FOOTNOTES:

FOOTNOTES:[E]A contemptuous diminutive of Liuba. Tr.

[E]A contemptuous diminutive of Liuba. Tr.

[E]A contemptuous diminutive of Liuba. Tr.

As if to spite him, the case dragged out to a weary length. After the examination of the witnesses and the expert, and after all the unnecessary questions by the prosecutor and the attorneys, usually made with an important air, the justiciary told the jury to look at the exhibits, which consisted of an enormous ring with a diamond rosette, evidently made for the forefinger, and a glass tube containing the poison. These were sealed and labeled.

The jury were preparing to view these things, when the prosecutor rose again and demanded that before the exhibits were examined the medical report of the condition of the body be read.

The justiciary was hurrying the case, and though he knew that the reading of the report would only bring ennui and delay the dinner, and that the prosecutor demanded it only because he had the right to do so, he could not refuse the request and gave his consent. The secretary produced the report, and, lisping the letters l and r, began to read in a sad voice.

The external examination disclosed:

1. The height of Therapout Smelkoff was six feet five inches.

"But what a huge fellow," the merchant whispered in Nekhludoff's ear with solicitude.

2. From external appearances he seemed to be about forty years of age.

3. The body had a swollen appearance.

4. The color of the pall was green, streaked with dark spots.

5. The skin on the surface of the body rose in bubbles of various sizes, and in places hung in patches.

6. The hair was dark and thick, and fell off at a slight touch.

7. The eyes came out of their orbits, and the pupils were dull.

8. A frothy, serous fluid flowed continuously from the cavity of the mouth, the nostrils and ears. The mouth was half open.

9. The neck almost disappeared in the swelling of the face and breast, et cetera, et cetera.

Thus, over four pages and twenty-seven clauses, ran the description of the external appearance of the terrible, large, stout, swollen and decomposing body of the merchant who amused himself in the city. The loathing which Nekhludoff felt increased with the reading of the description. Katiousha's life, the sanies running from the nostrils, the eyes that came out of their sockets, and his conduct toward her—all seemed to him to belong to the same order, and he was surrounded and swallowed up by these things. When the reading was finally over, the justiciary sighed deeply and raised his head in the hope that it was all over, but the secretary immediately began to read the report on the internal condition of the body.

The justiciary again bent his head, and, leaning on his hand, closed his eyes. The merchant, who sat near Nekhludoff, barely kept awake, and from time to time swayed his body. The prisoners as well as the gendarmes behind them sat motionless.

The internal examination disclosed:

1. The skin covering of the skull easily detached, and no hemorrhage was noticeable. 2. The skull bones were of average thickness and uninjured. 3. On the hard membrane of the skull there were two small discolored spots of about the size of four centimetres, the membrane itself being of a dull gray color, et cetera, et cetera, to the end of thirteen more clauses.

Then came the names of the witnesses, the signature and deduction of the physician, from which it appeared that the changes found in the stomach, intestines and kidneys justified the conclusion "to a large degree probable" that the death of Smelkoff was due to poison taken into the stomach with a quantity of wine. That it was impossible to tell by the changes in the stomach and intestines the name of the poison; and that the poison came into the stomach mixed with wine could be inferred from the factthat Smelkoff's stomach contained a large quantity of wine.

"He must have drank like a fish," again whispered the awakened merchant.

The reading of this official report, which lasted about two hours, did not satisfy, however, the prosecutor. When it was over the justiciary turned to him, saying:

"I suppose it is superfluous to read the record of the examination of the intestines."

"I would ask that it be read," sternly said the prosecutor without looking at the justiciary, sidewise raising himself, and impressing by the tone of his voice that it was his right to demand it, that he would insist on it, and that a refusal would be ground for appeal.

The associate with the long beard and kind, drooping eyes, who was suffering from catarrh, feeling very weak, turned to the justiciary:

"What is the good of reading it? It will only drag the matter out. These new brooms only take a longer time to sweep, but do not sweep any cleaner."

The associate in the gold eye-glasses said nothing, and gloomily and determinedly looked in front of him, expecting nothing good either from his wife or from the world.

The report commenced thus: "February 15th, 188—. The undersigned, in pursuance of an order, No. 638, of the Medical Department," began the secretary with resolution, raising the pitch of his voice, as if to dispel the drowsiness that seized upon every one present, "and in the presence of the assistant medical director, examined the following intestines:

"1. The right lung and heart (contained in a five-pound glass vial).

"2. The contents of the stomach (contained in a five-pound glass vial).

"3. The stomach itself (contained in a five-pound glass vial).

"4. The kidneys, liver and spleen (contained in a two-and-a-half-pound glass vial).

"5. The entrails (contained in a five-pound earthen jar)."

As the reading of this report began the justiciary leanedover to one of his associates and whispered something, then to the other, and, receiving affirmative answers, interrupted the reading at this point.

"The Court finds the reading of the report superfluous," he said.

The secretary closed reading and gathered up his papers, while the prosecutor angrily began to make notes.

"The gentlemen of the jury may now view the exhibits," said the justiciary.

The foreman and some of the jury rose from their seats, and, holding their hands in awkward positions, approached the table and looked in turn on the ring, vials and jars. The merchant even tried the ring on his finger.

"What a finger he had," he said, returning to his seat. "It must have been the size of a large cucumber," he added, evidently amused by the giant figure of the merchant, as he imagined him.

When the examination of the exhibits was over, the justiciary announced the investigation closed, and, desiring to end the session, gave the word to the prosecutor, in the hope that as he, too, was mortal, he might also wish to smoke or dine, and would have pity on the others. But the prosecutor pitied neither himself nor them. When the word was given him, he rose slowly, displaying his elegant figure, and, placing both hands on the desk, and slightly bending his head, he cast a glance around the court-room, his eyes avoiding the prisoners.

"Gentlemen of the jury, the case which is now to be submitted to your consideration," he began his speech, prepared while the indictment and reports were being read, "is a characteristic crime, if I may so express myself."

The speech of a prosecuting attorney, according to his idea, had to be invested with a social significance, according to the manner of those lawyers who became famous. True, among his hearers were three women; a seamstress,a cook and Simon's sister, also a driver, but that made no difference. Those celebrities also began on a small scale. The prosecutor made it a rule to view the situation from the eminence of his position, i. e., to penetrate into the profound psychological meaning of crime, and bare the ulcers of society.

"Here is before you, gentlemen of the jury, a crime characteristic, if I may so express myself, of the end of our century, bearing, as it were, all the specific features of the first symptoms of decomposition, to which those elements of our society, which are exposed, as it were, to the more scorching rays of that process, are subject."

