When Maslova, wearied out by the long walk, reached the building, accompanied by two soldiers, Prince Dmitri Ivanovitch Nekhludoff, who had seduced her, was still lying on his high bedstead, with a feather bed on the top of the spring mattress, in a fine, clean, well-ironed linen night shirt, smoking a cigarette, and considering what he had to do to-day, and what had happened yesterday.
Recalling the evening he had spent with the Korchagins, a wealthy and aristocratic family, whose daughter every one expected he would marry, he sighed, and, throwing away the end of his cigarette, was going to take another out of the silver case; but, changing his mind, he resolutely raised his solid frame, and, putting down his smooth, white legs, stepped into his slippers, threw his silk dressing gown over his broad shoulders, and passed into his dressing-room, walking heavily and quickly. There he carefully cleaned his teeth, many of which were filled, with tooth powder, and rinsed his mouth with scented elixir. After that he washed his hands with perfumed soap, cleaned his long nails with particular care, then, from a tap fixed to his marble washstand, he let a spray of cold water run over his face and stout neck. Having finished this part of the business, he went into a third room, where a shower bath stood ready for him. Having refreshed his full, white, muscular body, and dried it with a rough bath sheet, he put on his fine undergarments and his boots, and sat down before the glass to brush his black beard and his curly hair, that had begun to get thin above the forehead. Everything he used, everything belonging to his toilet, his linen, his clothes, boots, necktie, pin, studs, was of the best quality, very quiet, simple, durable and costly.
Nekhludoff dressed leisurely, and went into the dining-room. A table, which looked very imposing with its four legs carved in the shape of lions’ paws, and a huge side-board to match, stood in the oblong room, the floor of which had been polished by three men the day before. On the table, which was covered with a fine, starched cloth, stood a silver coffeepot full of aromatic coffee, a sugar basin, a jug of fresh cream, and a bread basket filled with fresh rolls, rusks, and biscuits; and beside the plate lay the last number of theRevue des Deux Mondes, a newspaper, and several letters.
Nekhludoff was just going to open his letters, when a stout, middle-aged woman in mourning, a lace cap covering the widening parting of her hair, glided into the room. This was Agraphena Petrovna, formerly lady’s maid to Nekhludoff’s mother. Her mistress had died quite recently in this very house, and she remained with the son as his housekeeper. Agraphena Petrovna had spent nearly ten years, at different times, abroad with Nekhludoff’s mother, and had the appearance and manners of a lady. She had lived with the Nekhludoffs from the time she was a child, and had known Dmitri Ivanovitch at the time when he was still little Mitinka.
“Good-morning, Dmitri Ivanovitch.”
“Good-morning, Agraphena Petrovna. What is it you want?” Nekhludoff asked.
“A letter from the princess; either from the mother or the daughter. The maid brought it some time ago, and is waiting in my room,” answered Agraphena Petrovna, handing him the letter with a significant smile.
“All right! Directly!” said Nekhludoff, taking the letter and frowning as he noticed Agraphena Petrovna’s smile.
That smile meant that the letter was from the younger Princess Korchagin, whom Agraphena Petrovna expected him to marry. This supposition of hers annoyed Nekhludoff.
“Then I’ll tell her to wait?” and Agraphena Petrovna took a crumb brush which was not in its place, put it away, and sailed out of the room.
Nekhludoff opened the perfumed note, and began reading it.
The note was written on a sheet of thick grey paper, with rough edges; the writing looked English. It said:
Having assumed the task of acting as your memory, I take the liberty of reminding you that on this the 28th day of April you have to appear at the Law Courts, as juryman, and, in consequence, can on no account accompany us and Kolosoff to the picture gallery, as, with your habitual flightiness, you promised yesterday;a moins que vous ne soyez dispose a payer la cour d’assise les 300 roubles d’amende que vous vous refusez pour votre cheval,for not appearing in time. I remembered it last night after you were gone, so do not forget.
Princess M. Korchagin.
On the other side was a postscript.
Maman vous fait dire que votre convert vous attendra jusqu’a la nuit. Venez absolument a quelle heure que cela soit.
