by Leo Tolstoy
They rang the bell. The gendarme sheathed his sword and stood aside. The judges, one by one, took their seats and the jury filed out.
The foreman held the list with a solemn air. He approached the justiciary and handed it to him. The justiciary read it, and, with evident surprise, turned to consult with his associates. He was surprised that the jury, in limiting the charge by the words, "without intent to rob," should fail to add also "without intent to cause death." It followed from the decision of the jury, that Maslova had not stolen or robbed, but had poisoned a man without any apparent reason.
"Just see what an absurd decision they have reached," he said to the associate on his left. "This means hard labor for her, and she is not guilty."
"Why not guilty?" said the stern associate.
"She is simply not guilty. I think that chapter 818 might properly be applied to this case." (Chapter 818 gives the court the power to set aside an unjust verdict.)
"What do you think?" he asked the kind associate.
"I agree with you."
"And you?" he asked the choleric associate.
"By no means," he answered, decidedly. "As it is, the papers say that too many criminals are discharged by juries. What will they say, then, if the court should discharge them? I will not agree under any circumstances."
The justiciary looked at the clock.
"It is a pity, but what can I do?" and he handed the questions to the foreman.
They all rose, and the foreman, standing now on one foot, now on the other, cleared his throat and read the questions and answers. All the officers of the court--the secretary, the lawyers and even the prosecutor--expressed surprise.
The prisoners, who evidently did not understand the significance of the answers, were serene. When the reading was over, the justiciary asked the prosecutor what punishment he thought should be imposed on the prisoners.
The prosecutor, elated by the successful verdict against Maslova, which he ascribed to his eloquence, consulted some books, then rose and said:
"Simon Kartinkin, I think, should be punished according to chapter 1,452, sec. 4, and chapter 1,453; Euphemia Bochkova according to chapter 1,659, and Katherine Maslova according to chapter 1,454."
All these were the severest punishments that could be imposed for the crimes.
"The court will retire to consider their decision," said the justiciary, rising.
Everybody then rose, and, with a relieved and pleasant feeling of having fulfilled an important duty, walked around the court-room.
"What a shameful mess we have made of it," said Peter Gerasimovitch, approaching Nekhludoff, to whom the foreman was telling a story. "Why, we have sentenced her to hard labor."
"Is it possible?" exclaimed Nekhludoff, taking no notice at all this time of the unpleasant familiarity of the tutor.
"Why, of course," he said. "We have not inserted in the answer, 'Guilty, but without intent to cause death.' The secretary has just told me that the law cited by the prosecutor provides fifteen years' hard labor."
"But that was our verdict," said the foreman.
Peter Gerasimovitch began to argue that it was self-evident that as she did not steal the money she could not have intended to take the merchant's life.
"But I read the questions before we left the room," the foreman justified himself, "and no one objected."
"I was leaving the room at the time," said Peter Gerasimovitch. "But how did you come to miss it?"
"I did not think of it," answered Nekhludoff.
"You did not!"
"We can right it yet," said Nekhludoff.
"No, we cannot--it is all over now."
Nekhludoff looked at the prisoners. While their fate was being decided, they sat motionless behind the grating in front of the soldiers. Maslova was smiling.
Nekhludoff's soul was stirred by evil thoughts. When he thought that she would be freed and remain in the city, he was undecided how he should act toward her, and it was a difficult matter. But Siberia and penal servitude at once destroyed the possibility of their meeting again. The wounded bird would stop struggling in the game-bag, and would no longer remind him of its existence.
CHAPTER XXIV.
The apprehensions of Peter Gerasimovitch were justified.
On returning from the consultation-room the justiciary produced a document and read the following:
"By order of His Imperial Majesty, the Criminal Division of the ---- Circuit Court, in conformity with the finding of the jury, and in accordance with ch. 771, s. 3, and ch. 776, s. 3, and ch. 777 of the Code of Criminal Procedure, this 28th day of April, 188-, decrees that Simon Kartinkin, thirty-three years of age, and Katherine Maslova, twenty-seven years of age, be deprived of all civil rights, and sent to penal servitude, Kartinkin for eight, Maslova for the term of four years, under conditions prescribed by ch. 25 of the Code. Euphemia Bochkova is deprived of all civil and special rights and privileges, and is to be confined in jail for the period of three years under conditions prescribed by ch. 49 of the Code, with the costs of the trial to be borne by all three, and in case of their inability to pay, to be paid out of the treasury.
"The exhibits are to be sold, the ring returned, and the vials destroyed."
Kartinkin stood like a post, and with outstretched fingers held up the sleeves of his coat, moving his jaws. Bochkova seemed to be calm. When Maslova heard the decision, she turned red in the face.
