CHAPTER X.

THE TRIAL--THE INDICTMENT.

The indictment ran as follows: On the 17th of January, 18--, in the

lodging-house Mauritania, occurred the sudden death of the Second Guild

merchant, Therapont Emilianovich Smelkoff, of Kourgan.

The local police doctor of the fourth district certified that death was

due to rupture of the heart, owing to the excessive use of alcoholic

liquids. The body of the said Smelkoff was interred. After several days

had elapsed, the merchant Timokhin, a fellow-townsman and companion

of the said Smelkoff, returned from St. Petersburg, and hearing the

circumstances that accompanied the death of the latter, notified his

suspicions that the death was caused by poison, given with intent to

rob the said Smelkoff of his money. This suspicion was corroborated on

inquiry, which proved:

1. That shortly before his death the said Smelkoff had received the sum

of 3,800 roubles from the bank. When an inventory of the property of the

deceased was made, only 312 roubles and 16 copecks were found.

2. The whole day and night preceding his death the said Smelkoff spent

with Lubka (alias Katerina Maslova) at her home and in the lodging-house

Mauritania, which she also visited at the said Smelkoff’s request during

his absence, to get some money, which she took out of his portmanteau in

the presence of the servants of the lodging-house Mauritania, Euphemia

Botchkova and Simeon Kartinkin, with a key given her by the said

Smelkoff. In the portmanteau opened by the said Maslova, the said

Botchkova and Kartinkin saw packets of 100-rouble bank-notes.

3. On the said Smelkoff’s return to the lodging-house Mauritania,

together with Lubka, the latter, in accordance with the attendant

Kartinkin’s advice, gave the said Smelkoff some white powder given to

her by the said Kartinkin, dissolved in brandy.

4. The next morning the said Lubka (alias Katerina Maslova) sold to her

mistress, the witness Kitaeva, a brothel-keeper, a diamond ring given to

her, as she alleged, by the said Smelkoff.

5. The housemaid of the lodging-house Mauritania, Euphemia Botchkova,

placed to her account in the local Commercial Bank 1,800 roubles. The

postmortem examination of the body of the said Smelkoff and the chemical

analysis of his intestines proved beyond doubt the presence of poison

in the organism, so that there is reason to believe that the said

Smelkoff’s death was caused by poisoning.

When cross-examined, the accused, Maslova, Botchkova, and Kartinkin,

pleaded not guilty, deposing--Maslova, that she had really been sent by

Smelkoff from the brothel, where she “works,” as she expresses it, to

the lodging-house Mauritania to get the merchant some money, and that,

having unlocked the portmanteau with a key given her by the merchant,

she took out 40 roubles, as she was told to do, and that she had taken

nothing more; that Botchkova and Kartinkin, in whose presence she

unlocked and locked the portmanteau, could testify to the truth of the

statement.

She gave this further evidence--that when she came to the lodging-house

for the second time she did, at the instigation of Simeon Kartinkin,

give Smelkoff some kind of powder, which she thought was a narcotic,

in a glass of brandy, hoping he would fall asleep and that she would be

able to get away from him; and that Smelkoff, having beaten her, himself

gave her the ring when she cried and threatened to go away.

The accused, Euphemia Botchkova, stated that she knew nothing about the

missing money, that she had not even gone into Smelkoff’s room, but

that Lubka had been busy there all by herself; that if anything had

been stolen, it must have been done by Lubka when she came with the

merchant’s key to get his money.

At this point Maslova gave a start, opened her mouth, and looked at

Botchkova. “When,” continued the secretary, “the receipt for 1,800

roubles from the bank was shown to Botchkova, and she was asked where

she had obtained the money, she said that it was her own earnings for

12 years, and those of Simeon, whom she was going to marry. The accused

Simeon Kartinkin, when first examined, confessed that he and Botchkova,

at the instigation of Maslova, who had come with the key from the

brothel, had stolen the money and divided it equally among themselves

and Maslova.” Here Maslova again started, half-rose from her seat, and,

blushing scarlet, began to say something, but was stopped by the usher.

“At last,” the secretary continued, reading, “Kartinkin confessed also

that he had supplied the powders in order to get Smelkoff to sleep. When

examined the second time he denied having had anything to do with the

stealing of the money or giving Maslova the powders, accusing her of

having done it alone.”

Concerning the money placed in the bank by Botchkova, he said the same

as she, that is, that the money was given to them both by the lodgers in

tips during 12 years’ service.

The indictment concluded as follows:

In consequence of the foregoing, the peasant of the village Borki,

Simeon Kartinkin, 33 years of age, the meschanka Euphemia Botchkova, 43

years of age, and the meschanka Katerina Maslova, 27 years of age, are

accused of having on the 17th day of January, 188--, jointly stolen from

the said merchant, Smelkoff, a ring and money, to the value of 2,500

roubles, and of having given the said merchant, Smelkoff, poison to

drink, with intent of depriving him of life, and thereby causing his

death. This crime is provided for in clause 1,455 of the Penal Code,

paragraphs 4 and 5.

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