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

by Leo Tolstoy

  "What is your baptismal name?" asked the angry member.

  "Formerly I used to be called Katerina."

  "No, it cannot be," said Nekhludoff to himself; and yet he was now certain that this was she, that same girl, half ward, half servant to his aunts; that Katusha, with whom he had once been in love, really in love, but whom he had betrayed and then abandoned, and never again brought to mind, for the memory would have been too painful, would have convicted him too clearly, proving that he who was so proud of his integrity had treated this woman in a revolting, scandalous way.

  Yes, this was she. He now clearly saw in her face that strange, indescribable individuality which distinguishes every face from all others; something peculiar, all its own, not to be found anywhere else. In spite of the unhealthy pallor and the fulness of the face, it was there, this sweet, peculiar individuality; on those lips, in the slight squint of her eyes, in the voice, particularly in the naive smile, and in the expression of readiness on the face and figure.

  "You should have said so," remarked the president, again in a gentle tone. "Your patronymic?"

  "I am illegitimate."

  "Well, were you not called by your godfather's name?"

  "Yes, Mikhaelovna."

  "And what is it she can be guilty of?" continued Nekhludoff, in his mind, unable to breathe freely.

  "Your family name--your surname, I mean?" the president went on.

  "They used to call me by my mother's surname, Maslova."

  "What class?"

  "Meschanka." [the lowest town class or grade]

  "Religion--orthodox?"

  "Orthodox."

  "Occupation. What was your occupation?"

  Maslova remained silent.

  "What was your employment?"

  "You know yourself," she said, and smiled. Then, casting a hurried look round the room, again turned her eyes on the president.

  There was something so unusual in the expression of her face, so terrible and piteous in the meaning of the words she had uttered, in this smile, and in the furtive glance she had cast round the room, that the president was abashed, and for a few minutes silence reigned in the court. The silence was broken by some one among the public laughing, then somebody said "Ssh," and the president looked up and continued:

  "Have you ever been tried before?"

  "Never," answered Maslova, softly, and sighed.

  "Have you received a copy of the indictment?"

  "I have," she answered.

  "Sit down."

  The prisoner leant back to pick up her skirt in the way a fine lady picks up her train, and sat down, folding her small white hands in the sleeves of her cloak, her eyes fixed on the president. Her face was calm again.

  The witnesses were called, and some sent away; the doctor who was to act as expert was chosen and called into the court.

  Then the secretary got up and began reading the indictment. He read distinctly, though he pronounced the "I" and "r" alike, with a loud voice, but so quickly that the words ran into one another and formed one uninterrupted, dreary drone.

  The judges bent now on one, now on the other arm of their chairs, then on the table, then back again, shut and opened their eyes, and whispered to each other. One of the gendarmes several times repressed a yawn.

  The prisoner Kartinkin never stopped moving his cheeks. Botchkova sat quite still and straight, only now and then scratching her head under the kerchief.

  Maslova sat immovable, gazing at the reader; only now and then she gave a slight start, as if wishing to reply, blushed, sighed heavily, and changed the position of her hands, looked round, and again fixed her eyes on the reader.

  Nekhludoff sat in the front row on his high-backed chair, without removing his pince-nez, and looked at Maslova, while a complicated and fierce struggle was going on in his soul.

  CHAPTER X

  .

  THE TRIAL--THE INDICTMENT.

  The indictment ran as follows: On the 17th of January, 18--, in the lodging-house Mauritania, occurred the sudden death of the Second Guild merchant, Therapont Emilianovich Smelkoff, of Kourgan.

  The local police doctor of the fourth district certified that death was due to rupture of the heart, owing to the excessive use of alcoholic liquids. The body of the said Smelkoff was interred. After several days had elapsed, the merchant Timokhin, a fellow-townsman and companion of the said Smelkoff, returned from St. Petersburg, and hearing the circumstances that accompanied the death of the latter, notified his suspicions that the death was caused by poison, given with intent to rob the said Smelkoff of his money. This suspicion was corroborated on inquiry, which proved:

  1. That shortly before his death the said Smelkoff had received the sum of 3,800 roubles from the bank. When an inventory of the property of the deceased was made, only 312 roubles and 16 copecks were found.

  2. The whole day and night preceding his death the said Smelkoff spent with Lubka (alias Katerina Maslova) at her home and in the lodging-house Mauritania, which she also visited at the said Smelkoff's request during his absence, to get some money, which she took out of his portmanteau in the presence of the servants of the lodging-house Mauritania, Euphemia Botchkova and Simeon Kartinkin, with a key given her by the said Smelkoff. In the portmanteau opened by the said Maslova, the said Botchkova and Kartinkin saw packets of 100-rouble bank-notes.

  3. On the said Smelkoff's return to the lodging-house Mauritania, together with Lubka, the latter, in accordance with the attendant Kartinkin's advice, gave the said Smelkoff some white powder given to her by the said Kartinkin, dissolved in brandy.

