And last of all came the third member of the court, that same Matvei Nikitich, who was always late. He wore a long beard, and had large, kindly eyes, with drooping eyelids. He suffered from catarrh of the stomach, and by the advice of his physician had adopted a new regimen, and this new regimen detained him this morning longer than usual. When he ascended the platform he seemed to be wrapped in thought, but only because he had the habit of making riddles of every question that occurred to him. At this moment he was occupied with the following enigmatical proposition:
If the number of steps in the distance between the cabinet-door and the arm-chair will divide by three without a remainder, then the new regimen will cure him; but if it does not so divide, then it will not. There were twenty-six steps, but he made one short step and reached the chair with the twenty-seventh.
As the judges ascended the elevation in their uniforms, with gold-laced collars, they presented an imposing array. They themselves felt it, and all three, as if confused by their own greatness, modestly lowered their eyes, and hastily seated themselves behind the table on which clean paper and freshly-pointed lead pencils of all sizes had been placed. The prosecutor, who entered with the judges, also hastily walked to his place near the window, his portfolio still under his arm, and waving his hand he began to read the papers in the case, utilizing every moment to prepare himself.
This was his fifth case as prosecuting attorney. He was ambitious, and was determined to make his career, and hence he endeavored to obtain a conviction in every case he prosecuted. He knew the main points of the poisoning case, and had already planned his speech; but he needed to know some particulars of which he was now making extracts from the papers.
The secretary sat on the opposite side of the elevation, and, having prepared all the papers that might be necessary to produce on trial, was glancing over a newspaper article, which he had obtained and read the day before. He was anxious to talk to the member of the court with the long beard, who shared his views, and before doing so wished to better familiarize himself with it.
CHAPTER VIII.
The presiding justice looked over the papers, asked some questions of the usher, and receiving affirmative answers, ordered that the prisoners be brought into court. Immediately a door beyond the grating opened, and two gendarmes with unsheathed swords and caps on their heads, stepped into the court-room. Behind them came a freckled, red-haired man and two women. The man was dressed in prisoner's garb which was too long and too wide for him. As he entered the court-room he held up with outspread fingers the sleeves which were too long. Without looking at the judges or the spectators, his attention was absorbed by the bench around which he was led. When he had passed around he carefully seated himself on the edge, and making room for the others, began to stare at the presiding justice, the muscles of his cheeks moving as if he were whispering something. He was followed by a middle-aged woman, also dressed in a prisoner's coat. A white prison cap covered her head; her face was grayish, and her eyes were devoid of either eye-lashes or eyebrows. She seemed quite composed. As she was passing the railing to take her seat, her coat caught at something; without haste, she carefully disengaged it, then smoothed it and took her seat.
The third prisoner was Maslova.
No sooner did she enter than all the male spectators turned their eyes toward her, attracted by her white face, lustrous black eyes and high breast. Even the gendarme whom she passed gazed at her until she seated herself; then, as if feeling himself guilty, he quickly turned his head from her and straightening himself, he began to gaze into the window directly in front of him.
The presiding justice waited until all the prisoners took their places, and as soon as Maslova was seated, he turned to the secretary.
Then commenced the customary proceeding; calling of the jurymen, fining the absent ones, listening to the claims of exemption from jury duty and filling the panel from a number of reserves. Then the presiding justice folded the slips of paper, placed them in a glass vase, and turning up his gold-laced sleeve drew the slips one by one, unrolled them and read them aloud. Then he straightened his sleeve and called on the priest to swear in the jury.
An old little priest with a swollen, pale yellow face, in a brown cassock and gold cross on his breast and some small badges pinned to the cassock, slowly moving his swollen feet under the cassock, approached the reading desk under the image.
The jury rose and, crowding each other, came forward.
"Come nearer, please," said the priest, touching with his swollen hand the cross on his breast, and waiting until all the jury were near him.
While the jury were mounting the steps to the elevation where the desk stood, the priest wriggled his bald, hoary head through the opening of the stole, then rearranging his scanty hair, he turned to the jury:
"Raise your right hands and keep your fingers thus," he said, in a slow, feeble voice, raising his bloated hand and pointing at his forehead with the first three of its dimpled fingers. "Now repeat after me: 'I promise and swear by the Almighty God, His Holy Gospel, and by the life-giving cross of our Lord, that in the case'"—he continued, resting after each phrase. "Don't drop your hand; hold it thus," he turned to a young man who let his hand fall—"'that in the case which——'"
The portly, whiskered gentleman, the colonel, merchant and others held their hands as directed by the priest, and seemed to do so with particular pleasure, holding their hands quite high, and their fingers most proper; others seemed to do it against their will, and carelessly. Some repeated the words too loudly, in a provoking manner, with an expression on the face which seemed to say: "I will repeat as I please;" others whispered, fell behind the priest and then, as if frightened, hastened to catch up with him. Some held their fingers tightly closed, as if challenging anyone to part them; others, again, loosened them, now closed them again. After the jury was sworn, the presiding justice directed them to choose a foreman. They arose and, crowding each other, went into the consultation room, where almost every one produced cigarettes and began to smoke. Some one proposed the portly gentleman, who was immediately chosen, then they threw away their cigarettes and returned to the court. The gentleman declared to the presiding justice that he was chosen foreman, and stepping over the feet of each other, the jury again seated themselves in the two rows of high-backed chairs.
Everything proceeded smoothly, quickly and not without solemnity, and the regularity, order and solemnity evidently pleased the participants, confirming their sense of rendering important public service. Nekhludoff also experienced this feeling.
As soon as the jury seated themselves the presiding justice instructed them in their rights, duties and responsibilities. While speaking, he was constantly changing his attitude; now he leaned on his right hand, now on his left; then he reclined in his chair, or rested his hands on the arms of the chair, smoothed the corners of the paper on the table, polished the paper-knife or clutched the lead pencil.
Their rights, according to him, consisted in that they were allowed to question prisoners, through the presiding justice; they might keep pencils and paper, and might also view exhibits. Their duties consisted in not giving a false verdict. And their responsibilities consisted in that if they failed to keep secret their deliberations, or spoke to outsiders, they would be liable to punishment.
They all listened with respectful attention. The merchant, from whom the fumes of wine spread through the jury box, and who was suppressing the noisy rising of gases in his stomach, approvingly nodded at every sentence.