by Leo Tolstoy
CHAPTER XIX
.
THE TRIAL--RESUMPTION.
In this state of mind Nekhludoff left the Court and went into the jurymen's room. He sat by the window smoking all the while, and hearing what was being said around him.
The merry merchant seemed with all his heart to sympathise with Smelkoff's way of spending his time. "There, old fellow, that was something like! Real Siberian fashion! He knew what he was about, no fear! That's the sort of wench for me."
The foreman was stating his conviction, that in some way or other the expert's conclusions were the important thing. Peter Gerasimovitch was joking about something with the Jewish clerk, and they burst out laughing. Nekhludoff answered all the questions addressed to him in monosyllables and longed only to be left in peace.
When the usher, with his sideways gait, called the jury back to the Court, Nekhludoff was seized with fear, as if he were not going to judge, but to be judged. In the depth of his soul he felt that he was a scoundrel, who ought to be ashamed to look people in the face, yet, by sheer force of habit, he stepped on to the platform in his usual self-possessed manner, and sat down, crossing his legs and playing with his pince-nez.
The prisoners had also been led out, and were now brought in again. There were some new faces in the Court witnesses, and Nekhludoff noticed that Maslova could not take her eyes off a very fat woman who sat in the row in front of the grating, very showily dressed in silk and velvet, a high hat with a large bow on her head, and an elegant little reticule on her arm, which was bare to the elbow. This was, as he subsequently found out, one of the witnesses, the mistress of the establishment to which Maslova had belonged.
The examination of the witnesses commenced: they were asked their names, religion, etc. Then, after some consultation as to whether the witnesses were to be sworn in or not, the old priest came in again, dragging his legs with difficulty, and, again arranging the golden cross on his breast, swore the witnesses and the expert in the same quiet manner, and with the same assurance that he was doing something useful and important.
The witnesses having been sworn, all but Kitaeva, the keeper of the house, were led out again. She was asked what she knew about this affair. Kitaeva nodded her head and the big hat at every sentence and smiled affectedly. She gave a very full and intelligent account, speaking with a strong German accent. First of all, the hotel servant Simeon, whom she knew, came to her establishment on behalf of a rich Siberian merchant, and she sent Lubov back with him. After a time Lubov returned with the merchant. The merchant was already somewhat intoxicated--she smiled as she said this--and went on drinking and treating the girls. He was short of money. He sent this same Lubov to his lodgings. He had taken a "predilection" to her. She looked at the prisoner as she said this.
Nekhludoff thought he saw Maslova smile here, and this seemed disgusting to him. A strange, indefinite feeling of loathing, mingled with suffering, arose in him.
"And what was your opinion of Maslova?" asked the blushing and confused applicant for a judicial post, appointed to act as Maslova's advocate.
"Zee ferry pesht," answered Kitaeva. "Zee yoong voman is etucated and elecant. She was prought up in a coot family and can reat French. She tid have a trop too moch sometimes, put nefer forcot herself. A ferry coot girl."
Katusha looked at the woman, then suddenly turned her eyes on the jury and fixed them on Nekhludoff, and her face grew serious and even severe. One of her serious eyes squinted, and those two strange eyes for some time gazed at Nekhludoff, who, in spite of the terrors that seized him, could not take his look off these squinting eyes, with their bright, clear whites.
He thought of that dreadful night, with its mist, the ice breaking on the river below, and when the waning moon, with horns turned upwards, that had risen towards morning, lit up something black and weird. These two black eyes now looking at him reminded him of this weird, black something. "She has recognised me," he thought, and Nekhludoff shrank as if expecting a blow. But she had not recognised him. She sighed quietly and again looked at the president. Nekhludoff also sighed. "Oh, if it would only get on quicker," he thought.
He now felt the same loathing and pity and vexation as when, out shooting, he was obliged to kill a wounded bird. The wounded bird struggles in the game bag. One is disgusted and yet feels pity, and one is in a hurry to kill the bird and forget it.
Such mixed feelings filled Nekhludoff's breast as he sat listening to the examination of the witnesses.
CHAPTER XX
.
THE TRIAL--THE MEDICAL REPORT.
But, as if to spite him, the case dragged out to a great length. After each witness had been examined separately and the expert last of all, and a great number of useless questions had been put, with the usual air of importance, by the public prosecutor and by both advocates, the president invited the jury to examine the objects offered as material evidence. They consisted of an enormous diamond ring, which had evidently been worn on the first finger, and a test tube in which the poison had been analysed. These things had seals and labels attached to them.