The prosecutor spoke at great length, endeavoring on the one hand to remember all those wise sayings which he had prepared for the occasion, and on the other, most important, hand, not to stop for a moment, but to make his speech flow uninterruptedly for an hour and a quarter. He stopped only once, for a long time swallowing his saliva, but he immediately mastered himself and made up for the lost time by a greater flow of eloquence. He spoke in a gentle, insinuating voice, resting now on one foot, now on the other, and looking at the jury; then changed to a calm, business tone, consulting his note-book, and again he thundered accusations, turning now to the spectators, now to the jury. But he never looked at the prisoners, all three of whom stared at him. He incorporated into his speech all the latest ideas then in vogue in the circle of his acquaintances, and what was then and is now received as the last word of scientific wisdom. He spoke of heredity, of innate criminality, of Lombroso, of Charcot, of evolution, of the struggle for existence, of hypnotism, of hypnotic suggestion, and of decadence.

The merchant Smelkoff, according to the prosecutor, was a type of the great, pure Russian, with his broad nature, who, in consequence of his trusting nature and generosity, had become a victim of a gang of corrupt people, into whose hands he had fallen.

Simon Kartinkin was the atavistic production of serfdom, stupid, without education, and even without religion. Euphemia was his mistress, and a victim of heredity. Allthe symptoms of degenerate life were in her. But the ruling spirit in this crime was Maslova, who was the mouthpiece of the lowest phenomenon of decadence. "This woman," said the prosecutor without looking at her, "received an education—you have heard here the evidence of her mistress. Not only can she read and write, but she can speak French. She is an orphan, and probably bears the germs of criminality in her. She was raised in an intelligent, noble family, and could make her living by honest toil, but she leaves them, yields to her passions, and displays an intelligence, and especially, as you have heard here, gentlemen of the jury, an ability to exert influence on people by that mysterious, lately discovered by science, especially by the school of Charcot, power known by the name of hypnotic suggestion. By the aid of this power she gets control over this hero—a kind, trustful, rich guest, and uses his confidence first to rob him, and then to pitilessly murder him."

"But he is wandering away," said the justiciary, smiling and leaning over to the stern associate.

"What an awful blockhead!" said the stern associate.

"Gentlemen of the jury!" the prosecutor continued meanwhile, gracefully swaying his slim body. "The fate of these people is in your hands, as is to some extent the fate of society, which is influenced by your verdict. You must fathom the significance of this crime, the danger to society that lurks in such pathological, as it were, individuals as Maslova. You must guard it against infection; it is your duty to guard the innocent, healthy elements of society against contagion, if not destruction."

And as if himself impressed with the importance of the verdict, and evidently greatly delighted with his speech, the prosecutor took his seat.

The burden of his speech, if we eliminate the flights of eloquence, was to the effect that Maslova, after gaining the merchant's confidence, hypnotized him, and that, arriving at the inn with the key to the merchant's trunk, she intended to steal the money herself, but, being discovered by Simon and Euphemia, was obliged to divide with them. That afterward, desiring to conceal thetraces of her crime, she returned with the merchant to the inn and administered poison to him.

When the prosecutor had finished his speech, a middle-aged man, in a dress coat and wide semi-circle of starched shirt front, rose from the lawyer's bench, and boldly began to deliver a speech in defense of Kartinkin and Bochkova. He was a lawyer hired by them for three hundred rubles. He declared them both innocent, and threw all the blame on Maslova.

He belittled the deposition of Maslova relating to the presence of Bochkova and Kartinkin when she took the money, and insisted that, as she had confessed to poisoning the merchant, her evidence could have no weight. The twenty-five hundred rubles could have been earned by two hard working and honest persons, who were receiving in tips three to four rubles a day from guests. The merchant's money was stolen by Maslova, who either gave it to some one for safe keeping, or lost it, which was not unlikely, as she was not in a normal condition. The poisoning was done by Maslova alone.

For these reasons he asked the jury to acquit Kartinkin and Bochkova of stealing the money; or, if they found them guilty of stealing he asked for a verdict of theft, but without participation in the poisoning, and without conspiracy.

In conclusion, this lawyer made a thrust at the prosecuting attorney by remarking that, although the splendid reasonings of the prosecutor on heredity explain the scientific questions of heredity, they hardly hold good in the case of Bochkova, since her parentage was unknown.

The prosecutor, growling, began to make notes, and shrugged his shoulders in contemptuous surprise.

Next rose Maslova's lawyer, and timidly and falteringly began his speech in her defense. Without denying that Maslova participated in the theft, he insisted that she had no intention of poisoning Smelkoff, but gave him the powder in order to make him sleep. When he described Maslova's unfortunate life, telling how she had been drawn into a life of vice by a man who went unpunished, while she was left to bear the whole burden of her fall, he attempted to become eloquent, but his excursion intothe domain of psychology failed, so that everybody felt awkward. When he began to mutter about man's cruelty and woman's helplessness, the justiciary, desiring to help him, asked him to confine himself to the facts of the case.

After this lawyer had finished the prosecutor rose again and defended his position on the question of heredity against the first lawyer, stating that the fact that Bochkova's parentage was unknown did not invalidate the truth of the theory of heredity; that the law of heredity is so well established by science that not only can one deduce the crime from heredity, but heredity from the crime. As to the statement of the defense that Maslova was drawn into a vicious life by an imaginary (he pronounced the word imaginary with particular virulence) man, he could say that all facts rather pointed to her being the seducer of many victims who were unfortunate enough to fall into her hands. Saying which he sat down in triumph.

The prisoners were then allowed to make any statements they wished in their behalf.

Euphemia Bochkova repeated her statement that she knew nothing, had not taken part in anything, and persistently pointed at Maslova as the only guilty person. Simon only repeated several times:

"Do what you please with me, only it is all for nothing."

Maslova was silent. When asked what she had to say in her defense, she only lifted her eyes on the justiciary, looked around like a hunted animal, and immediately lowering them began to sob aloud.

"What is the matter?" asked the merchant of Nekhludoff, hearing a strange sound escaping the latter's lips. It was a suppressed sob.

Nekhludoff did not yet realize the significance of his present position, and the scarcely suppressed sob and the tears that welled up in his eyes he ascribed to the weakness of his nerves. He put on his pince-nez to hide them, and, drawing a handkerchief from his pocket, began to blow his nose.

