by Leo Tolstoy
"Of course, of course," said the merchant.
"She could not have taken the money, because in her position she would hardly know what to do with it."
"That's just what I say," remarked the merchant.
"But it is very likely that her coming put the idea into the servants' heads and that they grasped the opportunity and shoved all the blame on her." Peter Gerasimovitch spoke so irritably that the foreman became irritated too, and went on obstinately defending the opposite views; but Peter Gerasimovitch spoke so convincingly that the majority agreed with him, and decided that Maslova was not guilty of stealing the money and that the ring was given her.
But when the question of her having taken part in the poisoning was raised, her zealous defender, the merchant, declared that she must be acquitted, because she could have no reason for the poisoning. The foreman, however, said that it was impossible to acquit her, because she herself had pleaded guilty to having given the powder.
"Yes, but thinking it was opium," said the merchant.
"Opium can also deprive one of life," said the colonel, who was fond of wandering from the subject, and he began telling how his brother-in-law's wife would have died of an overdose of opium if there had not been a doctor near at hand to take the necessary measures. The colonel told his story so impressively, with such self-possession and dignity, that no one had the courage to interrupt him. Only the clerk, infected by his example, decided to break in with a story of his own: "There are some who get so used to it that they can take 40 drops. I have a relative--," but the colonel would not stand the interruption, and went on to relate what effects the opium had on his brother-in-law's wife.
"But, gentlemen, do you know it is getting on towards five o'clock?" said one of the jury.
"Well, gentlemen, what are we to say, then?" inquired the foreman. "Shall we say she is guilty, but without intent to rob? And without stealing any property? Will that do?" Peter Gerasimovitch, pleased with his victory, agreed.
"But she must be recommended to mercy," said the merchant.
All agreed; only the old artelshik insisted that they should say "Not guilty."
"It comes to the same thing," explained the foreman; "without intent to rob, and without stealing any property. Therefore, 'Not guilty,' that's evident."
"All right; that'll do. And we recommend her to mercy," said the merchant, gaily.
They were all so tired, so confused by the discussions, that nobody thought of saying that she was guilty of giving the powder but without the intent of taking life. Nekhludoff was so excited that he did not notice this omission, and so the answers were written down in the form agreed upon and taken to the court.
Rabelais says that a lawyer who was trying a case quoted all sorts of laws, read 20 pages of judicial senseless Latin, and then proposed to the judges to throw dice, and if the numbers proved odd the defendant would he right, if not, the plaintiff.
It was much the same in this case. The resolution was taken, not because everybody agreed upon it, but because the president, who had been summing up at such length, omitted to say what he always said on such occasions, that the answer might be, "Yes, guilty, but without the intent of taking life;" because the colonel had related the story of his brother-in-law's wife at such great length; because Nekhludoff was too excited to notice that the proviso "without intent to take life" had been omitted, and thought that the words "without intent" nullified the conviction; because Peter Gerasimovitch had retired from the room while the questions and answers were being read, and chiefly because, being tired, and wishing to get away as soon as possible, all were ready to agree with the decision which would bring matters to an end soonest.
The jurymen rang the bell. The gendarme who had stood outside the door with his sword drawn put the sword back into the scabbard and stepped aside. The judges took their seats and the jury came out one by one.
The foreman brought in the paper with an air of solemnity and handed it to the president, who looked at it, and, spreading out his hands in astonishment, turned to consult his companions. The president was surprised that the jury, having put in a proviso--without intent to rob--did not put in a second proviso--without intent to take life. From the decision of the jury it followed that Maslova had not stolen, nor robbed, and yet poisoned a man without any apparent reason.
"Just see what an absurd decision they have come to," he whispered to the member on his left. "This means penal servitude in Siberia, and she is innocent."
"Surely you do not mean to say she is innocent?" answered the serious member.
"Yes, she is positively innocent. I think this is a case for putting Article 817 into practice (Article 817 states that if the Court considers the decision of the jury unjust it may set it aside)."
"What do you think?" said the president, turning to the other member. The kindly member did not answer at once. He looked at the number on a paper before him and added up the figures; the sum would not divide by three. He had settled in his mind that if it did divide by three he would agree to the president's proposal, but though the sum would not so divide his kindness made him agree all the same.
"I, too, think it should he done," he said.
"And you?" asked the president, turning to the serious member.
"On no account," he answered, firmly. "As it is, the papers accuse the jury of acquitting prisoners. What will they say if the Court does it? I, shall not agree to that on any account."
The president looked at his watch. "It is a pity, but what's to be done?" and handed the questions to the foreman to read out. All got up, and the foreman, stepping from foot to foot, coughed, and read the questions and the answers. All the Court, secretary, advocates, and even the public prosecutor, expressed surprise. The prisoners sat impassive, evidently not understanding the meaning of the answers. Everybody sat down again, and the president asked the prosecutor what punishments the prisoners were to be subjected to.
