by Leo Tolstoy
"I never meant to get out of it," replied Nekhludoff, gloomily, and in a tone of severity.
"Well, I call this being public spirited. But just wait until you get hungry or sleepy; you'll sing to another tune then."
"This son of a priest will be saying 'thou' [in Russian, as in many other languages, "thou" is used generally among people very familiar with each other, or by superiors to inferiors] to me next," thought Nekhludoff, and walked away, with such a look of sadness on his face, as might have been natural if he had just heard of the death of all his relations. He came up to a group that had formed itself round a clean-shaven, tall, dignified man, who was recounting something with great animation. This man was talking about the trial going on in the Civil Court as of a case well known to himself, mentioning the judges and a celebrated advocate by name. He was saying that it seemed wonderful how the celebrated advocate had managed to give such a clever turn to the affair that an old lady, though she had the right on her side, would have to pay a large sum to her opponent. "The advocate is a genius," he said.
The listeners heard it all with respectful attention, and several of them tried to put in a word, but the man interrupted them, as if he alone knew all about it.
Though Nekhludoff had arrived late, he had to wait a long time. One of the members of the Court had not yet come, and everybody was kept waiting.
CHAPTER VI.
THE JUDGES.
The president, who had to take the chair, had arrived early. The president was a tall, stout man, with long grey whiskers. Though married, he led a very loose life, and his wife did the same, so they did not stand in each other's way. This morning he had received a note from a Swiss girl, who had formerly been a governess in his house, and who was now on her way from South Russia to St. Petersburg. She wrote that she would wait for him between five and six p.m. in the Hotel Italia. This made him wish to begin and get through the sitting as soon as possible, so as to have time to call before six p.m. on the little red-haired Clara Vasilievna, with whom he had begun a romance in the country last summer. He went into a private room, latched the door, took a pair of dumb-bells out of a cupboard, moved his arms 20 times upwards, downwards, forwards, and sideways, then holding the dumb-bells above his head, lightly bent his knees three times.
"Nothing keeps one going like a cold bath and exercise," he said, feeling the biceps of his right arm with his left hand, on the third finger of which he wore a gold ring. He had still to do the moulinee movement (for he always went through those two exercises before a long sitting), when there was a pull at the door. The president quickly put away the dumb-bells and opened the door, saying, "I beg your pardon."
One of the members, a high-shouldered, discontented-looking man, with gold spectacles, came into the room. "Matthew Nikitich has again not come," he said, in a dissatisfied tone.
"Not yet?" said the president, putting on his uniform. "He is always late."
"It is extraordinary. He ought to be ashamed of himself," said the member, angrily, and taking out a cigarette.
This member, a very precise man, had had an unpleasant encounter with his wife in the morning, because she had spent her allowance before the end of the month, and had asked him to give her some money in advance, but he would not give way to her, and they had a quarrel. The wife told him that if he were going to behave so, he need not expect any dinner; there would be no dinner for him at home. At this point he left, fearing that she might carry out her threat, for anything might be expected from her. "This comes of living a good, moral life," he thought, looking at the beaming, healthy, cheerful, and kindly president, who, with elbows far apart, was smoothing his thick grey whiskers with his fine white hands over the embroidered collar of his uniform. "He is always contented and merry while I am suffering."
The secretary came in and brought some document.
"Thanks, very much," said the president, lighting a cigarette.
"Which case shall we take first, then?"
"The poisoning case, I should say," answered the secretary, with indifference.
"All right; the poisoning case let it be," said the president, thinking that he could get this case over by four o'clock, and then go away. "And Matthew Nikitich; has he come?"
"Not yet."
"And Breve?"
"He is here," replied the secretary.
"Then if you see him, please tell him that we begin with the poisoning case." Breve was the public prosecutor, who was to read the indictment in this case.
In the corridor the secretary met Breve, who, with up lifted shoulders, a portfolio under one arm, the other swinging with the palm turned to the front, was hurrying along the corridor, clattering with his heels.
"Michael Petrovitch wants to know if you are ready?" the secretary asked.
"Of course; I am always ready," said the public prosecutor. "What are we taking first?"
"The poisoning case."
"That's quite right," said the public prosecutor, but did not think it at all right. He had spent the night in a hotel playing cards with a friend who was giving a farewell party. Up to five in the morning they played and drank, so he had no time to look at this poisoning case, and meant to run it through now. The secretary, happening to know this, advised the president to begin with the poisoning case. The secretary was a Liberal, even a Radical, in opinion.
Breve was a Conservative; the secretary disliked him, and envied him his position.
"Well, and how about the Skoptzy?" [a religious sect] asked the secretary.
"I have already said that I cannot do it without witnesses, and so I shall say to the Court."
"Dear me, what does it matter?"
"I cannot do it," said Breve; and, waving his arm, he ran into his private room.
He was putting off the case of the Skoptzy on account of the absence of a very unimportant witness, his real reason being that if they were tried by an educated jury they might possibly be acquitted.
By an agreement with the president this case was to be tried in the coming session at a provincial town, where there would be more peasants, and, therefore, more chances of conviction.
