CHAPTER XLIII.

It was Nekhludoff's intention to alter his manner of living--discharge

the servants, let the house and take rooms in a hotel. But Agrippina

Petrovna argued that no one would rent the house in the summer, and

that as it was necessary to live somewhere and keep the furniture and

things, he might as well remain where he was. So that all efforts of

Nekhludoff to lead a simple, student life, came to naught. Not only

was the old arrangement of things continued, but, as in former times,

the house received a general cleaning. First were brought out and hung

on a rope uniforms and strange fur garments which were never used by

anybody; then carpets, furniture, and the porter, with his assistant,

rolling up the sleeves on their muscular arms, began to beat these

things, and the odor of camphor rose all over the house. Walking

through the court-yard and looking out of the window, Nekhludoff

wondered at the great number of unnecessary things kept in the house.

The only purpose these things served, he thought, was to afford the

servants an opportunity of exercise.

"It isn't worth while to alter my mode of life while Maslova's affair

is unsettled," he thought. "Besides, it is too hard. When she is

discharged or transported and I follow her, things will change of

their own accord."

On the day appointed by the lawyer Fanirin, Nekhludoff called on him.

On entering the magnificently appointed apartments of the house owned

by the lawyer himself, with its huge plants, remarkable curtains and

other evidences of luxury, attesting easily earned wealth, Nekhludoff

found in the reception-room a number of people sitting dejectedly

around tables on which lay illustrated journals intended for their

diversion. The lawyer's clerk, who was sitting in this room at a high

desk, recognizing Nekhludoff, greeted him and said that he would

announce him. But before the clerk reached the door of the cabinet,

the door opened and the animated voices of a thick-set man with a red

face and stubby mustache, wearing a new suit, and Fanirin himself were

heard. The expression on their faces was such as is seen on people

who had just made a profitable, but not very honest, bargain.

"It is your own fault, my dear sir," Fanirin said, smiling.

"I would gladly go to heaven, but my sins prevent me."

"That is all right."

And both laughed unnaturally.

"Ah, Prince Nekhludoff! Pleased to see you," said Fanirin, and bowing

again to the departing merchant, he led Nekhludoff into his

business-like cabinet. "Please take a cigarette," said the lawyer,

seating himself opposite Nekhludoff and suppressing a smile, called

forth by the success of the preceding affair.

"Thank you. I came to inquire about Maslova's case."

"Yes, yes, immediately. My, what rogues these moneybags are!" he said.

"You have seen that fellow; he is worth twelve millions, and is the

meanest skinflint I ever met."

Nekhludoff felt an irresistible loathing toward this ready talker who,

by his tone of voice, meant to show that he and Nekhludoff belonged to

a different sphere than the other clients.

"He worried me to death. He is an awful rogue. I wanted to ease my

mind," said the lawyer, as if justifying his not speaking about

Nekhludoff's case. "And now as to your case. I have carefully examined

it, 'and could not approve the contents thereof,' as Tourgeniff has

it. That is to say, the lawyer was a wretched one, and he let slip all

the grounds of appeal."

"What have you decided to do?"

"One moment. Tell him," he turned to his clerk, who had just entered,

"that I will not change my terms. He can accept them or not, as he

pleases."

"He does not accept them."

"Well, then, let him go," said the lawyer, and his benign and joyful

countenance suddenly assumed a gloomy and angry expression.

"They say that lawyers take money for nothing," he said, again

assuming a pleasant expression. "I succeeded in obtaining the

discharge of an insolent debtor who was incarcerated on flimsy

accusations of fraud, and now they all run after me. And every such

case requires great labor. We, too, you know, leave some of our flesh

in the ink-pot, as some author said."

"Well, now, your case, or rather the case in which you are

interested," he continued; "was badly conducted. There are no good

grounds for appeal, but, of course, we can make an attempt. This is

what I have written."

He took a sheet of paper, and quickly swallowing some uninteresting,

formal words, and emphasizing others, he began to read:

"To the Department of Cassation, etc., etc., Katherine, etc. Petition.

By the decision, etc., of the etc., rendered, etc., a certain Maslova

was found guilty of taking the life, by poisoning, of a certain

merchant Smelkoff, and in pursuance of Chapter 1,454 of the Code, was

sentenced to etc., with hard labor, etc."

He stopped, evidently listening with pleasure to his own composition,

although from constant use he knew the forms by heart.

"'This sentence is the result of grave errors,' he continued with

emphasis, 'and ought to be reversed for the following reasons:

First, the reading in the indictment of the description of the

entrails of Smelkoff was interrupted by the justiciary at the very

beginning.'--One."

"But the prosecutor demanded its reading," Nekhludoff said with

surprise.

"That is immaterial; the defense could have demanded the same thing."

"But that was entirely unnecessary."