His fear of the disgrace that would fall upon him if everybody in the court-room were to find out his conduct toward her stifled the struggle that was going onwithin him. At this time fear outweighed in him every other feeling.

After the last words of the prisoners had been heard, and the lengthy arguments over the form in which the questions were to be put to the jury were over, the questions were finally agreed upon, and the justiciary began to deliver his instructions to the jury.

Although he was anxious to finish the case, he was so carried away that when he started to speak he could not stop himself. He told the jury at great length that if they found the prisoners guilty, they had the right to return a verdict of guilty, and if they found them not guilty, they had the right to return a verdict of not guilty. If, however they found them guilty of one charge, and not guilty of the other, they might bring in a verdict of guilty of the one and not guilty of the other. He further explained to them that they must exercise this power intelligently. He also intended to explain to them that if they gave an affirmative answer to a question, they would thereby affirm everything involved in the question, and that if they did not desire to affirm everything involved in the question, they must distinguish the part they affirmed from the part they disaffirmed. But, seeing on the clock that it was five minutes of three, he decided to pass over to a statement of the case.

"The facts of this case are the following," he began, repeating everything that had been stated over and over again by the defendants' attorneys, the prosecutor and the witnesses. While the justiciary was charging the jury his associates thoughtfully listened, and now and then glanced at the clock. They thought that although his charge was sound, i. e., as it should be, it was too long. Of the same opinion was the prosecutor, as well as all those connected with the court, including the spectators. The justiciary concluded his charge.

It was thought he had finished. But the justiciary found it necessary to add a few words concerning theimportance of the power given to the jury; that it should be used with care, and should not be abused; that they had taken an oath; that they were the conscience of society, and that the secrecy of the consultation room was sacred, etc., etc.

From the moment the justiciary began to speak, Maslova kept her eyes on him, as if she feared to miss a word, so that Nekhludoff was not afraid to meet her gaze, and constantly looked at her. And before his imagination arose that common phenomenon of the appearance of a long absent, beloved face, which, after the first shock produced by the external changes which have taken place during the long absence, gradually becomes the same as it was many years ago—all the past changes disappear, and before the spiritual eyes stands forth the main expression of the peculiar spiritual individuality. This happened with Nekhludoff.

Yes, notwithstanding the prison garb, the bloated body and the high breast; notwithstanding the distended lower part of the face, the wrinkles on the forehead and the temples, and the swelling under the eyes, it was undoubtedly that same Katiousha who on Easter Sunday looked up to him, her beloved, with her enamored, smiling, happy, lively eyes.

"What a remarkable coincidence! That this case should be tried during my term! That, without seeing her for ten years, I should meet her here in the prisoner's dock! And what will be the end? Ah, I wish it were over!"

He would not yield to the feeling of repentance which spoke within him. He considered it an incident which would soon pass away without disturbing his life. He felt himself in the position of a puppy who had misbehaved in his master's rooms, and whom his master, taking him by the neck, thrust into the dirt he had made. The puppy squeals, pulls back in his effort to escape the consequences of his deed, which he wishes to forget, but the inexorable master holds him fast. Thus Nekhludoff felt the foulness of his act, and he also felt the powerful hand of the master, but did not yet understand the significance of his act, did not recognize the master. He did not wish to believe that what he saw before him was the result ofhis own deed. But the inexorable, invisible hand held him fast, and he had a foreboding that he should not escape. He summoned up his courage, crossed his legs, as was his wont, and, negligently playing with his pince-nez, he sat with an air of self-confidence on the second chair of the front row. Meanwhile he already felt in the depth of his soul all the cruelty, dastardliness and baseness not only of that act of his, but of his whole idle, dissolute, cruel and wayward life. And the terrible veil, which during these twelve years in such marvelous manner had hidden from him that crime and all his subsequent life, already began to stir, and now and then he caught a glimpse behind it.

The justiciary finally finished his speech and handed the list of questions to the foreman. The jury rose from their seats, glad of an opportunity to leave the court-room, and, not knowing what to do with their hands, as if ashamed of something, they filed into the consultation-room. As soon as the door closed behind them a gendarme, with drawn sword resting on his shoulder, placed himself in front of it. The judges rose and went out. The prisoners also were led away.

On entering the consultation-room the jury immediately produced cigarettes and began to smoke. The sense of their unnatural and false position, of which they were to a greater or less degree cognizant, while sitting in the court-room, passed away as soon as they entered their room and lighted their cigarettes, and, with a feeling of relief, they seated themselves and immediately started an animated conversation.

"The girl is not guilty, she was confused," said the kind-hearted merchant.

"That is what we are going to consider," retorted the foreman. "We must not yield to our personal impressions."

"The judge's summing up was good," said the colonel.

"Do you call it good? It nearly sent me to sleep."

"The important point is that the servants could not have known that there was money in the room if Maslova had no understanding with them," said the clerk with the Jewish face.

"So you think that she stole it?" asked one of the jury.

"I will never believe that," shouted the kind-hearted merchant. "It is all the work of that red-eyed wench."

"They are all alike," said the colonel.

"But she said that she did not go into the room."

"Do you believe her more than the other? I should never believe that worthless woman."

"That does not decide the question," said the clerk.

"She had the key."

"What if she had?" answered the merchant.

"And the ring?"

"She explained it," again shouted the merchant. "It is quite likely that being drunk he struck her. Well, and then he was sorry, of course. 'There, don't cry! Take this ring.' And what a big man! They said he weighed about two hundred and fifty pounds, I believe."

"That is not the point," interrupted Peter Gerasimovich. "The question is, Was she the instigator, or were the servants?"

"The servants could not have done it without her. She had the key."

This incoherent conversation lasted for a long time.

"Excuse me, gentlemen," said the foreman. "Let us sit down and consider the matter. Take your seats," he added, seating himself in the foreman's chair.

"These girls are rogues," said the clerk, and to sustain his opinion that Maslova was the chief culprit, he related how one of those girls once stole a watch from a friend of his.

As a case in point the colonel related the bolder theft of a silversamovar.

"Gentlemen, let us take up the questions," said the foreman, rapping on the table with a pencil.

They became silent. The questions submitted were:

1. Is the peasant of the village of Barkoff, district of Krapivensk, Simon Petroff Kartinkin, thirty-three years of age, guilty of having, with the design of taking the life of Smelkoff and robbing him, administered to him poisonin a glass of brandy, which caused the death of Smelkoff, and of afterward robbing him of twenty-five hundred rubles and a diamond ring?