The movement in the corridor increased. The people crowded most at the doors of the Civil Court, in which the case that the dignified man talked about was being heard.
An interval in the proceeding occurred, and the old woman came out of the court, whose property that genius of an advocate had found means of getting for his client, a person versed in law who had no right to it whatever. The judges knew all about the case, and the advocate and his client knew it better still, but the move they had invented was such that it was impossible not to take the old woman's property and not to hand it over to the person versed in law.
The old woman was stout, well dressed, and had enormous flowers on her bonnet; she stopped as she came out of the door, and spreading out her short fat arms and turning to her advocate, she kept repeating. "What does it all mean? just fancy!"
The advocate was looking at the flowers in her bonnet, and evidently not listening to her, but considering some question or other.
Next to the old woman, out of the door of the Civil Court, his broad, starched shirt front glistening from under his low-cut waistcoat, with a self-satisfied look on his face, came the celebrated advocate who had managed to arrange matters so that the old woman lost all she had, and the person versed in the law received more than 100,000 roubles. The advocate passed close to the old woman, and, feeling all eyes directed towards him, his whole bearing seemed to say: "No expressions of deference are required."
CHAPTER VII.
THE OFFICIALS OF THE COURT.
At last Matthew Nikitich also arrived, and the usher, a thin man, with a long neck and a kind of sideways walk, his nether lip protruding to one side, which made him resemble a turkey, came into the jurymen's room.
This usher was an honest man, and had a university education, but could not keep a place for any length of time, as he was subject to fits of drunkenness.
Three months before a certain countess, who patronised his wife, had found him this place, and he was very pleased to have kept it so long.
"Well, sirs, is everybody here?" he asked, putting his pince-nez on his nose, and looking round.
"Everybody, I think," said the jolly merchant.
"All right; we'll soon see." And, taking a list from his pocket, he began calling out the names, looking at the men, sometimes through and sometimes over his pince-nez.
"Councillor of State, [grades such as this are common in Russia, and mean very little] J. M. Nikiforoff!"
"I am he," said the dignified-looking man, well versed in the habits of the law court.
"Ivan Semionovitch Ivanoff, retired colonel!"
"Here!" replied a thin man, in the uniform of a retired officer.
"Merchant of the Second Guild, Peter Baklasheff!"
"Here we are, ready!" said the good-humoured merchant, with a broad smile.
"Lieutenant of the Guards, Prince Dmitri Nekhludoff!"
"I am he," answered Nekhludoff.
The usher bowed to him, looking over his pince-nez, politely and pleasantly, as if wishing to distinguish him from the others.
"Captain Youri Demitrievitch-Dantchenko, merchant; Grigori
Euphimitch Kouleshoff," etc. All but two were present.
"Now please to come to the court, gentlemen," said the usher, pointing to the door, with an amiable wave of his hand.
All moved towards the door, pausing to let each other pass. Then they went through the corridor into the court.
The court was a large, long room. At one end there was a raised platform, with three steps leading up to it, on which stood a table, covered with a green cloth trimmed with a fringe of a darker shade. At the table were placed three arm-chairs, with high-carved oak backs; on the wall behind them hung a full-length, brightly-coloured portrait of the Emperor in uniform and ribbon, with one foot in advance, and holding a sword. In the right corner hung a case, with an image of Christ crowned with thorns, and beneath it stood a lectern, and on the same side the prosecuting attorney's desk. On the left, opposite the desk, was the secretary's table, and in front of it, nearer the public, an oak grating, with the prisoners' bench, as yet unoccupied, behind it. Besides all this, there were on the right side of the platform high-backed ashwood chairs for the jury, and on the floor below tables for the advocates. All this was in the front part of the court, divided from the back by a grating.
The back was all taken up by seats in tiers. Sitting on the front seats were four women, either servant or factory girls, and two working men, evidently overawed by the grandeur of the room, and not venturing to speak above a whisper.
Soon after the jury had come in the usher entered, with his sideward gait, and stepping to the front, called out in a loud voice, as if he meant to frighten those present, "The Court is coming!" Every one got up as the members stepped on to the platform. Among them the president, with his muscles and fine whiskers. Next came the gloomy member of the Court, who was now more gloomy than ever, having met his brother-in-law, who informed him that he had just called in to see his sister (the member's wife), and that she had told him that there would be no dinner there.
"So that, evidently, we shall have to call in at a cook shop," the brother-in-law added, laughing.
"It is not at all funny," said the gloomy member, and became gloomier still.
Then at last came the third member of the Court, the same Matthew Nikitich, who was always late. He was a bearded man, with large, round, kindly eyes. He was suffering from a catarrh of the stomach, and, according to his doctor's advice, he had begun trying a new treatment, and this had kept him at home longer than usual. Now, as he was ascending the platform, he had a pensive air. He was in the habit of making guesses in answer to all sorts of self-put questions by different curious means. Just now he had asked whether the new treatment would be beneficial, and had decided that it would cure his catarrh if the number of steps from the door to his chair would divide by three. He made 26 steps, but managed to get in a 27th just by his chair.
