by Leo Tolstoy
Nekhludoff sighed deeply, made a low bow, pressed the bony hand condescendingly extended, and departed.
The general disapprovingly shook his head, and, rubbing his loins, went to the reception-room, where the artist awaited him with the answer of Jeanne D'Arc. The general put on his pince-nez and read: "They will recognize each other by the light issuing from the ethereal bodies."
"Ah!" said the general, approvingly, closing his eyes. "But how will one recognize another when all have the same light?" he asked, and again crossing his fingers with those of the artist, seated himself at the table.
* * * * *
Nekhludoff's driver drove up to the gate.
"It is very dull here, sir," he said, turning to Nekhludoff. "It was very tiresome, and I was about to drive away."
"Yes, tiresome," assented Nekhludoff with a deep sigh, resting his eyes on the clouds and the Neva, dotted with variegated boats and steamers.
CHAPTER XI.
With a note from Prince Ivan Michaelovitch, Nekhludoff went to Senator Wolf--un homme très comme il faut, as the Prince had described him.
Wolf had just breakfasted and, as usual, was smoking a cigar, to aid his digestion, when Nekhludoff arrived. Vladimir Vasilievitch Wolf was really un homme très comme il faut, and this quality he placed above all else; from the height of it he looked upon all other people, and could not help valuing this quality, because, thanks to it, he had gained a brilliant career--the same career he strove for; that is to say, through marriage he obtained a fortune, which brought him a yearly income of eighteen thousand rubles, and by his own efforts he obtained a senatorship. He considered himself not only un homme très comme il faut, but a man of chivalric honesty. By honesty he understood the refusal to take bribes from private people. But to do everything in his power to obtain all sorts of traveling expenses, rents and disbursements he did not consider dishonest. Nor did he consider it dishonest to rob his wife and sister-in-law of their fortunes. On the contrary, he considered that a wise arrangement of his family affairs.
The home circle of Vladimir Vasilievitch consisted of his characterless wife, her sister, whose fortune he managed to get into his own hands by selling her property and depositing the money in his own name, and his gentle, scared, homely daughter, who was leading a solitary, hard life, and whose only diversion consisted in visiting the religious meetings at Aline's and Countess Catherine Ivanovna's.
The son of Vladimir Vasilievitch, a good-natured, bearded boy of fifteen, who at that age had already commenced to drink and lead a depraved life which lasted till he was twenty years old, was driven from the house for the reason that he did not pass examinations in any school, and keeping bad company, and, running into debt, he had compromised his father. The father paid once for his son two hundred and thirty rubles, and paid six hundred rubles a second time, but declared that that was the last time, and if the son did not reform he would drive him from the house and have nothing to do with him. Not only did the son not reform, but contracted another debt of a thousand rubles, and told his father that he did not care if he was driven from the house, since life at home was torture to him. Then Vladimir Vasilievitch told his son that he could go where he pleased; that he was no longer his son. Since then no one in the house dared to speak of his son to him. And Vladimir Vasilievitch was quite certain that he had arranged his family affairs in the best possible manner.
Wolf, with a flattering and somewhat derisive smile--it was an involuntary expression of his consciousness of his comme il faut superiority--halted in his exercise long enough to greet Nekhludoff and read the note.
"Please take a seat, but you must excuse me. If you have no objection I will walk," he said, putting his hands in the pockets of his jacket, and treading lightly up and down the diagonal of the large cabinet, furnished in an austere style. "Very glad to make your acquaintance, and, of course, to please the Count Ivan Michaelovitch," emitting the fragrant, blue smoke, and carefully removing the cigar from his mouth so as not to lose the ashes.
"I would like to ask you to hasten the hearing of the appeal, because if the prisoner is to go to Siberia, it would be desirable that she go as soon as possible," said Nekhludoff.
"Yes, yes, with the first steamer from Nijhni; I know," said Wolf, with his condescending smile, who always knew everything in advance, whatever the subject mentioned to him. "What is the name of the prisoner?"
"Maslova."
Wolf walked to the table and looked into the papers.
"That's right--Maslova. Very well; I will ask my associates. We will hear the case Wednesday."
"May I wire my lawyer?"
"So you have a lawyer? What for? But if you wish it, all right."
"The grounds of appeal may be insufficient," said Nekhludoff, "but I think it may be seen from the case that the sentence was the result of a misunderstanding."
"Yes, yes; that may be so, but the Senate cannot enter into the merits of the case," said Vladimir Vasilievitch, sternly, glancing at the ashes of his cigar. "The Senate only looks after the proper interpretation and application of the law."
"This, I think, is an exceptional case."
"I know; I know. All cases are exceptional. We will do what the law requires. That is all." The ashes were still intact, but had already cracked and were in danger of collapse. "And do you often visit St. Petersburg?" asked Wolf, holding the cigar so that the ashes would not fall. The ashes were unstable, however, and Wolf carefully carried them to the ash-holder, into which they were finally precipitated.
