THE TRIAL--THE 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 wished--I never thought! It is the truth I am saying--the 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 all--or Siberia. There is nothing between. Had you but added the words, 'without intent to cause death,' she would have been acquitted."
"Yes, it was inexcusable of me to omit that," said Nekhludoff.
"That's where the whole matter lies," said the president, with a smile, and looked at his watch. He had only three-quarters of an hour left before the time appointed by his Clara would elapse.
"Now, if you like to speak to the advocates you'll have to find a reason for an appeal; that can be easily done." Then, turning to an isvostchik, he called out, "To the Dvoryanskaya 30 copecks; I never give more." "All right, your honour; here you are."
"Good-afternoon. If I can be of any use, my address is House Dvornikoff, on the Dvoryanskaya; it's easy to remember." And he bowed in a friendly manner as he got into the trap and drove off.
彼得·蓋拉西莫維奇的推測(cè)是正確的。
庭長(zhǎng)從議事室回來(lái)，手里拿著公文，宣讀起來(lái)：
“一八八×年四月二十八日，本地方法院刑事庭遵奉皇帝陛下圣諭，按照諸位陪審員先生裁定，根據(jù)刑事訴訟法第七百七十一條第三款、第七百七十六條第三款及第七百七十七條判決如下：農(nóng)民西蒙·卡爾津金，年三十三歲，小市民葉卡吉琳娜·瑪絲洛娃，年二十七歲，褫奪一切公權(quán)，流放服苦役：卡爾津金八年，瑪絲洛娃四年，并承擔(dān)刑法第二十八條所列后果。小市民葉菲米雅·包奇科娃，年四十三歲，褫奪一切公權(quán)和特權(quán)，沒(méi)收其財(cái)產(chǎn)，處徒刑三年，并承擔(dān)刑法第四十九條所列后果。本案訴訟費(fèi)用由被告平均分擔(dān)，如被告無(wú)力繳納，由國(guó)庫(kù)支付。本案物證全部變賣，戒指追還，酒瓶銷毀?！?BR> 卡爾津金仍舊挺直身子站著，雙手貼住褲腿上的接縫，手指叉開(kāi)，臉頰上的肌肉不斷抖動(dòng)。包奇科娃看上去若無(wú)其事。
瑪絲洛娃聽(tīng)到判決，臉漲得通紅。
“我沒(méi)有罪，沒(méi)有罪！”她忽然對(duì)著整個(gè)法庭大聲叫嚷。
“冤枉??！我沒(méi)有罪！我根本沒(méi)有起過(guò)壞心，連想都沒(méi)有想過(guò)。我說(shuō)的是實(shí)話，實(shí)話！”她說(shuō)完往長(zhǎng)凳上一坐，放聲痛哭起來(lái)。
卡爾津金和包奇科娃走出法庭，可是瑪絲洛娃還坐在那里痛哭，弄得憲兵只好拉拉她的衣袖。
