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

by Leo Tolstoy

  CHAPTER XIX.

  Nekhludoff was in this state of mind when he left the court-room and entered the jury-room. He sat near the window, listening to the conversations of his fellow jurymen, and smoked incessantly.

  The cheerful merchant evidently sympathized with Merchant Smelkoff's manner of passing his time.

  "Well, well! He went on his spree just like a Siberian! Seems to have known a good thing when he saw it. What a beauty!"

  The foreman expressed the opinion that the whole case depended on the expert evidence. Peter Gerasimovich was jesting with the Jewish clerk, and both of them burst out laughing. Nekhludoff answered all questions in monosyllables, and only wished to be left in peace.

  When the usher with the sidling gait called the jury into court Nekhludoff was seized with fear, as if judgment was to be passed on him, and not he to pass judgment on others.

  In the depth of his soul he already felt that he was a rascal, who ought to be ashamed to look people in the face, and yet, by force of habit, he walked to the elevation with his customary air of self-confidence, and took his seat next to the foreman, crossed his legs and began to play with his pince-nez.

  The prisoners, who had also been removed from the court, were brought in again.

  The new faces of witnesses were now seen in the court-room, and Nekhludoff noticed Maslova constantly turning her head in the direction of a smartly attired, stout woman in silk and plush, with an elegant reticule hanging on her half-bare arm. This was, as Nekhludoff afterward learned, Maslova's mistress and a witness against her.

  The examination of the witnesses began as to their names, age, religion, et cetera. After being questioned as to whether they preferred to testify under oath, the same old priest, with difficulty moving his legs, came, and again arranging the gold cross on his silk-covered breast, with the same calmness and confidence, began to administer the oath to the witnesses and the expert. When the swearing in was over, the witnesses were removed to an adjoining room, leaving only Kitaeva, Maslova's mistress. She was asked what she knew of the affair. Kitaeva, with a feigned smile, a German accent, and straightening her hat at every sentence, fluently and circumstantially related the following:

  Simon came first to her house for Liubasha.[E] In a little while Liubasha returned with the merchant. "The merchant was already in ecstasy," slightly smiling, said Kitaeva, "and he continued to drink and treat himself, but as he was short of money he sent to his room this same Liubasha, for whom he acquired a predilection," she said, looking at Maslova.

  It seemed to Nekhludoff that Maslova smiled at this, and the smile seemed to him disgusting. A strange feeling of squeamishness mingled with compassion rose in his breast.

  "What opinion did you entertain of Maslova?" timidly and blushingly asked the attorney assigned by the court to defend Maslova.

  "Very excellent," answered Kitaeva. "The girl is very well educated and elegant in her manners. She was raised in a very good family, and could read French. She sometimes drank a little too much, but she never forgot herself. She is a very good girl."

  Katiousha looked at her mistress, then suddenly turned her eyes on the jury and rested them on Nekhludoff, her face becoming serious and even stern. One of the stern eyes squinted. These strangely gazing eyes were turned on Nekhludoff for a considerable time. Notwithstanding the terror that seized him, he could not remove his own gaze from those squinting eyes with their shining whites. He recalled that awful night with the breaking ice, the fog, and especially that waning, upturned moon which rose in the morning and lit up something dark and terrible. These two black eyes which looked at and at the same time by him reminded him of something dark and terrible.

  "She recognized me!" he thought. And Nekhludoff shrank, as it were, waiting for the blow. But she did not recognize him. She sighed calmly and again fixed her eyes on the justiciary. Nekhludoff also sighed. "Ah, if they would only hasten it through," he thought. He felt now as he did once when out game shooting, when he was obliged to kill a wounded bird--he was filled with disgust, pity and vexation. The wounded bird is struggling in the game bag; he feels disgust and pity, and wishes to kill it quickly and forget it.

  Such mingled feelings filled Nekhludoff's breast as he sat listening to the examination of the witnesses.

  FOOTNOTES:

  [Footnote E: A contemptuous diminutive of Liuba. Tr.]

  CHAPTER XX.

  As if to spite him, the case dragged out to a weary length. After the examination of the witnesses and the expert, and after all the unnecessary questions by the prosecutor and the attorneys, usually made with an important air, the justiciary told the jury to look at the exhibits, which consisted of an enormous ring with a diamond rosette, evidently made for the forefinger, and a glass tube containing the poison. These were sealed and labeled.

  The jury were preparing to view these things, when the prosecutor rose again and demanded that before the exhibits were examined the medical report of the condition of the body be read.

  The justiciary was hurrying the case, and though he knew that the reading of the report would only bring ennui and delay the dinner, and that the prosecutor demanded it only because he had the right to do so, he could not refuse the request and gave his consent. The secretary produced the report, and, lisping the letters l and r, began to read in a sad voice.

  The external examination disclosed:

  1. The height of Therapout Smelkoff was six feet five inches.

  "But what a huge fellow," the merchant whispered in Nekhludoff's ear with solicitude.