  4. The next morning the said Lubka (alias Katerina Maslova) sold to her mistress, the witness Kitaeva, a brothel-keeper, a diamond ring given to her, as she alleged, by the said Smelkoff.

  5. The housemaid of the lodging-house Mauritania, Euphemia Botchkova, placed to her account in the local Commercial Bank 1,800 roubles. The postmortem examination of the body of the said Smelkoff and the chemical analysis of his intestines proved beyond doubt the presence of poison in the organism, so that there is reason to believe that the said Smelkoff's death was caused by poisoning.

  When cross-examined, the accused, Maslova, Botchkova, and Kartinkin, pleaded not guilty, deposing--Maslova, that she had really been sent by Smelkoff from the brothel, where she "works," as she expresses it, to the lodging-house Mauritania to get the merchant some money, and that, having unlocked the portmanteau with a key given her by the merchant, she took out 40 roubles, as she was told to do, and that she had taken nothing more; that Botchkova and Kartinkin, in whose presence she unlocked and locked the portmanteau, could testify to the truth of the statement.

  She gave this further evidence--that when she came to the lodging-house for the second time she did, at the instigation of Simeon Kartinkin, give Smelkoff sonic kind of powder, which she thought was a narcotic, in a glass of brandy, hoping he would fall asleep and that she would be able to get away from him; and that Smelkoff, having beaten her, himself gave her the ring when she cried and threatened to go away.

  The accused, Euphemia Botchkova, stated that she knew nothing about the missing money, that she had not even gone into Smelkoff's room, but that Lubka had been busy there all by herself; that if anything had been stolen, it must have been done by Lubka when she came with the merchant's key to get his money.

  At this point Maslova gave a start, opened her mouth, and looked at Botchkova. "When," continued the secretary, "the receipt for 1,800 roubles from the bank was shown to Botchkova, and she was asked where she had obtained the money, she said that it was her own earnings for 12 years, and those of Simeon, whom she was going to marry. The accused Simeon Kartinkin, when first examined, confessed that he and Botchkova, at the instigation of Maslova, who had come with the key from the brothel, had stolen the money and divided it equally among themselves and Maslova." Here Maslova again started, half-rose from her seat, and, blushing scarlet, began to say something, but was stopped by the usher. "At last," the secre
tary continued, reading, "Kartinkin confessed also that he had supplied the powders in order to get Smelkoff to sleep. When examined the second time he denied having had anything to do with the stealing of the money or giving Maslova the powders, accusing her of having done it alone."

  Concerning the money placed in the bank by Botchkova, he said the same as she, that is, that the money was given to them both by the lodgers in tips during 12 years' service.

  The indictment concluded as follows:

  In consequence of the foregoing, the peasant of the village Borki, Simeon Kartinkin, 33 years of age, the meschanka Euphemia Botchkova, 43 years of age, and the meschanka Katerina Maslova, 27 years of age, are accused of having on the 17th day of January, 188--, jointly stolen from the said merchant, Smelkoff, a ring and money, to the value of 2,500 roubles, and of having given the said merchant, Smelkoff, poison to drink, with intent of depriving him of life, and thereby causing his death. This crime is provided for in clause 1,455 of the Penal Code, paragraphs 4 and 5.

  CHAPTER XI

  .

  THE TRIAL--MASLOVA CROSS-EXAMINED.

  When the reading of the indictment was over, the president, after having consulted the members, turned to Kartinkin, with an expression that plainly said: Now we shall find out the whole truth down to the minutest detail.

  "Peasant Simeon Kartinkin," he said, stooping to the left.

  Simeon Kartinkin got up, stretched his arms down his sides, and leaning forward with his whole body, continued moving his cheeks inaudibly.

  "You are accused of having on the 17th January, 188--, together with Euphemia Botchkova and Katerina Maslova, stolen money from a portmanteau belonging to the merchant Smelkoff, and then, having procured some arsenic, persuaded Katerina Maslova to give it to the merchant Smelkoff in a glass of brandy, which was the cause of Smelkoff's death. Do you plead guilty?" said the president, stooping to the right.

  "Not nohow, because our business is to attend on the lodgers, and--"

  "You'll tell us that afterwards. Do you plead guilty?"

  "Oh, no, sir. I only,--"

  "You'll tell us that afterwards. Do you plead guilty?" quietly and firmly asked the president.

  "Can't do such a thing, because that--"

  The usher again rushed up to Simeon Kartinkin, and stopped him in a tragic whisper.

  The president moved the hand with which he held the paper and placed the elbow in a different position with an air that said: "This is finished," and turned to Euphemia Botchkova.

  "Euphemia Botchkova, you are accused of having, on the 17th of January, 188-, in the lodging-house Mauritania, together with Simeon Kartinkin and Katerina Maslova, stolen some money and a ring out of the merchant Smelkoff's portmanteau, and having shared the money among yourselves, given poison to the merchant Smelkoff, thereby causing his death. Do you plead guilty?"