“不，可不能就這樣了結(jié)，”聶赫留朵夫完全忘了剛才那種卑劣的感情，自言自語(yǔ)。他身不由主地趕到走廊里，想再去看她一眼。門口擠滿了陪審員和律師，他們有說(shuō)有笑，為辦完案子而高興。聶赫留朵夫不得不在門口停留幾分鐘。等他來(lái)到走廊里，瑪絲洛娃已經(jīng)走遠(yuǎn)了。他快步走去，也不顧人家的注意，直到追上她方才站住。她已經(jīng)停止號(hào)哭，只是抽抽搭搭地嗚咽著，用頭巾梢兒擦著她那紅塊斑斑的臉。她頭也不回地從他身邊走過(guò)。等她過(guò)去了，聶赫留朵夫急忙返身往回走，想去找庭長(zhǎng)，可是庭長(zhǎng)已經(jīng)走掉了。
聶赫留朵夫直到門房那里才追上他。
“庭長(zhǎng)先生，”聶赫留朵夫走到他跟前說(shuō)，這時(shí)庭長(zhǎng)已穿上淺色大衣，從門房手里接過(guò)鑲銀手杖，“我可以同您談一談剛才判決的那個(gè)案件嗎？我是陪審員?！?BR> “哦，當(dāng)然可以，您是聶赫留朵夫公爵吧？太榮幸了，我們以前見(jiàn)過(guò)面，”庭長(zhǎng)說(shuō)著同聶赫留朵夫握手，同時(shí)高興地想到他們見(jiàn)面的那個(gè)晚上，當(dāng)時(shí)聶赫留朵夫舞跳得多么漂亮多么輕快，比所有的青年都出色?！坝惺裁词挛夷転槟谕?？”
“有關(guān)瑪絲洛娃那個(gè)答案有點(diǎn)誤會(huì)了。她沒(méi)有犯毒死人命罪，可是竟判了她服苦役，”聶赫留朵夫緊皺著眉頭說(shuō)。
“法庭是根據(jù)你們作出的答案判決的，”庭長(zhǎng)一面說(shuō)，一面向大門口走去，“雖然法庭也覺(jué)得你們的答案不符合案情?！?BR> 庭長(zhǎng)這時(shí)才想起，他本想對(duì)陪審員們說(shuō)明，既然他們回答：“是的，她犯了罪，”而沒(méi)有否定蓄意殺人，那就是肯定了蓄意殺人，但他當(dāng)時(shí)急于把這個(gè)案子辦完，竟沒(méi)有這樣說(shuō)。
“是的，難道有錯(cuò)也不能糾正嗎？”
“要上訴總是可以找到理由的。這事得找律師商量，”庭長(zhǎng)說(shuō)，把帽子稍稍歪戴到頭上，繼續(xù)向門口走去。
“這可太不象話了?！?BR> “不過(guò)，您要明白，瑪絲洛娃前面也無(wú)非只有兩條路，”庭長(zhǎng)說(shuō)，顯然想盡量討好聶赫留朵夫，對(duì)他客氣些。他理理大衣領(lǐng)子外面的絡(luò)腮胡子，輕輕挽著聶赫留朵夫的臂肘，往門口走去，嘴里說(shuō)：“您也要走吧？”
“是的，”聶赫留朵夫說(shuō)，慌忙穿上大衣，跟著他一起出去。
他們來(lái)到令人歡樂(lè)的燦爛陽(yáng)光下，立刻由于街上轆轆的車輪聲不得不提高聲音說(shuō)話。
“您瞧，情況是有點(diǎn)別扭，”庭長(zhǎng)放開(kāi)嗓子說(shuō)，“那個(gè)瑪絲洛娃前面本來(lái)是有兩條路擺著：一條幾乎可以無(wú)罪開(kāi)釋，坐一陣子牢，還可以扣除已監(jiān)禁的日子，那簡(jiǎn)直只能算是拘留；另一條是服苦役。中間的路是沒(méi)有的。你們?cè)瓉?lái)要是能加上一句：‘但并非蓄意謀殺，’她就可以無(wú)罪開(kāi)釋了?！?BR> “我忽略了這一點(diǎn)，真是該死，”聶赫留朵夫說(shuō)。
“是啊，關(guān)鍵就在這里，”庭長(zhǎng)一面笑著說(shuō)，一面看看表。
此刻離克拉拉約定的時(shí)間只差三刻鐘了。
“您要是愿意，現(xiàn)在還可以去找律師。一定要找個(gè)上訴的理由。要找總是找得到的。上貴族街，”他回答馬車夫說(shuō)，“三十戈比，多一個(gè)戈比不要。”
“是，老爺，您請(qǐng)上車?！?BR> “再見(jiàn)。要是有什么事需要我為您效勞，請(qǐng)光臨貴族街德伏爾尼科夫的房子。這地名好記?！?BR> 他親切地鞠了一躬，坐上車走了。
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 wished--I never thought! It is the truth I am saying--the 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 all--or Siberia. There is nothing between. Had you but added the words, 'without intent to cause death,' she would have been acquitted."