2. Is the burgess Euphemia Ivanovna Bochkova, forty-seven years of age, guilty of the crime mentioned in the first question?

3. Is the burgess KatherineMichaelovna Maslova, twenty-seven years of age, guilty of the crime mentioned in the first question?

4. If the prisoner Euphemia Bochkova is not guilty of the crime set forth in the first question, is she not guilty of secretly stealing, while employed in the Hotel Mauritania, on the 17th day of January, 188—, twenty-five hundred rubles from the trunk of the merchant Smelkoff, to which end she opened the trunk in the hotel with a key brought and fitted by her?

The foreman read the first question.

"Well, gentlemen, what do you think?"

This question was quickly answered. They all agreed to answer "Guilty." The only one that dissented was an old laborer, whose answer to all questions was "Not guilty."

The foreman thought that he did not understand the questions and proceeded to explain that from all the facts it was evident that Kartinkin and Bochkova were guilty, but the laborer answered that he did understand them, and that he thought that they ought to be charitable. "We are not saints ourselves," he said, and did not change his opinion.

The second question, relating to Bochkova, after many arguments and elucidations, was answered "Not guilty," because there was no clear proof that she participated in the poisoning—a fact on which her lawyer put much stress.

The merchant, desiring to acquit Maslova, insisted that Bochkova was the author of the conspiracy. Many of the jurymen agreed with him, but the foreman, desiring to conform strictly to the law, said that there was no foundation for the charge of poisoning against her. After a lengthy argument the foreman's opinion triumphed.

The fourth question, relating to Bochkova, wasanswered "Guilty," but at the insistence of the laborer, she was recommended to the mercy of the court.

The third question called forth fierce argument. The foreman insisted that she was guilty of both the poisoning and robbery; the merchant, colonel, clerk and laborer opposed this view, while the others hesitated, but the opinion of the foreman began to predominate, principally because the jury were tired out, and they willingly joined the side which promised to prevail the sooner, and consequently release them quicker.

From all that occurred at the trial and his knowledge of Maslova, Nekhludoff was convinced that she was innocent, and at first was confident that the other jurors would so find her, but when he saw that because of the merchant's bungling defense of Maslova, evidently prompted by his undisguised liking for her, and the foreman's resistance which it caused, but chiefly because of the weariness of the jury, there was likely to be a verdict of guilty, he wished to make objection, but feared to speak in her favor lest his relations toward her should be disclosed. At the same time he felt that he could not let things go on without making his objections. He blushed and grew pale in turn, and was about to speak, when Peter Gerasimovich, heretofore silent, evidently exasperated by the authoritative manner of the foreman, suddenly began to make the very objections Nekhludoff intended to make.

"Permit me to say a few words," he began. "You say that she stole the money because she had the key; but the servants could have opened the trunk with a false key after she was gone."

"Of course, of course," the merchant came to his support.

"She could not have taken the money because she would have nowhere to hide it."

"That is what I said," the merchant encouraged him.

"It is more likely that her coming to the hotel for the money suggested to the servants the idea of stealing it; that they stole it and then threw it all upon her."

Peter Gerasimovich spoke provokingly, which communicated itself to the foreman. As a result the latter began to defend his position more persistently. But Peter Gerasimovich spoke so convincingly that he won over themajority, and it was finally decided that she was not guilty of the theft. When, however, they began to discuss the part she had taken in the poisoning, her warm supporter, the merchant, argued that this charge must also be dismissed, as she had no motive for poisoning him. The foreman insisted that she could not be declared innocent on that charge, because she herself confessed to giving him the powder.

"But she thought that it was opium," said the merchant.

"She could have killed him even with the opium," retorted the colonel, who liked to make digressions, and he began to relate the case of his brother-in-law's wife, who had been poisoned by opium and would have died had not antidotes promptly been administered by a physician who happened to be in the neighborhood. The colonel spoke so impressively and with such self-confidence and dignity that no one dared to interrupt him. Only the clerk, infected by the example set by the colonel, thought of telling a story of his own.

"Some people get so accustomed to opium," he began, "that they can take forty drops at a time. A relative of mine——"

But the colonel would brook no interruption, and went on to tell of the effect of the opium on his brother-in-law's wife.

"It is five o'clock, gentlemen," said one of the jury.

"What do you say, gentlemen," said the foreman. "We find her guilty, but without the intent to rob, and without stealing any property—is that correct?"

Peter Gerasimovich, pleased with the victory he had gained, agreed to the verdict.

"And we recommend her to the mercy of the court," added the merchant.

Every one agreed except the laborer, who insisted on a verdict of "Not guilty."

"But that is the meaning of the verdict," explained the foreman. "Without the intent to rob, and without stealing any property—hence she is not guilty."

"Don't forget to throw in the recommendation to mercy. If there be anything left that will wipe it out," joyfully said the merchant. They were so tired and thearguments had so confused them that it did not occur to any one to add "but without the intent to cause the death of the merchant."

Nekhludoff was so excited that he did not notice it. The answers were in this form taken to the court.

Rabelais relates the story of a jurist who was trying a case, and who, after citing innumerable laws and reading twenty pages of incomprehensible judicial Latin, made an offer to the litigants to throw dice; if an even number fell then the plaintiff was right; if an odd number the defendant was right.

It was the same here. The verdict was reached not because the majority of the jury agreed to it, but first because the justiciary had so drawn out his speech that he failed to properly instruct the jury; second, because the colonel's story about his brother-in-law's wife was tedious; third, because Nekhludoff was so excited that he did not notice the omission of the clause limiting the intent in the answer, and thought that the words "without intent to rob" negatively answered the question; fourth, because Peter Gerasimovich was not in the room when the foreman read the questions and answers, and chiefly because the jury were tired out and were anxious to get away, and therefore agreed to the verdict which it was easiest to reach.

They rang the bell. The gendarme sheathed his sword and stood aside. The judges, one by one, took their seats and the jury filed out.

The foreman held the list with a solemn air. He approached the justiciary and handed it to him. The justiciary read it, and, with evident surprise, turned to consult with his associates. He was surprised that the jury, in limiting the charge by the words, "without intent to rob," should fail to add also "without intent to cause death." It followed from the decision of the jury, that Maslova had not stolen or robbed, but had poisoned a man without any apparent reason.

"Just see what an absurd decision they have reached," he said to the associate on his left. "This means hard labor for her, and she is not guilty."

"Why not guilty?" said the stern associate.

"She is simply not guilty. I think that chapter 818 might properly be applied to this case." (Chapter 818 gives the court the power to set aside an unjust verdict.)

