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poisoned a man without any apparent reason。
〃Just see what an absurd decision they have come to;〃 he
whispered to the member on his left。 〃This means penal servitude
in Siberia; and she is innocent。〃
〃Surely you do not mean to say she is innocent? answered the
serious member。
〃Yes; she is positively innocent。 I think this is a case for
putting Article 817 into practice (Article 817 states that if the
Court considers the decision of the jury unjust it may set it
aside)。〃
〃What do you think?〃 said the president; turning to the other
member。 The kindly member did not answer at once。 He looked at
the number on a paper before him and added up the figures; the
sum would not divide by three。 He had settled in his mind that if
it did divide by three he would agree to the president's
proposal; but though the sum would not so divide his kindness
made him agree all the same。
〃I; too; think it should he done;〃 he said。
〃And you?〃 asked the president; turning to the serious member。
〃On no account;〃 he answered; firmly。 〃As it is; the papers
accuse the jury of acquitting prisoners。 What will they say if
the Court does it? I; shall not agree to that on any account。〃
The president looked at his watch。 〃It is a pity; but what's to
be done?〃 and handed the questions to the foreman to read out。
All got up; and the foreman; stepping from foot to foot; coughed;
and read the questions and the answers。 All the Court; secretary;
advocates; and even the public prosecutor; expressed surprise。
The prisoners sat impassive; evidently not understanding the
meaning of the answers。 Everybody sat down again; and the
president asked the prosecutor what punishments the prisoners
were to be subjected to。
The prosecutor; glad of his unexpected success in getting Maslova
convicted; and attributing the success entirely to his own
eloquence; looked up the necessary information; rose and said:
〃With Simeon Kartinkin I should deal according to Statute 1;452
paragraph 93。 Euphemia Botchkova according to Statute 。 。 。; etc。
Katerina Maslova according to Statute 。 。 。;etc。〃
All three punishments were the heaviest that could he inflicted。
〃The Court will adjourn to consider the sentence;〃 said the
president; rising。 Everybody rose after him; and with the
pleasant feeling of a task well done began to leave the room or
move about in it。
〃D'you know; sirs; we have made a shameful hash of it?〃 said
Peter Gerasimovitch; approaching Nekhludoff; to whom the foreman
was relating something。 〃Why; we've got her to Siberia。〃
〃What are you saying?〃 exclaimed Nekhludoff。 This time he did not
notice the teacher's familiarity。
〃Why; we did not put in our answer 'Guilty; but without intent of
causing death。' The secretary just told me the public prosecutor
is for condemning her to 15 years' penal servitude。〃
〃Well; but it was decided so;〃 said the foreman。
Peter Gerasimovitch began to dispute this; saying that since she
did not take the money it followed naturally that she could not
have had any intention of committing murder。
〃But I read the answer before going out;〃 said the foreman;
defending himself; 〃and nobody objected。〃
〃I had just then gone out of the room;〃 said Peter Gerasimovitch;
turning to Nekhludoff; 〃and your thoughts must have been
wool…gathering to let the thing pass。〃
〃I never imagined this;〃 Nekhludoff replied。
〃Oh; you didn't?〃
〃Oh; well; we can get it put right;〃 said Nekhludoff。
〃Oh; dear no; it's finished。〃
Nekhludoff looked at the prisoners。 They whose fate was being
decided still sat motionless behind the grating in front of the
soldiers。 Maslova was smiling。 Another feeling stirred in
Nekhludoff's soul。 Up to now; expecting her acquittal and
thinking she would remain in the town; he was uncertain how to
act towards her。 Any kind of relations with her would be so very
difficult。 But Siberia and penal servitude at once cut off every
possibility of any kind of relations with her。 The wounded bird
would stop struggling in the game…bag; and no longer remind him
of its existence。
CHAPTER XXIV。
THE TRIALTHE SENTENCE。
Peter Gerasimovitch's assumption was correct。 The president came
back from the debating room with a paper; and read as
follows:〃April 28th; 188…。 By His Imperial Majesty's ukase No。
… The Criminal Court; on the strength of the decision of the
jury; in accordance with Section 3 of Statute 771; Section 3 of
Statutes 770 and 777; decrees that the peasant; Simeon Kartinkin;
33 years of age; and the meschanka Katerina Maslova; 27 years of