"What an awful catastrophe Kamensky met with," said Wolf. "A fine young man, and an only son. Especially the condition of the mother"--he went on repeating almost word for word the story of a duel of which all St. Petersburg was talking at the time. After a few more words about Countess Catherine Ivanovna and her passion for the new religious tendency which Vladimir Vasilievitch neither praised nor condemned, but which, for un homme très comme il faut, was evidently superfluous, he rang the bell.
Nekhludoff bowed himself out.
"If it is convenient for you, come to dinner," said Wolf, extending his hand, "say on Wednesday. I will then give you a definite answer."
It was already late, and Nekhludoff drove home, that is, to his aunt's.
CHAPTER XII.
Maslova's case was to be heard the following day, and Nekhludoff went to the Senate. He met Fanirin at the entrance to the magnificent Senate building, where several carriages were already waiting. Walking up the grand, solemn staircase to the second floor, the lawyer, who was familiar with all the passages, turned into a room to the left, on the door of which was carved the year of the institution of the Code. The lawyer removed his overcoat, remaining in his dress-coat and black tie on a white bosom, and with cheerful self-confidence walked into the next room. There were about fifteen spectators present, among whom were a young woman in a pince-nez, and a gray-haired lady. A gray-haired old man of patriarchal mien, wearing a box-coat and gray trousers, and attended by two men, attracted particular attention. He crossed the room and entered a wardrobe.
An usher, a handsome man with red cheeks and in a pompous uniform, approached Fanirin with a piece of paper in his hand and asked him in what case he appeared. Being told that in Maslova's case, the usher made a note of something and went away. At that time the door of the wardrobe opened and the patriarchal looking old man came forth, no longer in the coat, but in a brilliant uniform which made him resemble a bird. His uniform evidently embarrassed the old man, and he walked into the room opposite the entrance with quicker than his ordinary step.
Fanirin pointed him out to Nekhludoff as Bé, "a most honorable gentleman." The spectators, including Fanirin, went into the next room and seated themselves behind the grating on benches reserved for spectators. Only the St. Petersburg lawyer took a seat behind a desk on the other side of the grating.
The session room of the Senate was smaller than the room of the Circuit Court, was furnished in simpler style, only the table behin
d which the Senators sat was of crimson plush instead of green cloth, bordered with gold lace.
There were four Senators. The President, Nikitin, with a closely shaved, narrow face and steel-gray eyes; Wolf, with thin lips and small white hands, with which he was turning over the papers before him; then Skovorodnikoff, stout, massive and pock-marked, and a very learned jurist, and finally, Bé, the same partriarchal old man, who was the last to arrive. Immediately behind the Senators came the Chief Secretary and Associate Attorney General. He was a young man of medium height, shaved, lean, with a very dark face and black, sad eyes. Nekhludoff recognized him, notwithstanding his strange uniform and the fact that he had not seen him for about six years, as one of his best friends during his student life.
"Is the associate's name Selenin?" he asked the lawyer.
"Yes, why?"
"I know him very well; he is an excellent man----"
"And a good associate of the Attorney General--very sensible. It would have been well to see him," said Fanirin.
"At all events, he will follow the dictates of his conscience," said Nekhludoff, remembering his close relations with and friendship for Selenin, and the latter's charming qualities of purity, honesty and good breeding, in the best sense of the word.
The first case before the Senate was an appeal from the decision of the Circuit Court of Appeals affirming a judgment in favor of the publisher of a newspaper in a libel suit brought against him.
Nekhludoff listened and tried to understand the arguments in the case, but as in the Circuit Court, the chief difficulty in understanding what was going on was found in the fact that the discussion centered not on what appeared naturally to be the main point, but on side issues.
The libel consisted in an article accusing the president of a stock company of swindling. It seemed, then, that the main point to consider was, whether or not the president was guilty of swindling the stockholders, and what was to be done to stop his swindling. But this was never mentioned. The questions discussed were: Had the publisher the legal right to print the article of its reporter? What crime has he committed by printing it--defamation or libel? And does defamation include libel, or libel defamation? And a number of other things unintelligible to ordinary people, including various laws and decisions of some "General Department."
The only thing Nekhludoff did understand was that, though Wolf had sternly suggested but yesterday that the Senate could not consider the substance of a case, in the case at bar he argued with evident partiality in favor of reversing the judgment, and that Selenin, in spite of his characteristic reserve, argued in favor of affirming the judgment with unexpected fervor. The cause of Selenin's ardor lay in the fact that he knew the president of the stock company to be dishonest in money affairs, while he accidentally learned that Wolf, almost on the eve of the hearing of the case, had attended a sumptuous dinner at the president's house. And now, when Wolf, though with great caution, showed undoubted partiality, Selenin became excited and expressed his opinion with more nervousness than an ordinary case would justify. Wolf was evidently offended by the speech; he twitched nervously, changed color, made silent gestures of wonder, and with an haughty air of being offended he departed with the other Senators into the deliberation-room.
"What case are you interested in?" the usher again asked Fanirin, as soon as the Senators had left the room.