The prosecutor, glad of his unexpected success in getting Maslova convicted, and attributing the success entirely to his own eloquence, looked up the necessary information, rose and said: "With Simeon Kartinkin I should deal according to Statute 1,452 paragraph 93. Euphemia Botchkova according to Statute . . ., etc. Katerina Maslova according to Statute . . ., etc."
All three punishments were the heaviest that could he inflicted.
"The Court will adjourn to consider the sentence," said the president, rising. Everybody rose after him, and with the pleasant feeling of a task well done began to leave the room or move about in it.
"D'you know, sirs, we have made a shameful hash of it?" said Peter Gerasimovitch, approaching Nekhludoff, to whom the foreman was relating something. "Why, we've got her to Siberia."
"What are you saying?" exclaimed Nekhludoff. This time he did not notice the teacher's familiarity.
"Why, we did not put in our answer 'Guilty, but without intent of causing death.' The secretary just told me the public prosecutor is for condemning her to 15 years' penal servitude."
"Well, but it was decided so," said the foreman.
Peter Gerasimovitch began to dispute this, saying that since she did not take the money it followed naturally that she could not have had any intention of committing murder.
"But I read the answer before going out," said the foreman, defending himself, "and nobody objected."
"I had just then gone out of the room," said Peter Gerasimovitch, turning to Nekhludoff, "and your thoughts must have been wool-gathering to let the thing pass."
"I never imagined this," Nekhludoff replied.
"Oh, you didn't?"
"Oh, well, we can get it put right," said Nekhludoff.
"Oh, dear no; it's finished."
Nekhludoff looked at the prisoners. They whose fate was being decided still sat motionless behind the grating in front of the soldiers. Maslova was smiling. Another feeling stirred in Nekhludoff's soul. Up to now, expecting her acquittal and thinking she would remain in the town, he was uncertain how to a
ct towards her. Any kind of relations with her would be so very difficult. But Siberia and penal servitude at once cut off every possibility of any kind of relations with her. The wounded bird would stop struggling in the game-bag, and no longer remind him of its existence.
CHAPTER XXIV
.
THE TRIAL--THE SENTENCE.
Peter Gerasimovitch's assumption was correct. The president came back from the debating room with a paper, and read as follows:--"April 28th, 188-. By His Imperial Majesty's ukase No. ----- The Criminal Court, on the strength of the decision of the jury, in accordance with Section 3 of Statute 771, Section 3 of Statutes 770 and 777, decrees that the peasant, Simeon Kartinkin, 33 years of age, and the meschanka Katerina Maslova, 27 years of age, are to be deprived of all property rights and to be sent to penal servitude in Siberia, Kartinkin for eight, Maslova for four years, with the consequences stated in Statute 25 of the code. The meschanka Botchkova, 43 years of age, to be deprived of all special personal and acquired rights, and to be imprisoned for three years with consequences in accord with Statute 48 of the code. The costs of the case to be borne equally by the prisoners; and, in the case of their being without sufficient property, the costs to be transferred to the Treasury. Articles of material evidence to be sold, the ring to be returned, the phials destroyed." Botchkova was condemned to prison, Simeon Kartinken and Katerina Maslova to the loss of all special rights and privileges and to penal servitude in Siberia, he for eight and she for four years.
Kartinkin stood holding his arms close to his sides and moving his lips. Botchkova seemed perfectly calm. Maslova, when she heard the sentence, blushed scarlet. "I'm not guilty, not guilty!" she suddenly cried, so that it resounded through the room. "It is a sin! I am not guilty! I never wished--I never thought! It is the truth I am saying--the truth!" and sinking on the bench she burst into tears and sobbed aloud. When Kartinkin and Botchkova went out she still sat crying, so that a gendarme had to touch the sleeve of her cloak.
"No; it is impossible to leave it as it is," said Nekhludoff to himself, utterly forgetting his bad thoughts. He did not know why he wished to look at her once more, but hurried out into the corridor. There was quite a crowd at the door. The advocates and jury were going out, pleased to have finished the business, and he was obliged to wait a few seconds, and when he at last got out into the corridor she was far in front. He hurried along the corridor after her, regardless of the attention he was arousing, caught her up, passed her, and stopped. She had ceased crying and only sobbed, wiping her red, discoloured face with the end of the kerchief on her head. She passed without noticing him. Then he hurried back to see the president. The latter had already left the court, and Nekhludoff followed him into the lobby and went up to him just as he had put on his light grey overcoat and was taking the silver-mounted walking-stick which an attendant was handing him.
"Sir, may I have a few words with you concerning some business I have just decided upon?" said Nekhludoff. "I am one of the jury."
"Oh, certainly, Prince Nekhludoff. I shall be delighted. I think we have met before," said the president, pressing Nekhludoff's hand and recalling with pleasure the evening when he first met Nekhludoff, and when he had danced so gaily, better than all the young people. "What can I do for you?"
