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The Court of Justice was accused of having left a decision of the
Court of Law unaltered。
Nekhludoff listened and tried to make out the meaning of what was
going on； but； just as in the Criminal Court； his chief
difficulty was that not the evidently chief point； but some side
issues； were being discussed。 The case was that of a newspaper
which had published the account of a swindle arranged by a
director of a limited liability company。 It seemed that the only
important question was whether the director of the company really
abused his trust； and how to stop him from doing it。 But the
questions under consideration were whether the editor had a right
to publish this article of his contributor； and what he had been
guilty of in publishing it： slander or libel； and in what way
slander included libel； or libel included slander； and something
rather incomprehensible to ordinary people about all sorts of
statutes and resolutions passed by some General Department。
The only thing clear to Nekhludoff was that； in spite of what
Wolf had so strenuously insisted on； the day before； i。e。； that
the Senate could not try a case on its merits； in this case he
was evidently strongly in favour of repealing the decision of the
Court of Justice； and that Selenin； in spite of his
characteristic reticence； stated the opposite opinion with quite
unexpected warmth。 The warmth； which surprised Nekhludoff；
evinced by the usually self…controlled Selenin； was due to his
knowledge of the director's shabbiness in money matters； and the
fact； which had accidentally come to his cars； that Wolf had been
to a swell dinner party at the swindler's house only a few days
before。
Now that Wolf spoke on the case； guardedly enough； but with
evident bias； Selenin became excited； and expressed his opinion
with too much nervous irritation for an ordinary business
transaction。
It was clear that Selenin's speech had offended Wolf。 He grew
red； moved in his chair； made silent gestures of surprise； and at
last rose； with a very dignified and injured look； together with
the other senators； and went out into the debating…room。
〃What particular case have you come about？〃 the usher asked
again； addressing Fanarin。
〃I have already told you： Maslova's case。〃
〃Yes； quite so。 It is to be heard to…day； but〃
〃But what？〃 the advocate asked。
〃Well； you see； this case was to be examined without taking
sides； so that the senators will hardly come out again after
passing the resolution。 But I will inform them。〃
〃What do you mean？〃
〃I'll inform them； I'll inform them。〃 And the usher again put
something down on his paper。
The Senators really meant to pronounce their decision concerning
the libel case； and then to finish the other business； Maslova's
case among it； over their tea and cigarettes； without leaving the
debating…room。
CHAPTER XXI。
THE APPEAL DISMISSED。
As soon as the Senators were seated round the table in the
debating…room； Wolf began to bring forward with great animation
all the motives in favour of a repeal。 The chairman； an
ill…natured man at best； was in a particularly bad humour that
day。 His thoughts were concentrated on the words he had written
down in his memoranda on the occasion when not he but Viglanoff
was appointed to the important post he had long coveted。 It was
the chairman； Nikitin's； honest conviction that his opinions of
the officials of the two upper classes with which he was in
connection would furnish valuable material for the historians。 He
had written a chapter the day before in which the officials of
the upper classes got it hot for preventing him； as he expressed
it； from averting the ruin towards which the present rulers of
Russia were driving it； which simply meant that they had prevented
his getting a better salary。 And now he was considering what a
new light to posterity this chapter would shed on events。
〃Yes； certainly；〃 he said； in reply to the words addressed to him
by Wolf； without listening to them。
Bay was listening to Wolf with a sad face and drawing a garland
on the paper that lay before him。 Bay was a Liberal of the very
first water。 He held sacred the Liberal traditions of the sixth
decade of this century； and if he ever overstepped the limits of
strict neutrality it was always in the direction of Liberalism。
So in this case； beside the fact that the swindling director； who
was prosecuting for libel； was a bad lot； the prosecution of a
journalist for libel in itself tending； as it did； to restrict
the freedom of the press； inclined Bay to reject the appeal。
