To the fourth question concerning Bótchkova the answer was “Guilty.” But on the artélshik’s insistence she was recommended to mercy.
The third question, concerning Máslova, raised a fierce dispute. The foreman maintained she was guilty both of the poisoning and the theft, to which the merchant would not agree. The colonel, the clerk and the old artélshik sided with the merchant, the rest seemed shaky, and the opinion of the foreman began to gain ground, chiefly because all the jurymen were getting tired, and preferred to take up the view that would bring them sooner to a decision and thus liberate them.
From all that had passed, and from his former knowledge of Máslova, Nekhlúdoff was certain that she was innocent of both the theft and the poisoning. And he felt sure that all the others would come to the same conclusion. When he saw that the merchant’s awkward defence (evidently based on his physical admiration for her, which he did not even try to hide) and the foreman’s insistence, and especially everybody’s weariness, were all tending to her condemnation, he longed to state his objections, yet dared not, lest his relations with Máslova should be discovered. He felt he could not allow things to go on without stating his objection; and, blushing and growing pale again, was about to speak when Peter Gerásimovitch, irritated by the authoritative manner of the foreman, began to raise his objections and said the very things Nekhlúdoff was about to say.
“Allow me one moment,” he said. “You seem to think that her having the key proves she is guilty of the theft; but what could be easier than for the servants to open the portmanteau with a false key after she was gone?”
“Of course, of course,” said the merchant.
“She could not have taken the money, because in her position she would hardly know what to do with it.”
“That’s just what I say,” remarked the merchant.
“But it is very likely that her coming put the idea into the servants’ heads and that they grasped the opportunity and shoved all the blame on her.” Peter Gerásimovitch spoke so irritably that the foreman became irritated too, and went on obstinately defending the opposite views; but Peter Gerásimovitch spoke so convincingly that the majority agreed with him, and decided that Máslova was not guilty of stealing the money and that the ring was given her.
But when the question of her having taken part in the poisoning was raised, her zealous defender, the merchant, declared that she must be acquitted, because she could have no reason for the poisoning. The foreman, however, said that it was impossible to acquit her, because she herself had pleaded guilty to having given the powder.
“Yes, but thinking it was opium,” said the merchant.
“Opium can also deprive one of life,” said the colonel, who was fond of wandering from the subject, and he began telling how his brother-in-law’s wife would have died of an overdose of opium if there had not been a doctor near at hand to take the necessary measures. The colonel told his story so impressively, with such self-possession and dignity, that no one had the courage to interrupt him. Only the clerk, infected by his example, decided to break in with a story of his own: “There are some who get so used to it that they can take forty drops. I have a relative—,” but the colonel would not stand the interruption, and went on to relate what effects the opium had on his brother-in-law’s wife.
“But, gentlemen, do you know it is getting on towards five o’clock?” said one of the jury.
“Well, gentlemen, what are we to say, then?” inquired the foreman. “Shall we say she is guilty, but without intent to rob? And without stealing any property? Will that do?” Peter Gerásimovitch, pleased with his victory, agreed.
“But she must be recommended to mercy,” said the merchant.
All agreed; only the old artélshik insisted that they should say “Not guilty.”
“It comes to the same thing,” explained the foreman; “without intent to rob, and without stealing any property. Therefore, ‘Not guilty,’ that’s evident.”
“All right; that’ll do. And we recommend her to mercy,” said the merchant, gaily.
They were all so tired, so confused by the discussions, that nobody thought of saying that she was guilty of giving the powder but without the intent of taking life. Nekhlúdoff was so excited that he did not notice this omission, and so the answers were written down in the form agreed upon and taken to the court.
Rabelais says that a lawyer who was trying a case quoted all sorts of laws, read twenty pages of judicial senseless Latin, and then proposed to the judges to throw dice, and if the numbers proved odd the defendant would be right, if not, the plaintiff.
It was much the same in this case. The resolution was taken, not because everybody agreed upon it, but because the president, who had been summing up at such length, omitted to say what he always said on such occasions, that the answer might be, “Yes, guilty, but without the intent of taking life;” because the colonel had related the story of his brother-in-law’s wife at such great length; because Nekhlúdoff was too excited to notice that the proviso “without intent to take life” had been omitted, and thought that the words “without intent” nullified the conviction; because Peter Gerásimovitch had retired from the room while the questions and answers were being read, and chiefly because, being tired, and wishing to get away as soon as possible, all were ready to agree with the decision which would bring matters to an end soonest.
The jurymen rang the bell. The gendarme who had stood outside the door with his sword drawn put the sword back into the scabbard and