M. K.
Nekhludoff made a grimace. This note was a continuation of that skilful manoeuvring which the Princess Korchagin had already practised for two months in order to bind him closer and closer with invisible threads. And yet, beside the usual hesitation of men past their youth to marry unless they are very much in love, Nekhludoff had very good reasons why, even if he did make up his mind to it, he could not propose at once. It was not that ten years previously he had betrayed and forsaken Maslova; he had quite forgotten that, and he would not have considered it a reason for not marrying. No! The reason was that he had a liaison with a married woman, and, though he considered it broken off, she did not.
Nekhludoff was rather shy with women, and his very shyness awakened in this married woman, the unprincipled wife of the marechal de noblesse of a district where Nekhludoff was present at an election, the desire of vanquishing him. This woman drew him into an intimacy which entangled him more and more, while it daily became more distasteful to him. Having succumbed to the temptation, Nekhludoff felt guilty, and had not the courage to break the tie without her consent. And this was the reason he did not feel at liberty to propose to Korchagin even if he had wished to do so. Among the letters on the table was one from this woman’s husband. Seeing his writing and the postmark, Nekhludoff flushed, and felt his energies awakening, as they always did when he was facing any kind of danger.
But his excitement passed at once. The marechal do noblesse, of the district in which his largest estate lay, wrote only to let Nekhludoff know that there was to be a special meeting towards the end of May, and that Nekhludoff was to be sure and come to “donner un coup d’epaule,” at the important debates concerning the schools and the roads, as a strong opposition by the reactionary party was expected.
The marechal was a liberal, and was quite engrossed in this fight, not even noticing the misfortune that had befallen him.
Nekhludoff remembered the dreadful moments he had lived through; once when he thought that the husband had found him out and was going to challenge him, and he was making up his mind to fire into the air; also the terrible scene he had with her when she ran out into the park, and in her excitement tried to drown herself in the pond.
“Well, I cannot go now, and can do nothing until I get a reply from her,” thought Nekhludoff. A week ago he had written her a decisive letter, in which he acknowledged his guilt, and his readiness to atone for it; but at the same time he pronounced their relations to be at an end, for her own good, as he expressed it. To this letter he had as yet received no answer. This might prove a good sign, for if she did not agree to break off their relations, she would have written at once, or even come herself, as she had done before. Nekhludoff had heard that there was some officer who was paying her marked attention, and this tormented him by awakening jealousy, and at the same time encouraged him with the hope of escape from the deception that was oppressing him.
The other letter was from his steward. The steward wrote to tell him that a visit to his estates was necessary in order to enter into possession, and also to decide about the further management of his lands; whether it was to continue in the same way as when his mother was alive, or whether, as he had represented to the late lamented princess, and now advised the young prince, they had not better increase their stock and farm all the land now rented by the peasants themselves. The steward wrote that this would be a far more profitable way of managing the property; at the same time, he apologised for not having forwarded the 3,000 roubles income due on the 1st. This money would be sent on by the next mail. The reason for the delay was that he could not get the money out of the peasants, who had grown so untrustworthy that he had to appeal to the authorities. This letter was partly disagreeable, and partly pleasant. It was pleasant to feel that he had power over so large a property, and yet disagreeable, because Nekhludoff had been an enthusiastic admirer of Henry George and Herbert Spencer. Being himself heir to a large property, he was especially struck by the position taken up by Spencer in Social Statics, that justice forbids private landholding, and with the straightforward resoluteness of his age, had not merely spoken to prove that land could not be looked upon as private property, and written essays on that subject at the university, but had acted up to his convictions, and, considering it wrong to hold landed property, had given the small piece of land he had inherited from his father to the peasants. Inheriting his mother’s large estates, and thus becoming a landed proprietor, he had to choose one of two things: either to give up his property, as he had given up his father’s land ten years before, or silently to confess that all his former ideas were mistaken and false.
He could not choose the former because he had no means but the landed estates (he did not care to serve); moreover, he had formed luxurious habits which he could not easily give up. Besides, he had no longer the same inducements; his strong convictions, the resoluteness of youth, and the ambitious desire to do something unusual were gone. As to the second course, that of denying those clear and unanswerable proofs of the injustice of landholding, which he had drawn from Spencer’s Social Statics, and the brilliant corroboration of which he had at a later period found in the works of Henry George, such a course was impossible to him.