  2. From external appearances he seemed to be about forty years of age.

  3. The body had a swollen appearance.

  4. The color of the pall was green, streaked with dark spots.

  5. The skin on the surface of the body rose in bubbles of various sizes, and in places hung in patches.

  6. The hair was dark and thick, and fell off at a slight touch.

  7. The eyes came out of their orbits, and the pupils were dull.

  8. A frothy, serous fluid flowed continuously from the cavity of the mouth, the nostrils and ears. The mouth was half open.

  9. The neck almost disappeared in the swelling of the face and breast, et cetera, et cetera.

  Thus, over four pages and twenty-seven clauses, ran the description of the external appearance of the terrible, large, stout, swollen and decomposing body of the merchant who amused himself in the city. The loathing which Nekhludoff felt increased with the reading of the description. Katiousha's life, the sanies running from the nostrils, the eyes that came out of their sockets, and his conduct toward her--all seemed to him to belong to the same order, and he was surrounded and swallowed up by these things. When the reading was finally over, the justiciary sighed deeply and raised his head in the hope that it was all over, but the secretary immediately began to read the report on the internal condition of the body.

  The justiciary again bent his head, and, leaning on his hand, closed his eyes. The merchant, who sat near Nekhludoff, barely kept awake, and from time to time swayed his body. The prisoners as well as the gendarmes behind them sat motionless.

  The internal examination disclosed:

  1. The skin covering of the skull easily detached, and no hemorrhage was noticeable. 2. The skull bones were of average thickness and uninjured. 3. On the hard membrane of the skull there were two small discolored spots of about the size of four centimetres, the membrane itself being of a dull gray color, et cetera, et cetera, to the end of thirteen more clauses.

  Then came the names of the witnesses, the signature and deduction of the physician, from which it appeared that the changes found in the stomach, intestines and kidneys justified the conclusion "to a large degree probable" that the death of Smelkoff was due to poison taken into the stomach with a quantity of wine. That it was impossible to tell by the changes in the stomach and intestines the name of the poison; and that the poison came into the stomach mixed with wine could be inferred from the fact that Smelkoff's
stomach contained a large quantity of wine.

  "He must have drank like a fish," again whispered the awakened merchant.

  The reading of this official report, which lasted about two hours, did not satisfy, however, the prosecutor. When it was over the justiciary turned to him, saying:

  "I suppose it is superfluous to read the record of the examination of the intestines."

  "I would ask that it be read," sternly said the prosecutor without looking at the justiciary, sidewise raising himself, and impressing by the tone of his voice that it was his right to demand it, that he would insist on it, and that a refusal would be ground for appeal.

  The associate with the long beard and kind, drooping eyes, who was suffering from catarrh, feeling very weak, turned to the justiciary:

  "What is the good of reading it? It will only drag the matter out. These new brooms only take a longer time to sweep, but do not sweep any cleaner."

  The associate in the gold eye-glasses said nothing, and gloomily and determinedly looked in front of him, expecting nothing good either from his wife or from the world.

  The report commenced thus: "February 15th, 188-. The undersigned, in pursuance of an order, No. 638, of the Medical Department," began the secretary with resolution, raising the pitch of his voice, as if to dispel the drowsiness that seized upon every one present, "and in the presence of the assistant medical director, examined the following intestines:

  "1. The right lung and heart (contained in a five-pound glass vial).

  "2. The contents of the stomach (contained in a five-pound glass vial).

  "3. The stomach itself (contained in a five-pound glass vial).

  "4. The kidneys, liver and spleen (contained in a two-and-a-half-pound glass vial).

  "5. The entrails (contained in a five-pound earthen jar)."

  As the reading of this report began the justiciary leaned over to one of his associates and whispered something, then to the other, and, receiving affirmative answers, interrupted the reading at this point.

  "The Court finds the reading of the report superfluous," he said.

  The secretary closed reading and gathered up his papers, while the prosecutor angrily began to make notes.

  "The gentlemen of the jury may now view the exhibits," said the justiciary.

  The foreman and some of the jury rose from their seats, and, holding their hands in awkward positions, approached the table and looked in turn on the ring, vials and jars. The merchant even tried the ring on his finger.

  "What a finger he had," he said, returning to his seat. "It must have been the size of a large cucumber," he added, evidently amused by the giant figure of the merchant, as he imagined him.

  CHAPTER XXI.

  When the examination of the exhibits was over, the justiciary announced the investigation closed, and, desiring to end the session, gave the word to the prosecutor, in the hope that as he, too, was mortal, he might also wish to smoke or dine, and would have pity on the others. But the prosecutor pitied neither himself nor them. When the word was given him, he rose slowly, displaying his elegant figure, and, placing both hands on the desk, and slightly bending his head, he cast a glance around the court-room, his eyes avoiding the prisoners.

  "Gentlemen of the jury, the case which is now to be submitted to your consideration," he began his speech, prepared while the indictment and reports were being read, "is a characteristic crime, if I may so express myself."