"There is a mistake in the answer concerning Maslova. She is not guilty of the poisoning and yet she is condemned to penal servitude," said Nekhludoff, with a preoccupied and gloomy air.
"The Court passed the sentence in accordance with the answers you yourselves gave," said the president, moving towards the front door; "though they did not seem to be quite in accord." And he remembered that he had been going to explain to the jury that a verdict of "guilty" meant guilty of intentional murder unless the words "without intent to take life" were added, but had, in his hurry to get the business over, omitted to do so.
"Yes, but could not the mistake be rectified?"
"A reason for an appeal can always be found. You will have to speak to an advocate," said the president, putting on his hat a little to one side and continuing to move towards the door.
"But this is terrible."
"Well, you see, there were two possibilities before Maslova," said the president, evidently wishing to be as polite and pleasant to Nekhludoff as he could. Then, having arranged his whiskers over his coat collar, he put his hand lightly under Nekhludoff's elbow, and, still directing his steps towards the front door, he said, "You are going, too?"
"Yes," said Nekhludoff, quickly getting his coat, and following him.
They went out into the bright, merry sunlight, and had to raise their voices because of the rattling of the wheels on the pavement.
"The situation is a curious one, you see," said the president; "what lay before this Maslova was one of two things: either to be almost acquitted and only imprisoned for a short time, or, taking the preliminary confinement into consideration, perhaps not at all--or Siberia. There is nothing between. Had you but added the words, 'without intent to cause death,' she would have been acquitted."
"Yes, it was inexcusable of me to omit that," said Nekhludoff.
"That's where the whole matter lies," said the president, with a smile, and looked at his watch. He had only three-quarters of an hour left before the time appointed by his Clara would elapse.
"Now, if you like to speak to the advocates you'll have to find a reason for an appeal; that can be easily done." Then, turning to an isvostchik, he called out, "To the Dvoryanskaya 30 copecks; I never give more." "All right, your honour; here you are."
"Good-afternoon. If I can be of any use, my address is House Dvornikoff, on the Dvoryanskaya; it's easy to remember." And he bowed in a friendly manner as he got into the trap and drove off.
CHAPTER XXV
.
NEKHLUDOFF CONSULTS AN ADVOCATE.
His conversation with the president and the fresh air quieted Nekhludoff a little. He now thought that the feelings experienced by him had been exaggerated by the unusual surroundings in which he had spent the whole of the morning, and by that wonderful and startling coincidence. Still, it was absolutely necessary to take some steps to lighten Maslova's fate, and to take them quickly. "Yes, at once! It will be best to find out here in the court where the advocate Fanarin or Mikishin lives." These were two well-known advocates whom Nekhludoff called to mind. He returned to the court, took off his overcoat, and went upstairs. In the first corridor he met Fanarin himself. He stopped him, and told him that he was just going to look him up on a matter of business.
Fanarin knew Nekhludoff by sight and name, and said he would be very glad to be of service to him.
"Though I am rather tired, still, if your business will not take very long, perhaps you might tell me what it is now. Will you step in here?" And he led Nekhludoff into a room, probably some judge's cabinet. They sat down by the table.
"Well, and what is your business?"
"First of all, I must ask you to keep the business private. I do not want it known that I take an interest in the affair."
"Oh, that of course. Well?"
"I was on the jury to-day, and we have condemned a woman to Siberia, an innocent woman. This bothers me very much." Nekhludoff, to his own surprise, blushed and became confused. Fanarin glanced at him rapidly, and looked down again, listening.
"Well?"
"We have condemned a woman, and I should like to appeal to a higher court."
"To the Senate, you mean," said Fanarin, correcting him.
"Yes, and I should like to ask you to take the case in hand." Nekhludoff wanted to get the most difficult part over, and added, "I shall take the costs of the case on myself, whatever they may be."
"Oh, we shall settle all that," said the advocate, smiling with condescension at Nekhludoff's inexperience in these matters. "What is the case?"
Nekhludoff stated what had happened.
"All right. I shall look the case through to-morrow or the day after--no--better on Thursday. If you will come to m
e at six o'clock I will give you an answer. Well, and now let us go; I have to make a few inquiries here."
Nekhludoff took leave of him and went out. This talk with the advocate, and the fact that he had taken measures for Maslova's defence, quieted him still further. He went out into the street. The weather was beautiful, and he joyfully drew in a long breath of spring air. He was at once surrounded by isvostchiks offering their services, but he went on foot. A whole swarm of pictures and memories of Katusha and his conduct to her began whirling in his brain, and he felt depressed and everything appeared gloomy. "No, I shall consider all this later on; I must now get rid of all these disagreeable impressions," he thought to himself.
He remembered the Korchagin's dinner and looked at his watch. It was not yet too late to get there in time. He heard the ring of a passing tramcar, ran to catch it, and jumped on. He jumped off again when they got to the market-place, took a good isvostchik, and ten minutes later was at the entrance of the Korchagins' big house.