When Nekhludoff had finished his coffee, he went to his study to look at the summons, and find out what time he was to appear at the court, before writing his answer to the princess. Passing through his studio, where a few studies hung on the walls and, facing the easel, stood an unfinished picture, a feeling of inability to advance in art, a sense of his incapacity, came over him. He had often had this feeling, of late, and explained it by his too finely-developed aesthetic taste; still, the feeling was a very unpleasant one. Seven years before this he had given up military service, feeling sure that he had a talent for art, and had looked down with some disdain at all other activity from the height of his artistic standpoint. And now it turned out that he had no right to do so, and therefore everything that reminded him of all this was unpleasant. He looked at the luxurious fittings of the studio with a heavy heart, and it was in no cheerful mood that he entered his study, a large, lofty room fitted up with a view to comfort, convenience, and elegant appearance. He found the summons at once in a pigeon hole, labelled “immediate,” of his large writing table. He had to appear at the court at 11 o’clock.
Nekhludoff sat down to write a note in reply to the princess, thanking her for the invitation, and promising to try and come to dinner. Having written one note, he tore it up, as it seemed too intimate. He wrote another, but it was too cold; he feared it might give offence, so he tore it up, too. He pressed the button of an electric bell, and his servant, an elderly, morose-looking man, with whiskers and shaved chin and lip, wearing a grey cotton apron, entered at the door.
“Send to fetch an isvostchik, please.”
“Yes, sir.”
“And tell the person who is waiting that I send thanks for the invitation, and shall try to come.”
“Yes, sir.”
“It is not very polite, but I can’t write; no matter, I shall see her today,” thought Nekhludoff, and went to get his overcoat.
When he came out of the house, an isvostchik he knew, with india-rubber tires to his trap, was at the door waiting for him. “You had hardly gone away from Prince Korchagin’s yesterday,” he said, turning half round, “when I drove up, and the Swiss at the door says, ‘just gone.’” The isvostchik knew that Nekhludoff visited at the Korchagins, and called there on the chance of being engaged by him.
“Even the isvostchiks know of my relations with the Korchagins,” thought Nekhludoff, and again the question whether he should not marry Princess Korchagin presented itself to him, and he could not decide it either way, any more than most of the questions that arose in his mind at this time.
It was in favour of marriage in general, that besides the comforts of hearth and home, it made a moral life possible, and chiefly that a family would, so Nekhludoff thought, give an aim to his now empty life.
Against marriage in general was the fear, common to bachelors past their first youth, of losing freedom, and an unconscious awe before this mysterious creature, a woman.
In this particular case, in favour of marrying Missy (her name was Mary, but, as is usual among a certain set, a nickname had been given her) was that she came of good family, and differed in everything, manner of speaking, walking, laughing, from the common people, not by anything exceptional, but by her “good breeding”—he could find no other term for this quality, though he prized it very highly—-and, besides, she thought more of him than of anybody else, therefore evidently understood him. This understanding of him, i.e., the recognition of his superior merits, was to Nekhludoff a proof of her good sense and correct judgment. Against marrying Missy in particular, was, that in all likelihood, a girl with even higher qualities could be found, that she was already 27, and that he was hardly her first love. This last idea was painful to him. His pride would not reconcile itself with the thought that she had loved some one else, even in the past. Of course, she could not have known that she should meet him, but the thought that she was capable of loving another offended him. So that he had as many reasons for marrying as against it; at any rate, they weighed equally with Nekhludoff, who laughed at himself, and called himself the ass of the fable, remaining like that animal undecided which haycock to turn to.
“At any rate, before I get an answer from Mary Vasilievna (the marechal’s wife), and finish completely with her, I can do nothing,” he said to himself. And the conviction that he might, and was even obliged, to delay his decision, was comforting. “Well, I shall consider all that later on,” he said to himself, as the trap drove silently along the asphalt pavement up to the doors of the Court.
“Now I must fulfil my public duties conscientiously, as I am in the habit of always doing, and as I consider it right to do. Besides, they are often interesting.” And he entered the hall of the Law Courts, past the doorkeeper.
The corridors of the Court were already full of activity. The attendants hurried, out of breath, dragging their feet along the ground without lifting them, backwards and forwards, with all sorts of messages and papers. Ushers, advocates, and law officers passed hither and thither. Plaintiffs, and those of the accused who were not guarded, wandered sadly along the walls or sat waiting.