  The speech of a prosecuting attorney, according to his idea, had to be invested with a social significance, according to the manner of those lawyers who became famous. True, among his hearers were three women; a seamstress, a cook and Simon's sister, also a driver, but that made no difference. Those celebrities also began on a small scale. The prosecutor made it a rule to view the situation from the eminence of his position, i. e., to penetrate into the profound psychological meaning of crime, and bare the ulcers of society.

  "Here is before you, gentlemen of the jury, a crime characteristic, if I may so express myself, of the end of our century, bearing, as it were, all the specific features of the first symptoms of decomposition, to which those elements of our society, which are exposed, as it were, to the more scorching rays of that process, are subject."

  The prosecutor spoke at great length, endeavoring on the one hand to remember all those wise sayings which he had prepared for the occasion, and on the other, most important, hand, not to stop for a moment, but to make his speech flow uninterruptedly for an hour and a quarter. He stopped only once, for a long time swallowing his saliva, but he immediately mastered himself and made up for the lost time by a greater flow of eloquence. He spoke in a gentle, insinuating voice, resting now on one foot, now on the other, and looking at the jury; then changed to a calm, business tone, consulting his note-book, and again he thundered accusations, turning now to the spectators, now to the jury. But he never looked at the prisoners, all three of whom stared at him. He incorporated into his speech all the latest ideas then in vogue in the circle of his acquaintances, and what was then and is now received as the last word of scientific wisdom. He spoke of heredity, of innate criminality, of Lombroso, of Charcot, of evolution, of the struggle for existence, of hypnotism, of hypnotic suggestion, and of decadence.

  The merchant Smelkoff, according to the prosecutor, was a type of the great, pure Russian, with his broad nature, who, in consequence of his trusting nature and generosity, had become a victim of a gang of corrupt people, into whose hands he had fallen.

  Simon Kartinkin was the atavistic production of serfdom, stupid, without education, and even without religion. Euphemia was his mistress, and a victim of heredity. All the symptoms of degenerate life were in her. But the ruling spirit in this crime was Maslova, who was the mouthpiece of the lowest phenomenon of decadence. "This woman," said the prosecutor without looking at her, "received an education--you have heard here the evidence of her mistress. Not only can she read and write, but she can speak French. She is an orphan, and probably bears the germs of criminality in her. She was raised in an intelligent, noble family, and could make her living by honest toil, but she leaves them, yields to her passions, and displays an intelligence, and especially, as you have heard here, gentlemen of the jury, an ability to exert influence on people by that mysterious, lately discovered by science, especially by the school of Charcot, power known by the name of hypnotic suggestion. By the aid of this power she gets control over this hero--a kind, trustful, rich guest, and uses his confidence first to rob him, and then to pitilessly murder him."

  "But he is wandering away," said the justiciary, smiling and leaning over to the stern associate.

  "What an awful blockhead!" said the stern associate.

  "Gentlemen of the jury!" the prosecutor continued meanwhile, gracefully swaying his slim body. "The fate of these people is in your hands, as is to some extent the fate of society, which is influenced by your verdict. You must fathom the significance of this crime, the danger to society that lurks in such pathological, as it were, individuals as Maslova. You must guard it against infection; it is your duty to guard the innocent, healthy elements of society against contagion, if not destruction."

  And as if himself impressed with the importance of the verdict, and evidently greatly delighted with his speech, the prosecutor took his seat.

  The burden of his speech, if we eliminate the flights of eloquence, was to the effect that Maslova, after gaining the merchant's confidence, hypnotized him, and that, arriving at the inn with the key to the merchant's trunk, she intended to steal the money herself, but, being discovered by Simon and Euphemia, was obliged to divide with them. That afterward, desiring to conceal the traces of her crime, she returned with the merchant to the inn and administered poison to him.

  When the prosecutor had finished his speech, a middle-aged man, in a dress coat and wide semi-circle of starched shirt front, rose from the lawyer's bench, and boldly began to deliver a speech in defense of Kartinkin and Bochkova. He was a lawyer hired by th
em for three hundred rubles. He declared them both innocent, and threw all the blame on Maslova.

  He belittled the deposition of Maslova relating to the presence of Bochkova and Kartinkin when she took the money, and insisted that, as she had confessed to poisoning the merchant, her evidence could have no weight. The twenty-five hundred rubles could have been earned by two hard working and honest persons, who were receiving in tips three to four rubles a day from guests. The merchant's money was stolen by Maslova, who either gave it to some one for safe keeping, or lost it, which was not unlikely, as she was not in a normal condition. The poisoning was done by Maslova alone.

  For these reasons he asked the jury to acquit Kartinkin and Bochkova of stealing the money; or, if they found them guilty of stealing he asked for a verdict of theft, but without participation in the poisoning, and without conspiracy.

  In conclusion, this lawyer made a thrust at the prosecuting attorney by remarking that, although the splendid reasonings of the prosecutor on heredity explain the scientific questions of heredity, they hardly hold good in the case of Bochkova, since her parentage was unknown.