Just as the witnesses were about to look at these things, the public prosecutor rose and demanded that before they did this the results of the doctor's examination of the body should be read. The president, who was hurrying the business through as fast as he could in order to visit his Swiss friend, though he knew that the reading of this paper could have no other effect than that of producing weariness and putting off the dinner hour, and that the public prosecutor wanted it read simply because he knew he had a right to demand it, had no option but to express his consent.
The secretary got out the doctor's report and again began to read in his weary lisping voice, making no distinction between the "r's" and "l's."
The external examination proved that:
"1. Theropont Smelkoff's height was six feet five inches.
"Not so bad, that. A very good size," whispered the merchant, with interest, into Nekhludoff's ear.
2. He looked about 40 years of age.
3. The body was of a swollen appearance.
4. The flesh was of a greenish colour, with dark spots in several places.
5. The skin was raised in blisters of different sizes and in places had come off in large pieces.
6. The hair was chestnut; it was thick, and separated easily from the skin when touched.
7. The eye-balls protruded from their sockets and the cornea had grown dim.
8. Out of the nostrils, both ears, and the mouth oozed serous liquid; the mouth was half open.
9. The neck had almost disappeared, owing to the swelling of the face and chest."
And so on and so on.
Four pages were covered with the 27 paragraphs describing all the details of the external examination of the enormous, fat, swollen, and decomposing body of the merchant who had been making merry in the town. The indefinite loathing that Nekhludoff felt was increased by the description of the corpse. Katusha's life, and the scrum oozing from the nostrils of the corpse, and the eyes that protruded out of their sockets, and his own treatment of her--all seemed to belong to the same order of things, and he felt surrounded and wholly absorbed by things of the same nature.
When the reading of the report of the external examination was ended, the president heaved a sigh and raised his hand, hoping it was finished; but the secretary at once went on to the description of the internal examination. The president's head again dropped into his hand and he shut his eyes. The merchant next to Nekhludoff could hardly keep awake, and now and then his body swayed to and fro. The prisoners and the gendarmes sat perfectly quiet.
The internal examination showed that:
"1. The skin was easily detachable from the bones of the skull, and there was no coagulated blood.
"2. The bones of the skull were of average thickness and in sound condition.
"3. On the membrane of the brain there were two discoloured spots about four inches long, the membrane itself being of a dul
l white." And so on for 13 paragraphs more. Then followed the names and signatures of the assistants, and the doctor's conclusion showing that the changes observed in the stomach, and to a lesser degree in the bowels and kidneys, at the postmortem examination, and described in the official report, gave great probability to the conclusion that Smelkoff's death was caused by poison which had entered his stomach mixed with alcohol. To decide from the state of the stomach what poison had been introduced was difficult; but it was necessary to suppose that the poison entered the stomach mixed with alcohol, since a great quantity of the latter was found in Smelkoff's stomach.
"He could drink, and no mistake," again whispered the merchant, who had just waked up.
The reading of this report had taken a full hour, but it had not satisfied the public prosecutor, for, when it had been read through and the president turned to him, saying, "I suppose it is superfluous to read the report of the examination of the internal organs?" he answered in a severe tone, without looking at the president, "I shall ask to have it read."
He raised himself a little, and showed by his manner that he had a right to have this report read, and would claim this right, and that if that were not granted it would serve as a cause of appeal.
The member of the Court with the big beard, who suffered from catarrh of the stomach, feeling quite done up, turned to the president:
"What is the use of reading all this? It is only dragging it out. These new brooms do not sweep clean; they only take a long while doing it."
The member with the gold spectacles said nothing, but only looked gloomily in front of him, expecting nothing good, either from his wife or life in general. The reading of the report commenced.
"In the year 188-, on February 15th, I, the undersigned, commissioned by the medical department, made an examination, No. 638," the secretary began again with firmness and raising the pitch of his voice as if to dispel the sleepiness that had overtaken all present, "in the presence of the assistant medical inspector, of the internal organs:
"1. The right lung and the heart (contained in a 6-lb. glass jar).
"2. The contents of the stomach (in a 6-lb. glass jar).
"3. The stomach itself (in a 6-lb. glass jar).
"4. The liver, the spleen and the kidneys (in a 9-lb. glass jar).
5. The intestines (in a 9-lb. earthenware jar)."
The president here whispered to one of the members, then stooped to the other, and having received their consent, he said: "The Court considers the reading of this report superfluous." The secretary stopped reading and folded the paper, and the public prosecutor angrily began to write down something. "The gentlemen of the jury may now examine the articles of material evidence," said the president. The foreman and several of the others rose and went to the table, not quite knowing what to do with their hands. They looked in turn at the glass, the test tube, and the ring. The merchant even tried on the ring.
