judges, also hastily walked to his place near the window, his portfolio still under his arm, and waving his hand he began to read the papers in the case, utilizing every moment to prepare himself.

  This was his fifth case as prosecuting attorney. He was ambitious, and was determined to make his career, and hence he endeavored to obtain a conviction in every case he prosecuted. He knew the main points of the poisoning case, and had already planned his speech; but he needed to know some particulars of which he was now making extracts from the papers.

  The secretary sat on the opposite side of the elevation, and, having prepared all the papers that might be necessary to produce on trial, was glancing over a newspaper article, which he had obtained and read the day before. He was anxious to talk to the member of the court with the long beard, who shared his views, and before doing so wished to better familiarize himself with it.

  CHAPTER VIII.

  The presiding justice looked over the papers, asked some questions of the usher, and receiving affirmative answers, ordered that the prisoners be brought into court. Immediately a door beyond the grating opened, and two gendarmes with unsheathed swords and caps on their heads, stepped into the court-room. Behind them came a freckled, red-haired man and two women. The man was dressed in prisoner's garb which was too long and too wide for him. As he entered the court-room he held up with outspread fingers the sleeves which were too long. Without looking at the judges or the spectators, his attention was absorbed by the bench around which he was led. When he had passed around he carefully seated himself on the edge, and making room for the others, began to stare at the presiding justice, the muscles of his cheeks moving as if he were whispering something. He was followed by a middle-aged woman, also dressed in a prisoner's coat. A white prison cap covered her head; her face was grayish, and her eyes were devoid of either eye-lashes or eyebrows. She seemed quite composed. As she was passing the railing to take her seat, her coat caught at something; without haste, she carefully disengaged it, then smoothed it and took her seat.

  The third prisoner was Maslova.

  No sooner did she enter than all the male spectators turned their eyes toward her, attracted by her white face, lustrous black eyes and high breast. Even the gendarme whom she passed gazed at her until she seated herself; then, as if feeling himself guilty, he quickly turned his head from her and straightening himself, he began to gaze into the window directly in front of him.

  The presiding justice waited until all the prisoners took their places, and as soon as Maslova was seated, he turned to the secretary.

  Then commenced the customary proceeding; calling of the jurymen, fining the absent ones, listening to the claims of exemption from jury duty and filling the panel from a number of reserves. Then the presiding justice folded the slips of paper, placed them in a glass vase, and turning up his gold-laced sleeve drew the slips one by one, unrolled them and read them aloud. Then he straightened his sleeve and called on the priest to swear in the jury.

  An old little priest with a swollen, pale yellow face, in a brown cassock and gold cross on his breast and some small badges pinned to the cassock, slowly moving his swollen feet under the cassock, approached the reading desk under the image.

  The jury rose and, crowding each other, came forward.

  "Come nearer, please," said the priest, touching with his swollen hand the cross on his breast, and waiting until all the jury were near him.

  While the jury were mounting the steps to the elevation where the desk stood, the priest wriggled his bald, hoary head through the opening of the stole, then rearranging his scanty hair, he turned to the jury:

  "Raise your right hands and keep your fingers thus," he said, in a slow, feeble voice, raising his bloated hand and pointing at his forehead with the first three of its dimpled fingers. "Now repeat after me: 'I promise and swear by the Almighty God, His Holy Gospel, and by the life-giving cross of our Lord, that in the case'"--he continued, resting after each phrase. "Don't drop your hand; hold it thus," he turned to a young man who let his hand fall--"'that in the case which----'"

  The portly, whiskered gentleman, the colonel, merchant and others held their hands as directed by the priest, and seemed to do so with particular pleasure, holding their hands quite high, and their fingers most proper; others seemed to do it against their will, and carelessly. Some repeated the words too loudly, in a provoking manner, with an expression on the face which seemed to say: "I will repeat as I please;" others whispered, fell behind the priest and then, as if frightened, hastened to catch up with him. Some held their fingers tightly closed, as if challenging anyone to part them; others, again, loosened them, now closed them again. After the jury was sworn, the presiding justice directed them to choose a foreman. They arose and, crowding each other, went into the consultation room, where almost every one produced cigarettes and began to smoke. Some one proposed the portly gentleman, who was immediately chosen, then they threw away their cigarettes and returned to the court. The gentleman declared to the presiding justice that he was chosen foreman, and stepping over the feet of each other, the jury again seated themselves in the two rows of high-backed chairs.

  Everything proceeded smoothly, quickly and not without solemnity, and the regularity, order and solemnity evidently pleased the participants, confirming their sense of rendering important public service. Nekhludoff also experienced this feeling.

  As soon as the jury seated themselves the presiding justice instructed them in their rights, duties and responsibilities. While speaking, he was constantly changing his attitude; now he leaned on his right hand, now on his left; then he reclined in his chair, or rested his hands on the arms of the chair, smoothed the corners of the paper on the table, polished the paper-knife or clutched the lead pencil.

  Their rights, according to him, consisted in that they were allowed to question prisoners, through the presiding justice; they might keep pencils and paper, and might also view exhibits. Their duties consisted in not giving a false verdict. And their responsibilities consisted in that if they failed to keep secret their deliberations, or spoke to outsiders, they would be liable to punishment.

  They all listened with respectful attention. The merchant, from whom the fumes of wine spread through the jury box, and who was suppr
essing the noisy rising of gases in his stomach, approvingly nodded at every sentence.

  CHAPTER IX.

  After he had finished the instructions, the presiding justice turned to the prisoners.

  "Simon Kartinkin, rise!" he said.

  Simon sprang up nervously. The muscles of his cheeks began to twitch still quicker.

  "What is your name?"

  "Simon Petroff Kartinkin," he said quickly, in a sharp voice, evidently prepared for the question.

  "What estate?"

  "Peasant."

  "What government, district?"

  "Government of Tula, district of Krapivensk, Kupian township, village of Borki."

  "How old are you?"