"I have already told you that I am here in behalf of Maslova."
"That is so. The case will be heard to-day. But----"
"What is that?" asked the lawyer.
"You see, the case was to be argued without counsel, so that the Senators would hardly consider it in open session. But--I will announce----" and he made a note on the piece of paper.
The Senators really intended, after announcing their decision in the libel case, to consider the other cases, including Maslova's, while drinking their tea and smoking cigarettes in the consultation-room.
CHAPTER XIII.
As soon as the Senators seated themselves at the table in the consultation-room, Wolf began to set forth in an animated manner the grounds upon which he thought the case ought to be reversed.
The President, always an ill-natured man, was in a particularly bad humor to-day. While listening to the case during the session he formed his opinion, and sat, absorbed in his thoughts, without listening to Wolf. These thoughts consisted in a recollection of what note he had made the other day in his memoirs anent the appointment of Velianoff to an important post which he desired for himself. The President, Nikitin, quite sincerely thought that the officials with whom his duties brought him in contact were worthy of a place in history. Having written an article the other day in which some of these officials were vehemently denounced for interfering with his plan to save Russia from ruin, as he put it, but in reality for interfering with his getting a larger salary than he was now getting, he was now thinking that posterity would give an entirely new interpretation to that incident.
"Why, certainly," he said to Wolf, who was addressing him, although he did not hear what Wolf said.
Bé listened to Wolf with a sad face, drawing garlands on a piece of paper which lay before him. Bé was a liberal of the deepest dye. He scarcely held to the traditions of the sixties, and if he ever deviated from strict impartiality, it was invariably in favor of liberality. Thus, in this case, besides the consideration that the complaining president of the stock company was an unclean man, Bé was in favor of affirming the judgment, also because this charge of libel against a journalist was a restriction on the freedom of the press. When Wolf had finished his argument, Bé, leaving the garland unfinished, in a sad--it was sad for him to be obliged to prove such truisms--soft, pleasant voice, convincingly proved in a few simple words that the charge had no foundation, and, again drooping his hoary head, continued to complete the garland.
Skovorodnikoff, who was sitting opposite Wolf, continually gathering with his thick fingers his beard and mustache into his mouth, as soon as Bé was through with his argument, stopped chewing his beard, and, in a loud, rasping voice, said that although the president of the stock company was a villain, he should favor a reversal if there were legal grounds to sustain it, but as there were none, he joined in the opinion of Ivan Semenovitch (Bé), and he invariably rejoiced at this shot aimed at Wolf. The President supported Skovorodnikoff's opinion, and the judgment was confirmed.
Wolf was dissatisfied, especially because by this judgment he seemed to stand convicted of arguing in bad faith; but, feigning indifference, he opened his papers in the next case, Maslova's, and began to peruse it attentively. The other Senators in the meantime called for tea, and began a talk about Kamensky's duel and his death, which was then the subject of conversation throughout the city.
The usher entered and announced the desire of the lawyer and Nekhludoff to be present at the hearing of the case.
"This case here," said Wolf, "is a whole romantic story," and he related what he knew of Nekhludoff's relations to Maslova.
After talking awhile of the story, smoking cigarettes and finishing their tea, the Senators returned to the session-room, announced their decision in the preceding case, and began to consider Maslova's case.
Wolf very circumstantially set forth Maslova's appeal from the sentence, and again not without partiality, but with the evident desire to reverse the judgment.
"Have you anything to add?" the President asked Fanirin.
Fanirin rose, and, projecting his broad, starched front, with remarkable precision of expression began to discuss the errors of the court below in the application of the law on the six points raised, and permitted himself, though briefly, to touch upon the merits of the case and the crying injustice of the decision. By the tone of his short but strong speech, he seemed to excuse himself, to insist that the honorable Senators with their power of penetration and judicial wisdom saw and understood better than he, but that he was speaking only because his duties demanded it. After Fanirin's speech there seemed to be no doubt left th
at the Senate had to reverse the judgment. When he was through, Fanirin smiled triumphantly. Looking at his lawyer and seeing that smile, Nekhludoff was convinced that the case was won. But as he looked at the Senators Nekhludoff saw that Fanirin alone was smiling and triumphant. The Senators and Associate Attorney General were neither smiling nor triumphant, but wore the air of people suffering from ennui and saying: "Oh, we know these cases! You are wasting your time." They were all evidently relieved only when the lawyer had finished, and they were no longer unnecessarily detained. After the speech the President turned to Selenin, who plainly, briefly and accurately expressed himself against a reversal. Then the Senators arose and went to consult.
The Senators were divided. Wolf favored a reversal. Bé, who thoroughly understood the case, warmly argued also in favor of a reversal, and in glowing terms pictured the court scene and the misunderstanding of the jury. Nikitin, who, as usual, stood for severity and for strict formality, was against it. The whole case, then, depended on Skovorodnikoff's vote. And his vote was thrown against a reversal, principally for the reason that Nekhludoff's determination to marry the girl on moral grounds was extremely repugnant to him.