"Yes, it was inexcusable of me to omit that," said Nekhludoff.
"That's where the whole matter lies," said the president, with a smile, and looked at his watch. He had only three-quarters of an hour left before the time appointed by his Clara would elapse.
"Now, if you like to speak to the advocates you'll have to find a reason for an appeal; that can be easily done." Then, turning to an isvostchik, he called out, "To the Dvoryanskaya 30 copecks; I never give more." "All right, your honour; here you are."
"Good-afternoon. If I can be of any use, my address is House Dvornikoff, on the Dvoryanskaya; it's easy to remember." And he bowed in a friendly manner as he got into the trap and drove off.
彼得·蓋拉西莫維奇的推測(cè)是正確的。
庭長(zhǎng)從議事室回來(lái)，手里拿著公文，宣讀起來(lái)：
“一八八×年四月二十八日，本地方法院刑事庭遵奉皇帝陛下圣諭，按照諸位陪審員先生裁定，根據(jù)刑事訴訟法第七百七十一條第三款、第七百七十六條第三款及第七百七十七條判決如下：農(nóng)民西蒙·卡爾津金，年三十三歲，小市民葉卡吉琳娜·瑪絲洛娃，年二十七歲，褫奪一切公權(quán)，流放服苦役：卡爾津金八年，瑪絲洛娃四年，并承擔(dān)刑法第二十八條所列后果。小市民葉菲米雅·包奇科娃，年四十三歲，褫奪一切公權(quán)和特權(quán)，沒(méi)收其財(cái)產(chǎn)，處徒刑三年，并承擔(dān)刑法第四十九條所列后果。本案訴訟費(fèi)用由被告平均分擔(dān)，如被告無(wú)力繳納，由國(guó)庫(kù)支付。本案物證全部變賣，戒指追還，酒瓶銷毀?！?BR> 卡爾津金仍舊挺直身子站著，雙手貼住褲腿上的接縫，手指叉開(kāi)，臉頰上的肌肉不斷抖動(dòng)。包奇科娃看上去若無(wú)其事。
瑪絲洛娃聽(tīng)到判決，臉漲得通紅。
“我沒(méi)有罪，沒(méi)有罪！”她忽然對(duì)著整個(gè)法庭大聲叫嚷。
“冤枉??！我沒(méi)有罪！我根本沒(méi)有起過(guò)壞心，連想都沒(méi)有想過(guò)。我說(shuō)的是實(shí)話，實(shí)話！”她說(shuō)完往長(zhǎng)凳上一坐，放聲痛哭起來(lái)。
卡爾津金和包奇科娃走出法庭，可是瑪絲洛娃還坐在那里痛哭，弄得憲兵只好拉拉她的衣袖。
“不，可不能就這樣了結(jié)，”聶赫留朵夫完全忘了剛才那種卑劣的感情，自言自語(yǔ)。他身不由主地趕到走廊里，想再去看她一眼。門口擠滿了陪審員和律師，他們有說(shuō)有笑，為辦完案子而高興。聶赫留朵夫不得不在門口停留幾分鐘。等他來(lái)到走廊里，瑪絲洛娃已經(jīng)走遠(yuǎn)了。他快步走去，也不顧人家的注意，直到追上她方才站住。她已經(jīng)停止號(hào)哭，只是抽抽搭搭地嗚咽著，用頭巾梢兒擦著她那紅塊斑斑的臉。她頭也不回地從他身邊走過(guò)。等她過(guò)去了，聶赫留朵夫急忙返身往回走，想去找庭長(zhǎng)，可是庭長(zhǎng)已經(jīng)走掉了。