"What do you think?" he asked the kind associate.

"I agree with you."

"And you?" he asked the choleric associate.

"By no means," he answered, decidedly. "As it is, the papers say that too many criminals are discharged by juries. What will they say, then, if the court should discharge them? I will not agree under any circumstances."

The justiciary looked at the clock.

"It is a pity, but what can I do?" and he handed the questions to the foreman.

They all rose, and the foreman, standing now on one foot, now on the other, cleared his throat and read the questions and answers. All the officers of the court—the secretary, the lawyers and even the prosecutor—expressed surprise.

The prisoners, who evidently did not understand the significance of the answers, were serene. When the reading was over, the justiciary asked the prosecutor what punishment he thought should be imposed on the prisoners.

The prosecutor, elated by the successful verdict against Maslova, which he ascribed to his eloquence, consulted some books, then rose and said:

"Simon Kartinkin, I think, should be punished according to chapter 1,452, sec. 4, and chapter 1,453; Euphemia Bochkova according to chapter 1,659, and Katherine Maslova according to chapter 1,454."

All these were the severest punishments that could be imposed for the crimes.

"The court will retire to consider their decision," said the justiciary, rising.

Everybody then rose, and, with a relieved and pleasant feeling of having fulfilled an important duty, walked around the court-room.

"What a shameful mess we have made of it," said Peter Gerasimovitch, approaching Nekhludoff, to whom the foreman was telling a story. "Why, we have sentenced her to hard labor."

"Is it possible?" exclaimed Nekhludoff, taking no notice at all this time of the unpleasant familiarity of the tutor.

"Why, of course," he said. "We have not inserted in the answer, 'Guilty, but without intent to cause death.' The secretary has just told me that the law cited by the prosecutor provides fifteen years' hard labor."

"But that was our verdict," said the foreman.

Peter Gerasimovitch began to argue that it was self-evident that as she did not steal the money she could not have intended to take the merchant's life.

"But I read the questions before we left the room," the foreman justified himself, "and no one objected."

"I was leaving the room at the time," said Peter Gerasimovitch. "But how did you come to miss it?"

"I did not think of it," answered Nekhludoff.

"You did not!"

"We can right it yet," said Nekhludoff.

"No, we cannot—it is all over now."

Nekhludoff looked at the prisoners. While their fate was being decided, they sat motionless behind the grating in front of the soldiers. Maslova was smiling.

Nekhludoff's soul was stirred by evil thoughts. When he thought that she would be freed and remain in the city, he was undecided how he should act toward her, and it was a difficult matter. But Siberia and penal servitude at once destroyed the possibility of their meeting again. The wounded bird would stop struggling in the game-bag, and would no longer remind him of its existence.

The apprehensions of Peter Gerasimovitch were justified.

On returning from the consultation-room the justiciary produced a document and read the following:

"By order of His Imperial Majesty, the Criminal Division of the —— Circuit Court, in conformity with the finding of the jury, and in accordance with ch. 771, s. 3, andch. 776, s. 3, and ch. 777 of the Code of Criminal Procedure, this 28th day of April, 188—, decrees that Simon Kartinkin, thirty-three years of age, and Katherine Maslova, twenty-seven years of age, be deprived of all civil rights, and sent to penal servitude, Kartinkin for eight, Maslova for the term of four years, under conditions prescribed by ch. 25 of the Code. Euphemia Bochkova is deprived of all civil and special rights and privileges, and is to be confined in jail for the period of three years under conditions prescribed by ch. 49 of the Code, with the costs of the trial to be borne by all three, and in case of their inability to pay, to be paid out of the treasury.

"The exhibits are to be sold, the ring returned, and the vials destroyed."

Kartinkin stood like a post, and with outstretched fingers held up the sleeves of his coat, moving his jaws. Bochkova seemed to be calm. When Maslova heard the decision, she turned red in the face.

"I am innocent, I am innocent!" she suddenly cried. "It is a sin. I am innocent. I never wished; never thought. It is the truth." And sinking to the bench, she began to cry aloud.

When Kartinkin and Bochkova left the court-room she was still standing and crying, so that the gendarme had to touch the sleeve of her coat.

"She cannot be left to her fate," said Nekhludoff to himself, entirely forgetting his evil thoughts, and, without knowing why, he ran into the corridor to look at her again. He was detained at the door for a few minutes by the jostling, animated crowd of jurors and lawyers, who were glad that the case was over, so that when he reached the corridor Maslova was some distance away. Without thinking of the attention he was attracting, with quick step he overtook her, walked a little ahead of her and stopped. She had ceased to cry, only a sob escaped her now and then while she wiped her tears with a corner of her 'kerchief. She passed him without turning to look at him. He then hastily returned to see the justiciary. The latter had left his room, and Nekhludoff found him in the porter's lodge.

"Judge," said Nekhludoff, approaching him at themoment when he was putting on a light overcoat and taking a silver-handled cane which the porter handed him, "may I speak to you about the case that has just been tried? I am a juror."

"Why, of course, Prince Nekhludoff! I am delighted to see you. We have met before," said the justiciary, pressing his hand, and recalling with pleasure that he was the jolliest fellow and best dancer of all the young men on the evening he had met him. "What can I do for you?"

"There was a mistake in the jury's finding against Maslova. She is not guilty of poisoning, and yet she is sent to penal servitude," he said, with a gloomy countenance.

"The court gave its decision in accordance with your own finding," answered the justiciary, moving toward the door, "although the answers did not seem to suit the case."

He remembered that he intended to explain to the jury that an answer of guilty without a denial of intent to kill involved an intent to kill, but, as he was hastening to terminate the proceedings, he failed to do so.

"But could not the mistake be rectified?"

"Cause for appeal can always be found. You must see a lawyer," said the justiciary, putting on his hat a little on one side and continuing to move toward the door.

"But this is terrible."

"You see, one of two things confronted Maslova," the justiciary said, evidently desiring to be as pleasant and polite with Nekhludoff as possible. Then, arranging his side-whiskers over his coat collar, and taking Nekhludoff's arm, he led him toward the door. "You are also going?" he continued.

"Yes," said Nekhludoff, hastily donning his overcoat and following him.

They came out into the bright, cheerful sunlight, where the rattling of wheels on the pavement made it necessary to raise their voices.

"The situation, you see, is a very curious one," continued the justiciary. "Maslova was confronted by one of two things: either a short term in jail, in which case her lengthy confinement would have been taken intoconsideration, or penal servitude; no other sentence was possible. Had you added the words, 'without intent to kill,' she would have been discharged."