When Wolf concluded his arguments Bay stopped drawing his garland
and began in a sad and gentle voice （he was sad because he was
obliged to demonstrate such truisms） concisely； simply and
convincingly to show how unfounded the accusation was； and then；
bending his white head； he continued drawing his garland。
Skovorodnikoff； who sat opposite Wolf； and； with his fat fingers；
kept shoving his beard and moustaches into his mouth； stopped
chewing his beard as soon as Bay was silent； and said with a
loud； grating voice； that； notwithstanding the fact of the
director being a terrible scoundrel； he would have been for the
repeal of the sentence if there were any legal reasons for it；
but； as there were none； he was of Bay's opinion。 He was glad to
put this spoke in Wolf's wheel。
The chairman agreed with Skovorodnikoff； and the appeal was
rejected。
Wolf was dissatisfied； especially because it was like being
caught acting with dishonest partiality； so he pretended to be
indifferent； and； unfolding the document which contained
Maslova's case； he became engrossed in it。 Meanwhile the Senators
rang and ordered tea； and began talking about the event that；
together with the duel； was occupying the Petersburgers。
It was the case of the chief of a Government department； who was
accused of the crime provided for in Statute 995。
〃What nastiness；〃 said Bay； with disgust。
〃Why； where is the harm of it？ I can show you a Russian book
containing the project of a German writer； who openly proposes
that it should not be considered a crime；〃 said Skovorodnikoff；
drawing in greedily the fumes of the crumpled cigarette； which he
held between his fingers close to the palm； and he laughed
boisterously。
〃Impossible！〃 said Bay。
I shall show it you；〃 said Skovorodnikoff； giving the full title
of the book； and even its date and the name of its editor。
〃I hear he has been appointed governor to some town in Siberia。〃
〃That's fine。 The archdeacon will meet him with a crucifix。 They
ought to appoint an archdeacon of the same sort；〃 said
Skovorodnikoff。 〃I could recommend them one；〃 and he threw the
end of his cigarette into his saucer； and again shoved as much of
his beard and moustaches as he could into his mouth and began
chewing them。
The usher came in and reported the advocate's and Nekhludoff's
desire to be present at the examination of Maslova's case。
〃This case；〃 Wolf said； 〃is quite romantic；〃 and he told them
what he knew about Nekhludoff's relations with Maslova。 When they
had spoken a little about it and finished their tea and
cigarettes； the Senators returned into the Senate Chamber and
proclaimed their decision in the libel case； and began to hear
Maslova's case。
Wolf； in his thin voice； reported Maslova's appeal very fully；
but again not without some bias and an evident wish for the
repeal of the sentence。
〃Have you anything to add？〃 the chairman said； turning to
Fanarin。 Fanarin rose； and standing with his broad white chest
expanded； proved point by point； with wonderful exactness and
persuasiveness； how the Court had in six points strayed from the
exact meaning of the law； and besides this he touched； though
briefly； on the merits of the case； and on the crying injustice
of the sentence。 The tone of his speech was one of apology to the
Senators； who； with their penetration and judicial wisdom； could
not help seeing and understanding it all better than he could。 He
was obliged to speak only because the duty he had undertaken
forced him to do so。
After Fanarin's speech one might have thought that there could
not remain the least doubt that the Senate ought to repeal the
decision of the Court。 When he had finished his speech； Fanarin
looked round with a smile of triumph； seeing which Nekhludoff
felt certain that the case was won。 But when he looked at the
Senators he saw that Fanarin smiled and triumphed all alone。 The
Senators and the Public Prosecutor did not smile nor triumph； but
looked like people wearied； and who were thinking 〃We have often
heard the like of you； it is all in vain；〃 and were only too glad
when he stopped and ceased uselessly detaining them there。
Immediately after the end of the advocate's speech the chairman
turned to the Public Prosecutor。 Selenin briefly and clearly
expressed himself in favour of leaving the decision of the Court
unaltered； as he considered all the reasons for appealing
inadequate。 After this the Senators went out into the
debating…room。 They were divided in their opinions。 Wolf was in
favour of altering the decision。 Bay； when he had understood the
case；