The figures of the president and the members in their uniforms, with gold-embroidered collars, looked very imposing. They seemed to feel this themselves, and, as if overpowered by their own grandeur, hurriedly sat down on the high backed chairs behind the table with the green cloth, on which were a triangular article with an eagle at the top, two glass vases--something like those in which sweetmeats are kept in refreshment rooms--an inkstand, pens, clean paper, and good, newly-cut pencils of different kinds.
The public prosecutor came in with the judges. With his portfolio under one arm, and swinging the other, he hurriedly walked to his seat near the window, and was instantly absorbed in reading and looking through the papers, not wasting a single moment, in hope of being ready when the business commenced. He had been public prosecutor but a short time, and had only prosecuted four times before this. He was very ambitious, and had firmly made up his mind to get on, and therefore thought it necessary to get a conviction whenever he prosecuted. He knew the chief facts of the poisoning case, and had already formed a plan of action. He only wanted to copy out a few points which he required.
The secretary sat on the opposite side of the platform, and, having got ready all the papers he might want, was looking through an article, prohibited by the censor, which he had procured and read the day before. He was anxious to have a talk about this article with the bearded member, who shared his views, but wanted to look through it once more before doing so.
CHAPTER VIII.
SWEARING IN THE JURY.
The president, having looked through some papers and put a few questions to the usher and the secretary, gave the order for the prisoners to be brought in.
The door behind the grating was instantly opened, and two gendarmes, with caps on their heads, and holding naked swords in their hands, came in, followed by the prisoners, a red-haired, freckled man, and two women. The man wore a prison cloak, which was too long and too wide for him. He stuck out his thumbs, and held his arms close to his sides, thus keeping the sleeves, which were also too long, from slipping over his hands. Without looking at the judges he gazed steadfastly at the form, and passing to the other side of it, he sat down carefully at the very edge, leaving plenty of room for the others. He fixed his eyes on the president, and began moving the muscles of his cheeks, as if whispering something. The woman who came next was also dressed in a prison cloak, and had a prison kerchief round her head. She had a sallow complexion, no eyebrows or lashes, and very red eyes. This woman appeared perfectly calm. Having caught her cloak against something, she detached it carefully, without any haste, and sat down.
The third prisoner was Maslova.
As soon as she appeared, the eyes of all the men in the court turned her way, and remained fixed on her white face, her sparklingly-brilliant black eyes and the swelling bosom under the prison cloak. Even the gendarme whom she passed on her way to her seat looked at her fixedly till she sat down, and then, as if feeling guilty, hurriedly turned away, shook himself, and began staring at the window in front of him.
The president paused until the prisoners had taken their seats, and when Maslova was seated, turned to the secretary.
Then the usual procedure commenced; the counting of the jury, remarks about those who had not come, the fixing of the fines to be exacted from them, the decisions concerning those who claimed exemption, the appointing of reserve jurymen.
Having folded up some bits of paper and put them in one of the glass vases, the president turned up the gold-embroidered cuffs of his uniform a little way, and began drawing the lots, one by one, and opening them. Nekhludoff was among the jurymen thus drawn. Then, having let down his sleeves, the president requested the priest to swear in the jury.
The old priest, with his puffy, red face, his brown gown, and his gold cross and little order, laboriously moving his stiff legs, came up to the lectern beneath the icon.
The jurymen got up, and
crowded towards the lectern.
"Come up, please," said the priest, pulling at the cross on his breast with his plump hand, and waiting till all the jury had drawn near. When they had all come up the steps of the platform, the priest passed his bald, grey head sideways through the greasy opening of the stole, and, having rearranged his thin hair, he again turned to the jury. "Now, raise your right arms in this way, and put your fingers together, thus," he said, with his tremulous old voice, lifting his fat, dimpled hand, and putting the thumb and two first fingers together, as if taking a pinch of something. "Now, repeat after me, 'I promise and swear, by the Almighty God, by His holy gospels, and by the life-giving cross of our Lord, that in this work which,'" he said, pausing between each sentence--"don't let your arm down; hold it like this," he remarked to a young man who had lowered his arm--"'that in this work which . . . '"
The dignified man with the whiskers, the colonel, the merchant, and several more held their arms and fingers as the priest required of them, very high, very exactly, as if they liked doing it; others did it unwillingly and carelessly. Some repeated the words too loudly, and with a defiant tone, as if they meant to say, "In spite of all, I will and shall speak." Others whispered very low, and not fast enough, and then, as if frightened, hurried to catch up the priest. Some kept their fingers tightly together, as if fearing to drop the pinch of invisible something they held; others kept separating and folding theirs. Every one save the old priest felt awkward, but he was sure he was fulfilling a very useful and important duty.
After the swearing in, the president requested the jury to choose a foreman, and the jury, thronging to the door, passed out into the debating-room, where almost all of them at once began to smoke cigarettes. Some one proposed the dignified man as foreman, and he was unanimously accepted. Then the jurymen put out their cigarettes and threw them away and returned to the court. The dignified man informed the president that he was chosen foreman, and all sat down again on the high-backed chairs.
