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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。
Everything went smoothly; quickly; and not without a certain
solemnity。 And this exactitude; order; and solemnity evidently
pleased those who took part in it: it strengthened the impression
that they were fulfilling a serious and valuable public duty。
Nekhludoff; too; felt this。
As soon as the jurymen were seated; the president made a speech
on their rights; obligations; and responsibilities。 While
speaking he kept changing his position; now leaning on his right;
now on his left hand; now against the back; then on the arms of
his chair; now putting the papers straight; now handling his
pencil and paper…knife。
According to his words; they had the right of interrogating the
prisoners through the president; to use paper and pencils; and to
examine the articles put in as evidence。 Their duty was to judge
not falsely; but justly。 Their responsibility meant that if the
secrecy of their discussion were violated; or communications were
established with outsiders; they would be liable to punishment。
Every one listened with an expression of respectful attention。
The merchant; diffusing a smell of brandy around him; and
restraining loud hiccups; approvingly nodded his head at every
sentence。
CHAPTER IX。
THE TRIALTHE PRISONERS QUESTIONED。
When he had finished his speech; the president turned to the male
prisoner。
〃Simeon Kartinkin; rise。〃
Simeon jumped up; his lips continuing to move nervously and
inaudibly。
〃Your name?〃
〃Simon Petrov Kartinkin;〃 he said; rapidly; with a cracked voice;
having evidently prepared the answer。
〃What class do you belong to?〃
〃Peasant。〃
〃What government; district; and parish?〃
〃Toula Government; Krapivinskia district; Koupianovski parish;
the village Borki。〃
〃Your age?〃
〃Thirty…three; born in the year one thousand eight〃
〃What religion?〃
〃Of the Russian religion; orthodox。〃
〃Married?〃
〃Oh; no; sir。〃
〃Your occupation?〃
〃I had a place in the Hotel Mauritania。〃
〃Have you ever been tried before?〃
〃I never got tried before; because; as we used to live
formerly〃
〃So you never were tried before?〃
〃God forbid; never。〃
〃Have you received a copy of the indictment?〃
〃I have。〃
〃Sit down。〃
〃Euphemia Ivanovna Botchkova;〃 said the president; turning to the
next prisoner。
But Simon continued standing in front of Botchkova。
〃Kartinkin; sit down!〃 Kartinkin continued standing。
〃Kartinkin; sit down!〃 But Kartinkin sat down only when the
usher; with his head on one side; and with preternaturally
wide…open eyes; ran up; and said; in a tragic whisper; 〃Sit down;
sit down!〃
Kartinkin sat down as hurriedly as he had risen; wrapping his
cloak round him; and again began moving his lips silently。
〃Your name?〃 asked the president; with a weary sigh at being
obliged to repeat the same questions; without looking at the
prisoner; but glancing over a paper that lay before him。 The
president was so used to his task that; in order to get quicker
through it all; he did two things at a time。
Botchkova was forty…three years old; and came from the town of
Kalomna。 She; too; had been in service at the Hotel Mauritania。
〃I have never been tried before; and have received a copy of the
indictment。〃 She gave her answers boldly; in a tone of voice as
if she meant to add to each answer; 〃And I don't care who knows
it; and I won't stand any nonsense。〃
She did not wait to be told; but sat down as soon as she had
replied to the last question。
〃Your name?〃 turning abruptly to the third prisoner。 〃You will
have to rise;〃 he added; softly and gently; seeing that Maslova
kept her seat。
Maslova got up and stood; with her chest expanded; looking at the
president with that peculiar expression of readiness in her
smiling black eyes。
〃What is your name?〃
〃Lubov;〃 she said。
Nekhludoff had put on his pince…nez; looking at the prisoners
while they were being questioned。
〃No; it is impossible;〃 he thought; not taking his eyes off the
prisoner。 〃Lubov! How can it be?〃 he thought to himself; after
hearing her answer。 The president was going to continue his
questions; but the member with the spectacles interrupted him;
angrily whispering something。 The president nodded; and turned
again to the prisoner。
〃How is this;〃 he said; 〃you are not put down here as Lubov?〃
The prisoner remained silent。
〃I want your real name。〃
〃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 nameyour 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'
〃Religionorthodox?〃
〃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