“Where is the Law Court?” Nekhludoff asked of an attendant.
“Which? There is the Civil Court and the Criminal Court.”
“I am on the jury.”
“The Criminal Court you should have said. Here to the right, then to the left—the second door.”
Nekhludoff followed the direction.
Meanwhile some of the Criminal Court jurymen who were late had hurriedly passed into a separate room. At the door mentioned two men stood waiting.
One, a tall, fat merchant, a kind-hearted fellow, had evidently partaken of some refreshments and a glass of something, and was in most pleasant spirits. The other was a shopman of Jewish extraction. They were talking about the price of wool when Nekhludoff came up and asked them if this was the jurymen’s room.
“Yes, my dear sir, this is it. One of us? On the jury, are you?” asked the merchant, with a merry wink.
“Ah, well, we shall have a go at the work together,” he continued, after Nekhludoff had answered in the affirmative. “My name is Baklasheff, merchant of the Second Guild,” he said, putting out his broad, soft, flexible hand.
“With whom have I the honour?”
Nekhludoff gave his name and passed into the jurymen’s room.
Inside the room were about ten persons of all sorts. They had come but a short while ago, and some were sitting, others walking up and down, looking at each other, and making each other’s acquaintance. There was a retired colonel in uniform; some were in frock coats, others in morning coats, and only one wore a peasant’s dress.
Their faces all had a certain look of satisfaction at the prospect of fulfilling a public duty, although many of them had had to leave their businesses, and most were complaining of it.
The jurymen talked among themselves about the weather, the early spring, and the business before them, some having been introduced, others just guessing who was who. Those who were not acquainted with Nekhludoff made haste to get introduced, evidently looking upon this as an honour, and he taking it as his due, as he always did when among strangers. Had he been asked why he considered himself above the majority of people, he could not have given an answer; the life he had been living of late was not particularly meritorious. The fact of his speaking English, French, and German with a good accent, and of his wearing the best linen, clothes, ties, and studs, bought from the most expensive dealers in these goods, he quite knew would not serve as a reason for claiming superiority. At the same time he did claim superiority, and accepted the respect paid him as his due, and was hurt if he did not get it. In the jurymen’s room his feelings were hurt by disrespectful treatment. Among the jury there happened to be a man whom he knew, a former teacher of his sister’s children, Peter Gerasimovitch. Nekhludoff never knew his surname, and even bragged a bit about this. This man was now a master at a public school. Nekhludoff could not stand his familiarity, his self-satisfied laughter, his vulgarity, in short.
“Ah ha! You’re also trapped.” These were the words, accompanied with boisterous laughter, with which Peter Gerasimovitch greeted Nekhludoff. “Have you not managed to get out of it?”
“I never meant to get out of it,” replied Nekhludoff, gloomily, and in a tone of severity.
“Well, I call this being public spirited. But just wait until you get hungry or sleepy; you’ll sing to another tune then.”
“This son of a priest will be saying ‘thou’ [in Russian, as in many other languages, ‘thou’ is used generally among people very familiar with each other, or by superiors to inferiors] to me next,” thought Nekhludoff, and walked away, with such a look of sadness on his face, as might have been natural if he had just heard of the death of all his relations. He came up to a group that had formed itself round a clean-shaven, tall, dignified man, who was recounting something with great animation. This man was talking about the trial going on in the Civil Court as of a case well known to himself, mentioning the judges and a celebrated advocate by name. He was saying that it seemed wonderful how the celebrated advocate had managed to give such a clever turn to the affair that an old lady, though she had the right on her side, would have to pay a large sum to her opponent. “The advocate is a genius,” he said.
The listeners heard it all with respectful attention, and several of them tried to put in a word, but the man interrupted them, as if he alone knew all about it.
Though Nekhludoff had arrived late, he had to wait a long time. One of the members of the Court had not yet come, and everybody was kept waiting.
The president, who had to take the chair, had arrived early. The president was a tall, stout man, with long grey whiskers. Though married, he led a very loose life, and his wife did the same, so they did not stand in each other’s way. This morning he had received a note from a Swiss girl, who had formerly been a governess in his house, and who was now on her way from South Russia to St. Petersburg. She wrote that she would wait for him between five and six p.m. in the Hotel Italia. This made him wish to begin and get through the sitting as soon as possible, so as to have time to call before six p.m. on the little red-haired Clara Vasilievna, with whom he had begun a romance in the country last summer. He went into a private room, latched the door, took a pair of dumb-bells out of a cupboard, moved his arms 20 times upwards, downwards, forwards, and sideways, then holding the dumb-bells above his head, lightly bent his knees three times.