age; are to be deprived of all property rights and to be sent to
penal servitude in Siberia; Kartinkin for eight; Maslova for four
years; with the consequences stated in Statute 25 of the code。
The meschanka Botchkova; 43 years of age; to be deprived of all
special personal and acquired rights; and to be imprisoned for
three years with consequences in accord with Statute 48 of the
code。 The costs of the case to be borne equally by the prisoners;
and; in the case of their being without sufficient property; the
costs to be transferred to the Treasury。 Articles of material
evidence to be sold; the ring to be returned; the phials
destroyed。〃 Botchkova was condemned to prison; Simeon Kartinken
and Katerina Maslova to the loss of all special rights and
privileges and to penal servitude in Siberia; he for eight and
she for four years。
Kartinkin stood holding his arms close to his sides and moving
his lips。 Botchkova seemed perfectly calm。 Maslova; when she
heard the sentence; blushed scarlet。 〃I'm not guilty; not
guilty!〃 she suddenly cried; so that it resounded through the
room。 〃It is a sin! I am not guilty! I never wishedI never
thought! It is the truth I am sayingthe truth!〃 and sinking on
the bench she burst into tears and sobbed aloud。 When Kartinkin
and Botchkova went out she still sat crying; so that a gendarme
had to touch the sleeve of her cloak。
〃No; it is impossible to leave it as it is;〃 said Nekhludoff to
himself; utterly forgetting his bad thoughts。 He did not know why
he wished to look at her once more; but hurried out into the
corridor。 There was quite a crowd at the door。 The advocates and
jury were going out; pleased to have finished the business; and
he was obliged to wait a few seconds; and when he at last got out
into the corridor she was far in front。 He hurried along the
corridor after her; regardless of the attention he was arousing;
caught her up; passed her; and stopped。 She had ceased crying and
only sobbed; wiping her red; discoloured face with the end of the
kerchief on her head。 She passed without noticing him。 Then he
hurried back to see the president。 The latter had already left
the court; and Nekhludoff followed him into the lobby and went up
to him just as he had put on his light grey overcoat and was
taking the silver…mounted walking…stick which an attendant was
handing him。
〃Sir; may I have a few words with you concerning some business I
have just decided upon?〃 said Nekhludoff。 I am one of the jury。〃
〃Oh; certainly; Prince Nekhludoff。 I shall be delighted。 I think
we have met before;〃 said the president; pressing Nekhludoff's
hand and recalling with pleasure the evening when he first met
Nekhludoff; and when he had danced so gaily; better than all the
young people。 〃What can I do for you?〃
〃There is a mistake in the answer concerning Maslova。 She is not
guilty of the poisoning and yet she is condemned to penal
servitude;〃 said Nekhludoff; with a preoccupied and gloomy air。
〃The Court passed the sentence in accordance with the answers you
yourselves gave;〃 said the president; moving towards the front
door; 〃though they did not seem to be quite in accord。〃 And he
remembered that he had been going to explain to the jury that a
verdict of 〃guilty〃 meant guilty of intentional murder unless the
words 〃without intent to take life〃 were added; but had; in his
hurry to get the business over; omitted to do so。
〃Yes; but could not the mistake be rectified?〃
〃A reason for an appeal can always be found。 You will have to
speak to an advocate;〃 said the president; putting on his hat a
little to one side and continuing to move towards the door。
〃But this is terrible。〃
〃Well; you see; there were two possibilities before Maslova;〃
said the president; evidently wishing to be as polite and
pleasant to Nekhludoff as he could。 Then; having arranged his
whiskers over his coat collar; he put his hand lightly under
Nekhludoff's elbow; and; still directing his steps towards the
front door; he said; 〃You are going; too?〃
〃Yes;〃 said Nekhludoff; quickly getting his coat; and following
him。
They went out into the bright; merry sunlight; and had to raise
their voices because of the rattling of the wheels on the
pavement。
〃The situation is a curious one; you see;〃 said the president;
〃what lay before this Maslova was one of two things: either to be
almost acquitted and only imprisoned for a short time; or; taking
the preliminary confinement into consideration; perhaps not at
allor Siberia。 There is nothing between。 Had you but added the
words; 'without intent to cause death;' she would have been
acquitt