"No matter, it is a ground of appeal. Further: 'Second. Maslova's

attorney,' he continued to read, 'was interrupted while addressing the

jury, by the justiciary, when, desiring to depict the character of

Maslova, he touched upon the inner causes of her fall. The ground for

refusing to permit him to continue his address was stated to be

irrelevancy to the question at issue. But as has often been pointed

out by the Senate, the character and moral features generally of an

accused are to be given the greatest weight in determining the

question of intent.'--Two."

"But he spoke so badly that we could not understand him," said

Nekhludoff with still greater surprise.

"He is a very foolish fellow and, of course, could say nothing

sensible," Fanirin said, laughing. "However, it is a ground for

appeal. 'Third. In his closing words the justiciary, contrary to the

positive requirements of section 1, chapter 801 of the Code of

Criminal Procedure, failed to explain to the jury of what legal

elements the theory of guilt consisted; nor did he tell them that if

they found that Maslova gave the poison to Smelkoff, but without

intent to kill, they had the power to discharge her.' This is the

principal point."

"We could have known that. That was our mistake."

"And finally: 'Fourth,'" continued the lawyer. "'The answer of the

jury to the question of Maslova's guilt was made in a form which was

obviously contradictory. Maslova was charged with intentional

poisoning of Smelkoff, and with robbery as a motive, while the jury,

in their answer, denied her guilt of the robbery, from which it was

evident that they intended to acquit her of the intent to kill. Their

failure to do so was due to the incomplete charge of the justiciary.

Such an answer, therefore, demanded the application of chapters 816

and 808 of the Code. That is to say, it was the duty of the presiding

justice to explain to the jury their mistake and refer the question of

the guilt of the accused to them for further deliberation.'"

"Why, then, did he not do it?"

"That is just what I would like to know myself," said Fanirin,

laughing.

"So the Senate will correct the mistake."

"That will depend on who will be sitting there when the case is

heard."

"Well, and then we continue: 'Under these circumstances the court

erred in imposing on Maslova punishment, and the application to her of

section 3, chapter 771 of the Code was a serious violation of the

basic principles of the criminal law. Wherefore applicant demands,

etc., etc., be revised in accordance with chs. 909, 910, s. 2, 912 and

928 of the Code, etc., etc., and referring the case back for a new

trial to a different part of the same court.' Well, now, everything

that could be done was done. But I will be frank with you; the

probabilities of success are slight. However, everything depends on

who will be sitting in the Senate. If you know any one among them,

bestir yourself."

"Yes, I know some."

"Then you must hasten, for they will soon be gone on their vacation,

and won't return for three months. In case of failure, the only

recourse will be to petition the Czar. I shall be at your service also

in that contingency."

"I thank you. And now as to your honorarium?"

"My clerk will hand you the petition and also my bill."

"One more question I would like to ask you. The prosecutor gave me a

pass for the prison, but I was told there that it was necessary to

obtain the Governor's permission to visit the prison on other than

visitors' days. Is it necessary?"

"I think so. But he is away, and the lieutenant is in his place."

"You mean Maslenikoff?"

"Yes."

"I know him," said Nekhludoff, rising to leave.

At that moment the lawyer's wife, an extremely ugly, pug-nosed and

bony woman, rushed into the room. Not only was her attire unusually

original--she was fairly loaded down with plush and silk things,

bright yellow and green--but her oily hair was done up in curls, and

she triumphantly rushed into the reception-room, accompanied by a

tall, smiling man with an earth-colored face, in a cut-away coat with

silk facings and a white tie. This was an author. He knew Nekhludoff

by sight.

"Anatal," she said, opening the door, "come here. Semion Ivanovitch

promised to read to us his poem, and you must read something from

Garshin."

Nekhludoff was preparing to go, but the lawyer's wife whispered

something to her husband and turned to him:

"I know you, Prince, and consider an introduction unnecessary. Won't

you please attend our literary breakfast? It will be very interesting.

Anatal is an excellent reader."

"You see what variety of duties I have," said Anatal, smiling and

pointing at his wife, thereby expressing the impossibility of

resisting that bewitching person.

With a sad and grave face and with the greatest politeness, Nekhludoff

thanked the lawyer's wife for the invitation, pleaded other

engagements and went into the reception-room.

"What faces he makes!" the lawyer's wife said of him, when he had left

the room.

In the reception-room the clerk handed him the petition, and in answer

to Nekhludoff's question about the honorarium, said that Anatal

Semionovitch set his fee at a thousand rubles; that he really does not

take such cases, but does it for Nekhludoff.

"And who is to sign the petition?" asked Nekhludoff.

"The prisoner may sign it herself, and if that be troublesome, she may

empower Anatal Semionovitch."

"No, I will go to the prison and obtain her signature," said

Nekhludoff, rejoicing at the opportunity of seeing Katiousha before

the appointed day.

The Awakening (The Resurrection) · 第 43 / 59 章