“Nothing keeps one going like a cold bath and exercise,” he said, feeling the biceps of his right arm with his left hand, on the third finger of which he wore a gold ring. He had still to do the moulinee movement (for he always went through those two exercises before a long sitting), when there was a pull at the door. The president quickly put away the dumb-bells and opened the door, saying, “I beg your pardon.”
One of the members, a high-shouldered, discontented-looking man, with gold spectacles, came into the room. “Matthew Nikitich has again not come,” he said, in a dissatisfied tone.
“Not yet?” said the president, putting on his uniform. “He is always late.”
“It is extraordinary. He ought to be ashamed of himself,” said the member, angrily, and taking out a cigarette.
This member, a very precise man, had had an unpleasant encounter with his wife in the morning, because she had spent her allowance before the end of the month, and had asked him to give her some money in advance, but he would not give way to her, and they had a quarrel. The wife told him that if he were going to behave so, he need not expect any dinner; there would be no dinner for him at home. At this point he left, fearing that she might carry out her threat, for anything might be expected from her. “This comes of living a good, moral life,” he thought, looking at the beaming, healthy, cheerful, and kindly president, who, with elbows far apart, was smoothing his thick grey whiskers with his fine white hands over the embroidered collar of his uniform. “He is always contented and merry while I am suffering.”
The secretary came in and brought some document.
“Thanks, very much,” said the president, lighting a cigarette. “Which case shall we take first, then?”
“The poisoning case, I should say,” answered the secretary, with indifference.
“All right; the poisoning case let it be,” said the president, thinking that he could get this case over by four o’clock, and then go away. “And Matthew Nikitich; has he come?”
“Not yet.”
“And Breve?”
“He is here,” replied the secretary.
“Then if you see him, please tell him that we begin with the poisoning case.” Breve was the public prosecutor, who was to read the indictment in this case.
In the corridor the secretary met Breve, who, with up lifted shoulders, a portfolio under one arm, the other swinging with the palm turned to the front, was hurrying along the corridor, clattering with his heels.
“Michael Petrovitch wants to know if you are ready?” the secretary asked.
“Of course; I am always ready,” said the public prosecutor. “What are we taking first?”
“The poisoning case.”
“That’s quite right,” said the public prosecutor, but did not think it at all right. He had spent the night in a hotel playing cards with a friend who was giving a farewell party. Up to five in the morning they played and drank, so he had no time to look at this poisoning case, and meant to run it through now. The secretary, happening to know this, advised the president to begin with the poisoning case. The secretary was a Liberal, even a Radical, in opinion.
Breve was a Conservative; the secretary disliked him, and envied him his position.
“Well, and how about the Skoptzy?” [a religious sect] asked the secretary.
“I have already said that I cannot do it without witnesses, and so I shall say to the Court.”
“Dear me, what does it matter?”
“I cannot do it,” said Breve; and, waving his arm, he ran into his private room.
He was putting off the case of the Skoptzy on account of the absence of a very unimportant witness, his real reason being that if they were tried by an educated jury they might possibly be acquitted.
By an agreement with the president this case was to be tried in the coming session at a provincial town, where there would be more peasants, and, therefore, more chances of conviction.
The movement in the corridor increased. The people crowded most at the doors of the Civil Court, in which the case that the dignified man talked about was being heard.
An interval in the proceeding occurred, and the old woman came out of the court, whose property that genius of an advocate had found means of getting for his client, a person versed in law who had no right to it whatever. The judges knew all about the case, and the advocate and his client knew it better still, but the move they had invented was such that it was impossible not to take the old woman’s property and not to hand it over to the person versed in law.
The old woman was stout, well dressed, and had enormous flowers on her bonnet; she stopped as she came out of the door, and spreading out her short fat arms and turning to her advocate, she kept repeating. “What does it all mean? just fancy!”
The advocate was looking at the flowers in her bonnet, and evidently not listening to her, but considering some question or other.