  "I am not guilty of anything," boldly and firmly replied the prisoner. "I never went near the room, but when this baggage went in she did the whole business."

  "You will say all this afterwards," the president again said, quietly and firmly. "So you do not plead guilty?"

  "I did not take the money nor give the drink, nor go into the room. Had I gone in I should have kicked her out."

  "So you do not plead guilty?"

  "Never."

  "Very well."

  "Katerina Maslova," the president began, turning to the third prisoner, "you are accused of having come from the brothel with the key of the merchant Smelkoff's portmanteau, money, and a ring." He said all this like a lesson learned by heart, leaning towards the member on his left, who was whispering into his car that a bottle mentioned in the list of the material evidence was missing. "Of having stolen out of the portmanteau money and a ring," he repeated, "and shared it. Then, returning to the lodging house Mauritania with Smelkoff, of giving him poison in his drink, and thereby causing his death. Do you plead guilty?"

  "I am not guilty of anything," she began rapidly. "As I said before I say again, I did not take it--I did not take it; I did not take anything, and the ring he gave me himself."

  "You do not plead guilty of having stolen 2,500 roubles?" asked the president.

  "I've said I took nothing but the 40 roubles."

  "Well, and do you plead guilty of having given the merchant Smelkoff a powder in his drink?"

  "Yes, that I did. Only I believed what they told me, that they were sleeping powders, and that no harm could come of them. I never thought, and never wished. . . God is my witness; I say, I never meant this," she said.

  "So you do not plead guilty of having stolen the money and the ring from the merchant Smelkoff, but confess that you gave him the powder?" said the president.

  "Well, yes, I do confess this, but I thought they were sleeping powders. I only gave them to make him sleep; I never meant and never thought of worse."

  "Very well," said the president, evidently satisfied with the results gained. "Now tell us how it all happened," and he leaned back in his chair and put his folded hands on the table. "Tell us all about it. A free and full confession will be to your advantage."

  Maslova continued to look at the president in silence, and blushing.

  "Tell us how it happened."

  "How it happened?" Maslova suddenly began, speaking quickly. "I came to the lodging-house, and was shown into the room. He was there, already very drunk." She pronounced the word he with a look of horror in her wide-open eyes. "I wished to go away, but he would not let me." She stopped, as if having lost the thread, or remembered some thing else.

  "Well, and then?"

  "Well, what then? I remained a bit, and went home again."

  At this moment the public prosecutor raised himself a little, leaning on one elbow in an awkward manner.

  "You would like to put a question?" said the president, and having received an answer in the affirmative, he made a gesture inviting the public prosecutor to speak.

  "I want to ask, was the prisoner previously acquainted with Simeon Kartinkin?" said the public prosecutor, without looking at Maslova, and, having put the question, he compressed his lips and frowned.

  The president repeated the question. Maslova stared at the public prosecutor, with a frightened look.

  "With Simeon? Yes," she said.

  "I should like to know what the prisoner's acquaintance with Kartinkin consisted in. Did they meet often?"

  "Consisted in? . . . He invited me for the lodgers; it was not an acquaintance at all," answered Maslova, anxiously moving her eyes from the president to the public prosecutor and back to the president.

  "I should like to know why Kartinkin invited only Maslova, and none of the other girls, for the lodgers?" said the public prosecutor, with half-closed eyes and a cunning, Mephistophelian smile.

  "I don't know. How should I know?" said Maslova, casting a frightened look round, and fixing her eyes for a moment on Nekhludoff. "He asked whom he liked."

  "Is it possible that she has recognised me?" thought Nekhludoff, and the blood rushed to his face. But Maslova turned away without distinguishing him from the others, and again fixed her eyes anxiously on the public prosecutor.

  "So the prisoner denies having had any intimate relations with Kartinkin? Very well, I have no more questions to ask."

  And the public prosecutor took his elbow off the desk, and began writing something. He was not really noting anything down, but only going over the letters of his notes with a pen, having seen the procureur and leading advocates, after putting a clever question, make a note, with which, later on, to annihilate their adversaries.

  The president did not continue at once, because he was consulting the member with the spectacles, whether he was agreed that the questions (which had all been prepared be forehand and written out) should be put.

  "Well! What happened next?" he then went on.

  "I came home," looking a little more boldly only at the president, "and went to bed. Hardly had I fallen asleep when one of our girls, Bertha, woke
me. 'Go, your merchant has come again!' He"--she again uttered the word he with evident horror-- "he kept treating our girls, and then wanted to send for more wine, but his money was all gone, and he sent me to his lodgings and told me where the money was, and how much to take. So I went."

  The president was whispering to the member on his left, but, in order to appear as if he had heard, he repeated her last words.

  "So you went. Well, what next?"

  "I went, and did all he told me; went into his room. I did not go alone, but called Simeon Kartinkin and her," she said, pointing to Botchkova.

  "That's a lie; I never went in," Botchkova began, but was stopped.