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.
"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 the moment 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 into consideration, 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.