"Ah! that was a finger," he said, returning to his place; "like a cucumber," he added. Evidently the image he had formed in his mind of the gigantic merchant amused him.
CHAPTER XXI
.
THE TRIAL--THE PROSECUTOR AND THE ADVOCATES.
When the examination of the articles of material evidence was finished, the president announced that the investigation was now concluded and immediately called on the prosecutor to proceed, hoping that as the latter was also a man, he, too, might feel inclined to smoke or dine, and show some mercy on the rest. But the public prosecutor showed mercy neither to himself nor to any one else. He was very stupid by nature, but, besides this, he had had the misfortune of finishing school with a gold medal and of receiving a reward for his essay on "Servitude" when studying Roman Law at the University, and was therefore self-confident and self-satisfied in the highest degree (his success with the ladies also conducing to this) and his stupidity had become extraordinary.
When the word was given to him, he got up slowly, showing the whole of his graceful figure in his embroidered uniform. Putting his hand on the desk he looked round the room, slightly bowing his head, and, avoiding the eyes of the prisoners, began to read the speech he had prepared while the reports were being read.
"Gentlemen of the jury! The business that now lies before you is, if I may so express myself, very characteristic."
The speech of a public prosecutor, according to his views, should always have a social importance, like the celebrated speeches made by the advocates who have become distinguished. True, the audience consisted of three women--a semptress, a cook, and Simeon's sister--and a coachman; but this did not matter. The celebrities had begun in the same way. To be always at the height of his position, i.e., to penetrate into the depths of the psychological significance of crime and to discover the wounds of society, was one of the prosecutor's principles.
"You see before you, gentlemen of the jury, a crime characteristic, if I may so express myself, of the end of our century; bearing, so to say, the specific features of that very painful phenomenon, the corruption to which those elements of our present-day society, which are, so to say, particularly exposed to the burning rays of this process, are subject."
The public prosecutor spoke at great length, trying not to forget any of the notions he had formed in his mind, and, on the other hand, never to hesitate, and let his speech flow on for an hour and a quarter without a break.
Only once he stopped and for some time stood swallowing his saliva, but he soon mastered himself and made up for the interruption by heightened eloquence. He spoke, now with a tender, insinuating accent, stepping from foot to foot and looking at the jury, now in quiet, business-like tones, glancing into his notebook, then with a loud, accusing voice, looking from the audience to the advocates. But he avoided looking at the prisoners, who were all three fixedly gazing at him. Every new craze then in vogue among his set was alluded to in his speech; everything that then was, and some things that still are, considered to be the last words of scientific wisdom: the laws of heredity and inborn criminality, evolution and the struggle for existence, hypnotism and hypnotic influence.
According to his definition, the merchant Smelkoff was of the genuine Russian type, and had perished in consequence of his generous, trusting nature, having fallen into the hands of deeply degraded individuals.
Simeon Kartinkin was the atavistic production of serfdom, a stupefied, ignorant, unprincipled man, who had not even any religion. Euphemia was his mistress, and a victim of heredity; all the signs of degeneration were noticeable in her. The chief wire-puller in this affair was Maslova, presenting the phenomenon of decadence in its lowest form. "This woman," he said, looking at her, "has, as we have to-day heard from her mistress in this court, received an education; she cannot only read and write, but she knows French; she is illegitimate, and probably carries in her the germs of criminality. She was educated in an enlightened, noble family and might have lived by honest work, but she deserts her benefactress, gives herself up to a life of shame in which she is distinguished from her companions by her education, and chiefly, gentlemen of the jury, as you have heard from her mistress, by her power of acting on the visitors by means of that mysterious capacity lately investigated by science, especially by the school of Charcot, known by the name of hypnotic influence. By these means she gets hold of this Russian, this kind-hearted Sadko, [Sadko, the hero of a legend] the rich guest, and uses his trust in order first to rob and then pitilessly to murder him."
"Well, he is piling it on now, isn't he?" said the president with a smile, bending towards the serious member.
"A fearful blockhead!" said the serious member.
Meanwhile the public prosecutor went on with his speech. "Gentlemen of the jury," gracefully swaying his body, "the fate of society is to a certain extent in your power. Your verdict will influence it. Grasp the full meaning of this crime, the danger that awaits society from those whom I may perhaps be permitted to call pathological individuals, such as Maslova. Guard it from infection; guard the innocen
t and strong elements of society from contagion or even destruction."