"It is unpardonable neglect on my part," said Nekhludoff.

"That is the whole trouble," the justiciary said, smiling and looking at his watch.

There was only three-quarters of an hour left to the latest hour fixed in Clara's appointment.

"You can apply to a lawyer, if you wish. It is necessary to find grounds for appeal. But that can always be found. To the Dvorianskaia," he said to the cab-driver. "Thirty kopecks—I never pay more."

"All right, Your Excellency."

"Good-day. If I can be of any service to you, please let me know. You will easily remember my address: Dvornikoff's house, on the Dvorinskaia."

And, making a graceful bow, he rode off.

The conversation with the justiciary and the pure air somewhat calmed Nekhludoff. The feeling he experienced he now ascribed to the fact that he had passed the day amid surroundings to which he was unaccustomed.

"It is certainly a remarkable coincidence! I must do what is necessary to alleviate her lot, and do it quickly. Yes, I must find out here where Fanarin or Mikishin lives."Nekhludoff called to mind these two well-known lawyers.

Nekhludoff returned to the court-house, took off his overcoat and walked up the stairs. In the very first corridor he met Fanarin. He stopped him and told him that he had some business with him. Fanarin knew him by sight, and also his name. He told Nekhludoff that he would be glad to do anything to please him.

"I am rather tired, but, if it won't take long, I will listen to your case. Let us walk into that room."

And Fanarin led Nekhludoff into a room, probablythe cabinet of some judge. They seated themselves at a table.

"Well, state your case."

"First of all, I will ask you," said Nekhludoff, "not to disclose that I am interesting myself in this case."

"That is understood. Well?"

"I was on a jury to-day, and we sent an innocent woman to Siberia. It torments me."

To his own surprise, Nekhludoff blushed and hesitated. Fanarin glanced at him, then lowered his eyes and listened.

"Well?"

"We condemned an innocent woman, and I would like to have the case appealed to a higher court."

"To the Senate?" Fanarin corrected him.

"And I wish you to take the case."

Nekhludoff wanted to get through the most difficult part, and therefore immediately added:

"I take all expenses on myself, whatever they may be," he said, blushing.

"Well, we will arrange all that," said the lawyer, condescendingly smiling at Nekhludoff's inexperience.

"What are the facts of the case?"

Nekhludoff related them.

"Very well; I will examine the record to-morrow. Call at my office the day after—no, better on Thursday, at six o'clock in the evening, and I will give you an answer. And now let us go; I must make some inquiries here."

Nekhludoff bade him good-by, and departed.

His conversation with the lawyer, and the fact that he had already taken steps to defend Maslova, still more calmed his spirit. The weather was fine, and when Nekhludoff found himself on the street, he gladly inhaled the spring air. Cab drivers offered their services, but he preferred to walk, and a swarm of thoughts and recollections of Katiousha and his conduct toward her immediately filled his head. He became sad, and everything appeared to him gloomy. "No, I will consider it later," he said to himself, "and now I must have some diversion from these painful impressions."

The dinner at the Korchagin's came to his mind, andhe looked at his watch. It was not too late to reach there for dinner. A tram-car passed by. He ran after it, and boarded it at a bound. On the square he jumped off, took one of the best cabs, and ten minutes later he alighted in front of Korchagin's large dwelling.

"Walk in, Your Excellency, you are expected," said the fat porter, pushing open the swinging, oaken door of the entrance. "They are dining, but I was told to admit you."

The porter walked to the stairway and rang the bell.

"Are there any guests?" Nekhludoff asked, while taking off his coat.

"Mr. Kolosoff, also Michael Sergeievich, besides the family," answered the porter.

A fine-looking lackey in dress coat and white gloves looked down from the top of the stairs.

"Please to walk in, Your Excellency," he said.

Nekhludoff mounted the stairs, and through the spacious and magnificent parlor he entered the dining-room. Around the table were seated the entire family, except Princess Sophia Vasilievna, who never left her own apartments. At the head of the table sat old Korchagin, on his left the physician; on his right, a visitor, Ivan Ivanovich Kolosoff, an ex-district commander, and now a bank manager, who was a friend of the family, and of liberal tendencies; further to the left was Miss Rader, governess to Missy's four-year-old sister, with the little girl herself; then to the right, Missy's only brother, Peter, a high-school pupil, on account of whose forthcoming examinations the entire family remained in the city, and his tutor, also a student; then again to the left, Katherine Alexeievna, a forty-year-old girl Slavophile; opposite to her was Michael Sergeievich, or Misha Telegin, Missy's cousin, and at the foot of the table, Missy herself, and beside her, on the table, lay an extra cover.

"Ah, very glad you came! Take a seat! We are stillat the fish," chewing carefully with his false teeth old Korchagin said, lifting his bloodshot eyes on Nekhludoff. "Stepan!" he turned with a full mouth to the fat, majestic servant, pointing with his eyes to Nekhludoff's plate. Although Nekhludoff had often dined with and knew Korchagin well, this evening his old face, his sensual, smacking lips, the napkin stuck under his vest, the fat neck, and especially the well-fed, military figure made an unpleasant impression on him.

"It is all ready, Your Excellency," said Stepan, taking a soup ladle from the sideboard and nodding to the fine-looking servant with the side-whiskers, who immediately began to set the table beside Missy.

Nekhludoff went around the table shaking hands with every one. All, except Korchagin and the ladies, rose from their seats when he approached them. And this walking around the table and his handshaking, although most of the people were comparative strangers to him, this evening seemed to Nekhludoff particularly unpleasant and ridiculous. He excused himself for his late coming, and was about to seat himself at the end of the table between Missy and Katherine Alexeievna, when old Korchagin demanded that, since he would not take any brandy, he should first take a bite at the table, on which were lobster, caviare, cheese and herring. Nekhludoff did not know he was as hungry as he turned out to be, and when he tasted of some cheese and bread he could not stop eating, and ate ravenously.

"Well? Have you been undermining the bases of society?" asked Kolosoff, ironically, using an expression of a retrogressive newspaper, which was attacking the jury system. "You have acquitted the guilty and condemned the innocent? Have you?"

"Undermining the bases—undermining the bases"—smilingly repeated the Prince, who had boundless confidence in the intelligence and honesty of his liberal comrade and friend.

Nekhludoff, at the risk of being impolite, did not answer Kolosoff, and, seating himself before the steaming soup, continued to eat.

"Do let him eat," said Missy, smiling. By the pronoun"him," she meant to call attention to her intimacy with Nekhludoff.