"I am innocent, I am innocent!" she suddenly cried. "It is a sin. I am innocent. I never wished; never thought. It is the truth." And sinking to the bench, she began to cry aloud.
When Kartinkin and Bochkova left the court-room she was still standing and crying, so that the gendarme had to touch the sleeve of her coat.
"She cannot be left to her fate," said Nekhludoff to himself, entirely forgetting his evil thoughts, and, without knowing why, he ran into the corridor to look at her again. He was detained at the door for a few minutes by the jostling, animated crowd of jurors and lawyers, who were glad that the case was over, so that when he reached the corridor Maslova was some distance away. Without thinking of the attention he was attracting, with quick step he overtook her, walked a little ahead of her and stopped. She had ceased to cry, only a sob escaped her now and then while she wiped her tears with a corner of her 'kerchief. She passed him without turning to look at him. He then hastily returned to see the justiciary. The latter had left his room, and Nekhludoff found him in the porter's lodge.
"Judge," said Nekhludoff, approaching him at the moment when he was putting on a light overcoat and taking a silver-handled cane which the porter handed him, "may I speak to you about the case that has just been tried? I am a juror."
"Why, of course, Prince Nekhludoff! I am delighted to see you. We have met before," said the justiciary, pressing his hand, and recalling with pleasure that he was the jolliest fellow and best dancer of all the young men on the evening he had met him. "What can I do for you?"
"There was a mistake in the jury's finding against Maslova. She is not guilty of poisoning, and yet she is sent to penal servitude," he said, with a gloomy countenance.
"The court gave its decision in accordance with your own finding," answered the justiciary, moving toward the door, "although the answers did not seem to suit the case."
He remembered that he intended to explain to the jury that an answer of guilty without a denial of intent to kill involved an intent to kill, but, as he was hastening to terminate the proceedings, he failed to do so.
"But could not the mistake be rectified?"
"Cause for appeal can always be found. You must see a lawyer," said the justiciary, putting on his hat a little on one side and continuing to move toward the door.
"But this is terrible."
"You see, one of two things confronted Maslova," the justiciary said, evidently desiring to be as pleasant and polite with Nekhludoff as possible. Then, arranging his side-whiskers over his coat collar, and taking Nekhludoff's arm, he led him toward the door.
"You are also going?" he continued.
"Yes," said Nekhludoff, hastily donning his overcoat and following him.
They came out into the bright, cheerful sunlight, where the rattling of wheels on the pavement made it necessary to raise their voices.
"The situation, you see, is a very curious one," continued the justiciary. "Maslova was confronted by one of two things: either a short term in jail, in which case her lengthy confinement would have been taken into consideration, or penal servitude; no other sentence was possible. Had you added the words, 'without intent to kill,' she would have been discharged."
"It is unpardonable neglect on my part," said Nekhludoff.
"That is the whole trouble," the justiciary said, smiling and looking at his watch.
There was only three-quarters of an hour left to the latest hour fixed in Clara's appointment.
"You can apply to a lawyer, if you wish. It is necessary to find grounds for appeal. But that can always be found. To the Dvorianskaia," he said to the cab-driver. "Thirty kopecks--I never pay more."
"All right, Your Excellency."
"Good-day. If I can be of any service to you, please let me know. You will easily remember my address: Dvornikoff's house, on the Dvorinskaia."
And, making a graceful bow, he rode off.
CHAPTER XXV.
The conversation with the justiciary and the pure air somewhat calmed Nekhludoff. The feeling he experienced he now ascribed to the fact that he had passed the day amid surroundings to which he was unaccustomed.
"It is certainly a remarkable coincidence! I must do what is necessary to alleviate her lot, and do it quickly. Yes, I must find out here where Fanarin or Mikishin lives." Nekhludoff called to mind these two well-known lawyers.
Nekhludoff returned to the court-house, took off his overcoat and walked up the stairs. In the very first corridor he met Fanarin. He stopped him and told him that he had some business with him. Fanarin knew him by sight, and also his name. He told Nekhludoff that he would be glad to do anything to please him.
"I am rather tired, but, if it won't take long, I will listen to your case. Let us walk into that room."
And Fanarin led Nekhludoff into a room, probably the cabinet of some judge. They seated themselves at a table.
"Well, state your case."
"First of all, I will ask you," said Nekhludoff, "not to disclose that I am interesting myself in this case."
"That is understood. Well?"
"I was on a jury to-day, and we sent an innocent woman to Siberia. It torments me."
To his own surprise, Nekhludoff blushed and hesitated. Fanarin glanced at him, then lowered his eyes and listened.
"Well?"
"We condemned an innocent woman, and I would like to have the case appealed to a higher court."
"To the Senate?" Fanarin corrected him.
"And I wish you to take the case."
