第38章

At last the president finished his speech, and lifting the list of questions with a graceful movement of his arm he handed it to the foreman, who came up to take it. The jury, glad to be able to get into the debating-court, got up one after the other and left the room, looking as if a bit ashamed of themselves and again not knowing what to do with their hands. As soon as the door was closed behind them a gendarme came up to it, pulled his sword out of the scabbard, and, holding it up against his shoulder, stood at the door. The judges got up and went away. The prisoners were also led out. When the jury came into the debating-room the first thing they did was to take out their cigarettes, as before, and begin smoking. The sense of the unnaturalness and falseness of their position, which all of them had experienced while sitting in their places in the court, passed when they entered the debating-room and started smoking, and they settled down with a feeling of relief and at once began an animated conversation.

"'Tisn't the girl's fault. She's got mixed up in it," said the kindly merchant. "We must recommend her to mercy."

"That's just what we are going to consider," said the foreman.

"We must not give way to our personal impressions."

"The president's summing up was good," remarked the colonel.

"Good? Why, it nearly sent me to sleep!"

"The chief point is that the servants could have known nothing about the money if Maslova had not been in accord with them," said the clerk of Jewish extraction.

"Well, do you think that it was she who stole the money?" asked one of the jury.

"I will never believe it," cried the kindly merchant; "it was all that red-eyed hag's doing."

"They are a nice lot, all of them," said the colonel.

"But she says she never went into the room."

"Oh, believe her by all means."

"I should not believe that jade, not for the world."

"Whether you believe her or not does not settle the question," said the clerk.

"The girl had the key," said the colonel.

"What if she had?" retorted the merchant.

"And the ring?"

"But didn't she say all about it?" again cried the merchant. "The fellow had a temper of his own, and had had a drop too much besides, and gave the girl a licking; what could be simpler?

Well, then he's sorry--quite naturally. 'There, never mind,' says he; 'take this.' Why, I heard them say he was six foot five high;

I should think he must have weighed about 20 stones."

"That's not the point," said Peter Gerasimovitch. "The question is, whether she was the instigator and inciter in this affair, or the servants?"

"It was not possible for the servants to do it alone; she had the key."

This kind of random talk went on for a considerable time. At last the foreman said: "I beg your pardon, gentlemen, but had we not better take our places at the table and discuss the matter?

Come, please." And he took the chair.

The questions were expressed in the following manner.

1. Is the peasant of the village Borki, Krapivinskia district, Simeon Petrov Kartinkin, 33 years of age, guilty of having, in agreement with other persons, given the merchant Smelkoff, on the 17th January, 188-, in the town of N-----, with intent to deprive him of life, for the purpose of robbing him, poisoned brandy, which caused Smelkoff's death, and of having stolen from him about 2,500 roubles in money and a diamond ring?

2. Is the meschanka Euphemia Ivanovna Botchkova, 43 years of age, guilty of the crimes described above?

3. Is the meschanka Katerina Michaelovna Maslova, 27 years of age, guilty of the crimes described in the first question?

4. If the prisoner Euphemia Botchkova is not guilty according to the first question, is she not guilty of having, on the 17th January, in the town of N----, while in service at the hotel Mauritania, stolen from a locked portmanteau, belonging to the merchant Smelkoff, a lodger in that hotel, and which was in the room occupied by him, 2,500 roubles, for which object she unlocked the portmanteau with a key she brought and fitted to the lock?

The foreman read the first question.

"Well, gentlemen, what do you think?" This question was quickly answered. All agreed to say "Guilty," as if convinced that Kartinkin had taken part both in the poisoning and the robbery.

An old artelshik, [member of an artel, an association of workmen, in which the members share profits and liabilities] whose answers were all in favour of acquittal, was the only exception.

The foreman thought he did not understand, and began to point out to him that everything tended to prove Kartinkin's guilt. The old man answered that he did understand, but still thought it better to have pity on him. "We are not saints ourselves," and he kept to his opinion.

The answer to the second question concerning Botchkova was, after much dispute and many exclamations, answered by the words, "Not guilty," there being no clear proofs of her having taken part in the poisoning--a fact her advocate had strongly insisted on. The merchant, anxious to acquit Maslova, insisted that Botchkova was the chief instigator of it all. Many of the jury shared this view, but the foreman, wishing to be in strict accord with the law, declared they had no grounds to consider her as an accomplice in the poisoning. After much disputing the foreman's opinion triumphed.

To the fourth question concerning Botchkova the answer was "Guilty." But on the artelshik's insistence she was recommended to mercy.

The third question, concerning Maslova, raised a fierce dispute.

The foreman maintained she was guilty both of the poisoning and the theft, to which the merchant would not agree. The colonel, the clerk and the old artelshik sided with the merchant, the rest seemed shaky, and the opinion of the foreman began to gain ground, chiefly because all the jurymen were getting tired, and preferred to take up the view that would bring them sooner to a decision and thus liberate them.