"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 the arguments 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.
CHAPTER XXIV.
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, and ch. 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.