Nekhludoff wanted to get through the most difficult part, and therefore immediately added:
"I take all expenses on myself, whatever they may be," he said, blushing.
"Well, we will arrange all that," said the lawyer, condescendingly smiling at Nekhludoff's inexperience.
"What are the facts of the case?"
Nekhludoff related them.
"Very well; I will examine the record to-morrow. Call at my office the day after--no, better on Thursday, at six o'clock in the evening, and I will give you an answer. And now let us go; I must make some inquiries here."
Nekhludoff bade him good-by, and departed.
His conversation with the lawyer, and the fact that he had already taken steps to defend Maslova, still more calmed his spirit. The weather was fine, and when Nekhludoff found himself on the street, he gladly inhaled the spring air. Cab drivers offered their services, but he preferred to walk, and a swarm of thoughts and recollections of Katiousha and his conduct toward her immediately filled his head. He became sad, and everything appeared to him gloomy. "No, I will consider it later," he said to himself, "and now I must have some diversion from these painful impressions."
The dinner at the Korchagin's came to his mind, and he looked at his watch. It was not too late to reach there for dinner. A tram-car passed by. He ran after it, and boarded it at a bound. On the square he jumped off, took one of the best cabs, and ten minutes later he alighted in front of Korchagin's large dwelling.
CHAPTER XXVI.
"Walk in, Your Excellency, you are expected," said the fat porter, pushing open the swinging, oaken door of the entrance. "They are dining, but I was told to admit you."
The porter walked to the stairway and rang the bell.
"Are there any guests?" Nekhludoff asked, while taking off his coat.
"Mr. Kolosoff, also Michael Sergeievich, besides the family," answered the porter.
A fine-looking lackey in dress coat and white gloves looked down from the top of the stairs.
"Please to walk in, Your Excellency," he said.
Nekhludoff mounted the stairs, and through the spacious and magnificent parlor he entered the dining-room. Around the table were seated the entire family, except Princess Sophia Vasilievna, who never left her own apartments. At the head of the table sat old Korchagin, on his left the physician; on his right, a visitor, Ivan Ivanovich Kolosoff, an ex-district commander, and now a bank manager, who was a friend of the family, and of liberal tendencies; further to the left was Miss Rader, governess to Missy's four-year-old sister, with the little girl herself; then to the right, Missy's only brother, Peter, a high-school pupil, on account of whose forthcoming examinations the entire family remained in the city, and his tutor, also a student; then again to the left, Katherine Alexeievna, a forty-year-old girl Slavophile; opposite to her was Michael Sergeievich, or Misha Telegin, Missy's cousin, and at the foot of the table, Missy herself, and beside her, on the table, lay an extra cover.
"Ah, very glad you came! Take a seat! We are still at the fish," chewing carefully with his false teeth old Korchagin said, lifting his bloodshot eyes on Nekhludoff. "Stepan!" he turned with a full mouth to the fat, majestic servant, pointing with his eyes to Nekhludoff's plate. Although Nekhludoff had often dined with and knew Korchagin well, this evening his old face, his sensual, smacking lips, the napkin stuck under his vest, the fat neck, and especially the well-fed, military figure made an unpleasant impression on him.
"It is all ready, Your Excellency," said Stepan, taking a soup ladle from the sideboard and nodding to the fine-looking servant with the side-whiskers, who immediately began to set the table beside Missy.
Nekhludoff went around the table shaking hands with every one. All, except Korchagin and the ladies, rose from their seats when he approached them. And this walking around the table and his handshaking, although most of the people were comparative strangers to him, this evening seemed to Nekhludoff particularly unpleasant and ridiculous. He excused himself for his late coming, and was about to seat himself at the end of the table between Missy and Katherine Alexeievna, when old Korchagin demanded that, since he would not take any brandy, he should first take a bite at the table, on which were lobster, caviare, cheese and herring. Nekhludoff did not know he was as hungry as he turned out to be, and when he tasted of some cheese and bread he could not stop eating, and ate ravenously.
"Well? Have you been undermining the bases of society?" asked Kolosoff, ironically, using an expression of a retrogressive newspaper, which was attacking the jury system. "You have acquitted the guilty and condemned the innocent? Have you?"
"Undermining the bases--undermining the bases"--smilingly repeated the Prince, who had boundless confidence in the intelligence and honesty of his liberal comrade and friend.
Nekhludoff, at the risk of being impolite, did not answer Kolosoff, and, seating himself before the steaming soup, continued to eat.
"Do let him eat," said Missy, smiling. By the pronoun "him," she meant to call attention to her intimacy with Nekhludoff.
Meanwhile Kolosoff was energetically and loud
ly discussing the article against trial by jury which had roused his indignation. Michael Sergeievich supported his contentions and quoted the contents of another similar article.