聶赫留朵夫直到門房那里才追上他。
“庭長(zhǎng)先生，”聶赫留朵夫走到他跟前說(shuō)，這時(shí)庭長(zhǎng)已穿上淺色大衣，從門房手里接過(guò)鑲銀手杖，“我可以同您談一談剛才判決的那個(gè)案件嗎？我是陪審員?！?BR> “哦，當(dāng)然可以，您是聶赫留朵夫公爵吧？太榮幸了，我們以前見(jiàn)過(guò)面，”庭長(zhǎng)說(shuō)著同聶赫留朵夫握手，同時(shí)高興地想到他們見(jiàn)面的那個(gè)晚上，當(dāng)時(shí)聶赫留朵夫舞跳得多么漂亮多么輕快，比所有的青年都出色?！坝惺裁词挛夷転槟谕?？”
“有關(guān)瑪絲洛娃那個(gè)答案有點(diǎn)誤會(huì)了。她沒(méi)有犯毒死人命罪，可是竟判了她服苦役，”聶赫留朵夫緊皺著眉頭說(shuō)。
“法庭是根據(jù)你們作出的答案判決的，”庭長(zhǎng)一面說(shuō)，一面向大門口走去，“雖然法庭也覺(jué)得你們的答案不符合案情?！?BR> 庭長(zhǎng)這時(shí)才想起，他本想對(duì)陪審員們說(shuō)明，既然他們回答：“是的，她犯了罪，”而沒(méi)有否定蓄意殺人，那就是肯定了蓄意殺人，但他當(dāng)時(shí)急于把這個(gè)案子辦完，竟沒(méi)有這樣說(shuō)。
“是的，難道有錯(cuò)也不能糾正嗎？”
“要上訴總是可以找到理由的。這事得找律師商量，”庭長(zhǎng)說(shuō)，把帽子稍稍歪戴到頭上，繼續(xù)向門口走去。
“這可太不象話了?！?BR> “不過(guò)，您要明白，瑪絲洛娃前面也無(wú)非只有兩條路，”庭長(zhǎng)說(shuō)，顯然想盡量討好聶赫留朵夫，對(duì)他客氣些。他理理大衣領(lǐng)子外面的絡(luò)腮胡子，輕輕挽著聶赫留朵夫的臂肘，往門口走去，嘴里說(shuō)：“您也要走吧？”
“是的，”聶赫留朵夫說(shuō)，慌忙穿上大衣，跟著他一起出去。
他們來(lái)到令人歡樂(lè)的燦爛陽(yáng)光下，立刻由于街上轆轆的車輪聲不得不提高聲音說(shuō)話。
“您瞧，情況是有點(diǎn)別扭，”庭長(zhǎng)放開(kāi)嗓子說(shuō)，“那個(gè)瑪絲洛娃前面本來(lái)是有兩條路擺著：一條幾乎可以無(wú)罪開(kāi)釋，坐一陣子牢，還可以扣除已監(jiān)禁的日子，那簡(jiǎn)直只能算是拘留；另一條是服苦役。中間的路是沒(méi)有的。你們?cè)瓉?lái)要是能加上一句：‘但并非蓄意謀殺，’她就可以無(wú)罪開(kāi)釋了?！?BR> “我忽略了這一點(diǎn)，真是該死，”聶赫留朵夫說(shuō)。
“是啊，關(guān)鍵就在這里，”庭長(zhǎng)一面笑著說(shuō)，一面看看表。
此刻離克拉拉約定的時(shí)間只差三刻鐘了。
“您要是愿意，現(xiàn)在還可以去找律師。一定要找個(gè)上訴的理由。要找總是找得到的。上貴族街，”他回答馬車夫說(shuō)，“三十戈比，多一個(gè)戈比不要。”
“是，老爺，您請(qǐng)上車?！?BR> “再見(jiàn)。要是有什么事需要我為您效勞，請(qǐng)光臨貴族街德伏爾尼科夫的房子。這地名好記?！?BR> 他親切地鞠了一躬，坐上車走了。