Next to the old woman, out of the door of the Civil Court, his broad, starched shirt front glistening from under his low-cut waistcoat, with a self-satisfied look on his face, came the celebrated advocate who had managed to arrange matters so that the old woman lost all she had, and the person versed in the law received more than 100,000 roubles. The advocate passed close to the old woman, and, feeling all eyes directed towards him, his whole bearing seemed to say: “No expressions of deference are required.”
At last Matthew Nikitich also arrived, and the usher, a thin man, with a long neck and a kind of sideways walk, his nether lip protruding to one side, which made him resemble a turkey, came into the jurymen’s room.
This usher was an honest man, and had a university education, but could not keep a place for any length of time, as he was subject to fits of drunkenness. Three months before a certain countess, who patronised his wife, had found him this place, and he was very pleased to have kept it so long.
“Well, sirs, is everybody here?” he asked, putting his pince-nez on his nose, and looking round.
“Everybody, I think,” said the jolly merchant.
“All right; we’ll soon see.” And, taking a list from his pocket, he began calling out the names, looking at the men, sometimes through and sometimes over his pince-nez.
“Councillor of State, [grades such as this are common in Russia, and mean very little] J. M. Nikiforoff!”
“I am he,” said the dignified-looking man, well versed in the habits of the law court.
“Ivan Semionovitch Ivanoff, retired colonel!”
“Here!” replied a thin man, in the uniform of a retired officer.
“Merchant of the Second Guild, Peter Baklasheff!”
“Here we are, ready!” said the good-humoured merchant, with a broad smile.
“Lieutenant of the Guards, Prince Dmitri Nekhludoff!”
“I am he,” answered Nekhludoff.
The usher bowed to him, looking over his pince-nez, politely and pleasantly, as if wishing to distinguish him from the others.
“Captain Youri Demitrievitch-Dantchenko, merchant; Grigori Euphimitch Kouleshoff,” etc. All but two were present.
“Now please to come to the court, gentlemen,” said the usher, pointing to the door, with an amiable wave of his hand.
All moved towards the door, pausing to let each other pass. Then they went through the corridor into the court.
The court was a large, long room. At one end there was a raised platform, with three steps leading up to it, on which stood a table, covered with a green cloth trimmed with a fringe of a darker shade. At the table were placed three arm-chairs, with high-carved oak backs; on the wall behind them hung a full-length, brightly-coloured portrait of the Emperor in uniform and ribbon, with one foot in advance, and holding a sword. In the right corner hung a case, with an image of Christ crowned with thorns, and beneath it stood a lectern, and on the same side the prosecuting attorney’s desk. On the left, opposite the desk, was the secretary’s table, and in front of it, nearer the public, an oak grating, with the prisoners’ bench, as yet unoccupied, behind it. Besides all this, there were on the right side of the platform high-backed ashwood chairs for the jury, and on the floor below tables for the advocates. All this was in the front part of the court, divided from the back by a grating.
The back was all taken up by seats in tiers. Sitting on the front seats were four women, either servant or factory girls, and two working men, evidently overawed by the grandeur of the room, and not venturing to speak above a whisper.
Soon after the jury had come in the usher entered, with his sideward gait, and stepping to the front, called out in a loud voice, as if he meant to frighten those present, “The Court is coming!” Every one got up as the members stepped on to the platform. Among them the president, with his muscles and fine whiskers. Next came the gloomy member of the Court, who was now more gloomy than ever, having met his brother-in-law, who informed him that he had just called in to see his sister (the member’s wife), and that she had told him that there would be no dinner there.
“So that, evidently, we shall have to call in at a cook shop,” the brother-in-law added, laughing.
“It is not at all funny,” said the gloomy member, and became gloomier still.
Then at last came the third member of the Court, the same Matthew Nikitich, who was always late. He was a bearded man, with large, round, kindly eyes. He was suffering from a catarrh of the stomach, and, according to his doctor’s advice, he had begun trying a new treatment, and this had kept him at home longer than usual. Now, as he was ascending the platform, he had a pensive air. He was in the habit of making guesses in answer to all sorts of self-put questions by different curious means. Just now he had asked whether the new treatment would be beneficial, and had decided that it would cure his catarrh if the number of steps from the door to his chair would divide by three. He made 26 steps, but managed to get in a 27th just by his chair.