Meanwhile Kolosoff was energetically and loudly discussing the article against trial by jury which had roused his indignation. Michael Sergeievich supported his contentions and quoted the contents of another similar article.

Missy, as usual, was verydistingueand unobtrusively well dressed. She waited until Nekhludoff had swallowed the mouthful he was chewing, and then said: "You must be very tired and hungry."

"Not particularly. Are you? Have you been to the exhibition?" he asked.

"No, we postponed it. But we went to play lawn tennis at the Salamatoff's. Mister Crooks is really a remarkable player."

Nekhludoff had came here for recreation, and it was always pleasant to him to be in this house, not only because of the elegant luxury, which acted pleasantly on his senses, but because of the adulating kindnesses with which they invisibly surrounded him. To-day, however—it is wonderful to relate—everything in this house disgusted him; the porter, the broad stairway, the flowers, the lackeys, the table decorations, and even Missy herself, who, just now, seemed to him unattractive and unnatural. He was disgusted with that self-confident, vulgar, liberal tone of Kolosoff, the bull-like, sensual, figure of old Korchagin, the French phrases of the Slavophile maiden, the ceremonious faces of the governess and the tutor. But above all, he was disgusted with the pronoun "him" that Missy had used. Nekhludoff was always wavering between two different relations he sustained toward Missy. Sometimes he looked at her as through blinking eyes or by moonlight, and then she seemed to him beautiful, fresh, pretty, clever and natural. At other times he looked at her as if under a bright sun, and then he saw only her defects. To-day was such a day. He saw the wrinkles on her face; saw the artificial arrangement of her hair; the pointed elbows, and, above all, her large thumb nail, resembling that of her father.

"It is the dullest game," Kolosoff said, speaking oftennis, "baseball, as we played it when we were boys, is much more amusing."

"You have not tried it. It is awfully interesting," retorted Missy, unnaturally accentuating the word "awfully," as it seemed to Nekhludoff.

A discussion arose in which Michael Sergeievich and Katherine Alexeievna took part. Only the governess, the tutor and the children were silent, evidently from ennui.

"They are eternally disputing!" laughing aloud, said old Korchagin. He pulled the napkin from his vest, and, noisily pushing back his chair, which was immediately removed by a servant, rose from the table. They all rose after him and went to a small table, on which stood figured bowls filled with perfumed water; then they washed their finger-tips and rinsed their mouths, and continued their conversation, in which no one took any interest.

"Is it not true?" Missy said to Nekhludoff, desiring to receive confirmation of her opinion that man's character can best be learned in play. She noticed on his thoughtful face an expression of reproach, which inspired her with fear, and she wished to know the cause of it.

"I really don't know. I never thought of it," answered Nekhludoff.

"Will you go to mamma?" asked Missy.

"Yes, yes," he said, producing a cigarette. The tone of his voice plainly betrayed that he did not wish to go.

She looked at him inquiringly, but was silent. He felt ashamed. "It is hardly proper for me to come here to put people out of temper," he thought, and, in an effort to be pleasant, he said that he would go with pleasure if the Princess were in a mood to receive him.

"Yes, yes; mamma will be glad. You can smoke there also. And Ivan Ivanovich is with her."

The mistress of the house, Sophia Vasilievna, was an invalid. For eight years she had reclined in laces and ribbons, amid velvet, gilding, ivory, bronzes and flowers. She never drove out, and received only her "friends," i. e., whoever, according to her view, in any way distinguished himself from the crowd. Nekhludoff was one of these friends, not only because he was considered a clever young man, but also because his mother was a closefriend of the family and he was a desirable match for Missy.

Her room was beyond the small and large drawing-rooms. In the large drawing-room Missy, who preceded Nekhludoff, suddenly stopped, and placing her hands on the back of a gilt chair, looked at him.

Missy was very anxious to be married, and Nekhludoff was a desirable party. Besides, she liked him, and had become accustomed to the thought that he would belong to her, and not she to him, and, with the unconscious but persistent craftiness of heart-sick persons, she gained her end. She addressed him now with the intention of bringing forth an explanation.

"I see that something has happened to you," she said. "What is the matter with you?"

The meeting in the court came to his mind, and he frowned and blushed.

"Yes, something has happened," he said, desiring to be truthful. "It was a strange, extraordinary and important event."

"What was it? Can't you tell me?"

"Not now. Don't press me for an answer. I have not had the time to think over the matter," he said, blushing still more.

"And you will not tell me?" The muscles on her cheek quivered, and she pushed away the chair.

"No, I cannot," he answered, feeling that answering her thus he answered himself—admitted to himself that something very important had really happened to him.

"Well, then, come!"

She shook her head as if desiring to drive away undesirable thoughts, and walked forward with a quicker step than usual.

It seemed to him that she unnaturally compressed her lips in order to suppress her tears. It was painful to him to grieve her, but he knew that the slightest weakness would ruin him, i. e., bind him. And this he feared more than anything else to-day, so he silently followed her to the door of the Princess' apartments.

Princess Sophia Vasilievna had finished her meal of choice and nourishing dishes, which she always took alone, that no one might see her performing that unpoetical function. A cup of coffee stood on a small table near her couch, and she was smoking a cigarette. Princess Sophia Vasilievna was a lean and tall brunette, with long teeth and large black eyes, who desired to pass for a young woman.

People were making unpleasant remarks about her relations with the doctor. Formerly Nekhludoff had paid no attention to them. But to-day, the sight of the doctor, with his oily, sleek head, which was parted in the middle, sitting near her couch, was repulsive to him.

Beside the Princess sat Kolosoff, stirring the coffee. A glass of liquor was on the table.

Missy entered, together with Nekhludoff, but she did not remain in the room.

"When mamma gets tired of you and drives you away, come to my room," she said, turning to Nekhludoff, as if nothing had happened, and, smiling cheerfully, she walked out of the room, her steps deadened by the heavy carpet.

"Well, how do you do, my friend? Sit down and tell us the news," said Sophia Vasilievna, with an artful, feigned, resembling a perfectly natural, smile, which displayed her beautiful, long, skillfully made, almost natural-looking teeth. "I am told that you returned from the court in very gloomy spirits. It must be very painful to people with a heart," she said in French.

"Yes, that is true," said Nekhludoff. "One often feels his—feels that he has no right to judge others."

"Comme c'est vrai!" she exclaimed, as if struck by the truth of the remark, and, as usual, artfully flattering her friend.