The figures of the president and the members in their uniforms, with gold-embroidered collars, looked very imposing. They seemed to feel this themselves, and, as if overpowered by their own grandeur, hurriedly sat down on the high backed chairs behind the table with the green cloth, on which were a triangular article with an eagle at the top, two glass vases—something like those in which sweetmeats are kept in refreshment rooms—an inkstand, pens, clean paper, and good, newly-cut pencils of different kinds.
The public prosecutor came in with the judges. With his portfolio under one arm, and swinging the other, he hurriedly walked to his seat near the window, and was instantly absorbed in reading and looking through the papers, not wasting a single moment, in hope of being ready when the business commenced. He had been public prosecutor but a short time, and had only prosecuted four times before this. He was very ambitious, and had firmly made up his mind to get on, and therefore thought it necessary to get a conviction whenever he prosecuted. He knew the chief facts of the poisoning case, and had already formed a plan of action. He only wanted to copy out a few points which he required.
The secretary sat on the opposite side of the platform, and, having got ready all the papers he might want, was looking through an article, prohibited by the censor, which he had procured and read the day before. He was anxious to have a talk about this article with the bearded member, who shared his views, but wanted to look through it once more before doing so.
The president, having looked through some papers and put a few questions to the usher and the secretary, gave the order for the prisoners to be brought in.
The door behind the grating was instantly opened, and two gendarmes, with caps on their heads, and holding naked swords in their hands, came in, followed by the prisoners, a red-haired, freckled man, and two women. The man wore a prison cloak, which was too long and too wide for him. He stuck out his thumbs, and held his arms close to his sides, thus keeping the sleeves, which were also too long, from slipping over his hands. Without looking at the judges he gazed steadfastly at the form, and passing to the other side of it, he sat down carefully at the very edge, leaving plenty of room for the others. He fixed his eyes on the president, and began moving the muscles of his cheeks, as if whispering something. The woman who came next was also dressed in a prison cloak, and had a prison kerchief round her head. She had a sallow complexion, no eyebrows or lashes, and very red eyes. This woman appeared perfectly calm. Having caught her cloak against something, she detached it carefully, without any haste, and sat down.
The third prisoner was Maslova.
As soon as she appeared, the eyes of all the men in the court turned her way, and remained fixed on her white face, her sparklingly-brilliant black eyes and the swelling bosom under the prison cloak. Even the gendarme whom she passed on her way to her seat looked at her fixedly till she sat down, and then, as if feeling guilty, hurriedly turned away, shook himself, and began staring at the window in front of him.
The president paused until the prisoners had taken their seats, and when Maslova was seated, turned to the secretary.
Then the usual procedure commenced; the counting of the jury, remarks about those who had not come, the fixing of the fines to be exacted from them, the decisions concerning those who claimed exemption, the appointing of reserve jurymen.
Having folded up some bits of paper and put them in one of the glass vases, the president turned up the gold-embroidered cuffs of his uniform a little way, and began drawing the lots, one by one, and opening them. Nekhludoff was among the jurymen thus drawn. Then, having let down his sleeves, the president requested the priest to swear in the jury.
The old priest, with his puffy, red face, his brown gown, and his gold cross and little order, laboriously moving his stiff legs, came up to the lectern beneath the icon.
The jurymen got up, and crowded towards the lectern.
“Come up, please,” said the priest, pulling at the cross on his breast with his plump hand, and waiting till all the jury had drawn near. When they had all come up the steps of the platform, the priest passed his bald, grey head sideways through the greasy opening of the stole, and, having rearranged his thin hair, he again turned to the jury. “Now, raise your right arms in this way, and put your fingers together, thus,” he said, with his tremulous old voice, lifting his fat, dimpled hand, and putting the thumb and two first fingers together, as if taking a pinch of something. “Now, repeat after me, ‘I promise and swear, by the Almighty God, by His holy gospels, and by the life-giving cross of our Lord, that in this work which,’” he said, pausing between each sentence—“don’t let your arm down; hold it like this,” he remarked to a young man who had lowered his arm—“‘that in this work which . . . ‘”
The dignified man with the whiskers, the colonel, the merchant, and several more held their arms and fingers as the priest required of them, very high, very exactly, as if they liked doing 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.