"And what about your picture? It interests me very much," she added. "Were it not for my indisposition, I should have visited you long ago."

"I have given up painting entirely," he answered dryly. Her unjust flattery was as apparent to him to-day as was her age, which she attempted to conceal. Try as he would, he could not force himself to be pleasant.

"It is too bad! You know, Riepin himself told me that Nekhludoff possesses undoubted talent," she said, turning to Kolosoff.

"What a shameless liar!" Nekhludoff thought, frowning.

Seeing that Nekhludoff was in ill humor, and could not be drawn into pleasant and clear conversation, Sophia Vasilievna turned to Kolosoff for his opinion of the new drama, with an air as if Kolosoff's opinion would dispel all doubt and every word of his was destined to become immortalized. Kolosoff condemned the drama and took occasion to state his views on art. The correctness of his views seemed to impress her; she attempted to defend the author of the drama, but immediately yielded, or found a middle ground. Nekhludoff looked and listened and yet saw and heard but little.

Listening now to Sophia Vasilievna, now to Kolosoff, Nekhludoff saw, first, that neither of them cared either for the drama or for each other, and that they were talking merely to satisfy a physiological craving to exercise, after dinner, the muscles of the tongue and throat. Secondly, he saw that Kolosoff, who had drunk brandy, wine and liquors, was somewhat tipsy—not as drunk as a drinking peasant, but like a man to whom wine-drinking has become a habit. He did not reel, nor did he talk nonsense, but was in an abnormal, excited and contented condition. Thirdly, Nekhludoff saw that Princess Sophia Vasilievna, during the conversation, now and again anxiously glanced at the window, through which a slanting ray of the sun was creeping toward her, threatening to throw too much light on her aged face.

"How true it is," she said of some remark of Kolosoff, and pressed a button on the wall near the couch.

At this moment the doctor rose with as little ceremony as one of the family, and walked out of the room. Sophia Vasilievna followed him with her eyes.

"Please, Phillip, let down that curtain," she said to thefine-looking servant who responded to the bell, her eyes pointing to the window.

"Say what you will, but there is something mystical about him, and without mysticism there is no poetry," she said, with one black eye angrily following the movements of the servant who was lowering the curtain.

"Mysticism without poetry is superstition, and poetry without mysticism is prose," she continued, smiling sadly, still keeping her eye on the servant, who was smoothing down the curtain.

"Not that curtain, Phillip—the one at the large window," she said in a sad voice, evidently pitying herself for the efforts she was compelled to make to say these words, and to calm herself, with her ring-bedecked hand, she lifted to her lips the fragrant, smoking cigarette.

The broad-chested, muscular Phillip bowed slightly, as if excusing himself, and submissively and silently stepped over to the next window, and, carefully looking at the Princess, so arranged the curtain that no stray ray should fall on her. It was again unsatisfactory, and again the exhausted Princess was obliged to interrupt her conversation about mysticism and correct the unintelligent Phillip, who was pitilessly tormenting her. For a moment Phillip's eyes flashed fire.

"'The devil knows what you want,' he is probably saying to himself," Nekhludoff thought, as he watched this play. But the handsome, strong Phillip concealed his impatience, and calmly carried out the instructions of the enervated, weak, artificial Princess Sophia Vasilievna.

"Of course there is considerable truth in Darwin's theory," said the returning Kolosoff, stretching himself on a low arm-chair and looking through sleepy eyes at the Princess, "but he goes too far."

"And do you believe in heredity?" she asked Nekhludoff, oppressed by his silence.

"In heredity?" repeated Nekhludoff. "No, I do not," he said, being entirely absorbed at the moment by those strange forms which, for some reason, appeared to his imagination. Alongside of the strong, handsome Phillip, whom he looked upon as a model, he imagined Kolosoff, naked, his abdomen like a water-melon, bald-headed, andhis arms hanging like two cords. He also dimly imagined what the silk-covered shoulders of Sophia Vasilievna would appear like in reality, but the picture was too terrible, and he drove it from his mind.

Sophia Vasilievna scanned him from head to foot.

"Missy is waiting for you," she said. "Go to her room; she wished to play for you a new composition by Schuman. It is very interesting."

"It isn't true. Why should she lie so!" Nekhludoff thought, rising and pressing her transparent, bony, ring-bedecked hand.

In the drawing-room he met Katherine Alexeievna, returning to her mother's apartments. As usual, she greeted him in French.

"I see that the duties of juryman act depressingly upon you," she said.

"Yes, pardon me. I am in low spirits to-day, and I have no right to bore people," answered Nekhludoff.

"Why are you in low spirits?"

"Permit me not to speak of it," he said, looking for his hat as they entered the Princess' cabinet.

"And do you remember telling us that one ought to tell the truth? And what cruel truths you used to tell us! Why don't you tell us now? Do you remember, Missy?" the Princess turned to Missy, who had just entered.

"Because that was in play," answered Nekhludoff gravely. "In play it is permissible, but in reality we are so bad, that is, I am so bad, that I, at least, cannot tell the truth."

"Don't correct yourself, but rather say that we are so bad," said Katherine Alexeievna, playing with the words, and pretending not to see Nekhludoff's gravity.

"There is nothing worse than to confess being in low spirits," said Missy. "I never confess it to myself, and that is why I am always cheerful. Well, come to my room. We shall try to drive away your mauvais humeur."

Nekhludoff experienced the feeling which a horse must feel when brushed down before the bridle is put on and it is led to be harnessed to the wagon. But to-day he was not at all disposed to draw. He excused himself andbegan to take leave. Missy kept his hand longer than usual.

"Remember that what is important to you is important to your friends," she said. "Will you come to-morrow?"

"I don't think I will," said Nekhludoff. And feeling ashamed, without knowing himself whether for her or for himself, he blushed and hastily departed.

"What does it mean? Comme cela m'intrigue," said Katherine Alexeievna, when Nekhludoff had left. "I must find it out. Some affaire d'amour propre; il est très susceptible notre cher Mitia."

"Plutôt une affaire d'amour sale," Missy was going to say. Her face was now wan and pale. But she did not give expression to that passage, and only said: "We all have our bright days and gloomy days."

"Is it possible that he, too, should deceive me?" she thought. "After all that has happened, it would be very wrong of him."

If Missy had had to explain what she meant by the words, "After all that has happened," she could have told nothing definite, and yet she undoubtedly knew that not only had he given her cause to hope, but he had almost made his promise—not in so many words, but by his glances, his smiles, his innuendos, his silence. She considered him her own, and to lose him would be very painful to her.


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