CHAPTER XIX.

Nekhludoff was in this state of mind when he left the court-room and entered the jury-room. He sat near the window, listening to the conversations of his fellow jurymen, and smoked incessantly.

The cheerful merchant evidently sympathized with Merchant Smelkoff's manner of pa.s.sing his time.

"Well, well! He went on his spree just like a Siberian! Seems to have known a good thing when he saw it. What a beauty!"

The foreman expressed the opinion that the whole case depended on the expert evidence. Peter Gerasimovich was jesting with the Jewish clerk, and both of them burst out laughing. Nekhludoff answered all questions in monosyllables, and only wished to be left in peace.

When the usher with the sidling gait called the jury into court Nekhludoff was seized with fear, as if judgment was to be pa.s.sed on him, and not he to pa.s.s judgment on others.

In the depth of his soul he already felt that he was a rascal, who ought to be ashamed to look people in the face, and yet, by force of habit, he walked to the elevation with his customary air of self-confidence, and took his seat next to the foreman, crossed his legs and began to play with his pince-nez.

The prisoners, who had also been removed from the court, were brought in again.

The new faces of witnesses were now seen in the court-room, and Nekhludoff noticed Maslova constantly turning her head in the direction of a smartly attired, stout woman in silk and plush, with an elegant reticule hanging on her half-bare arm. This was, as Nekhludoff afterward learned, Maslova's mistress and a witness against her.

The examination of the witnesses began as to their names, age, religion, et cetera. After being questioned as to whether they preferred to testify under oath, the same old priest, with difficulty moving his legs, came, and again arranging the gold cross on his silk-covered breast, with the same calmness and confidence, began to administer the oath to the witnesses and the expert. When the swearing in was over, the witnesses were removed to an adjoining room, leaving only Kitaeva, Maslova's mistress. She was asked what she knew of the affair. Kitaeva, with a feigned smile, a German accent, and straightening her hat at every sentence, fluently and circ.u.mstantially related the following:

Simon came first to her house for Liubasha.[E] In a little while Liubasha returned with the merchant. "The merchant was already in ecstasy," slightly smiling, said Kitaeva, "and he continued to drink and treat himself, but as he was short of money he sent to his room this same Liubasha, for whom he acquired a predilection," she said, looking at Maslova.

It seemed to Nekhludoff that Maslova smiled at this, and the smile seemed to him disgusting. A strange feeling of squeamishness mingled with compa.s.sion rose in his breast.

"What opinion did you entertain of Maslova?" timidly and blushingly asked the attorney a.s.signed by the court to defend Maslova.

"Very excellent," answered Kitaeva. "The girl is very well educated and elegant in her manners. She was raised in a very good family, and could read French. She sometimes drank a little too much, but she never forgot herself. She is a very good girl."

Katiousha looked at her mistress, then suddenly turned her eyes on the jury and rested them on Nekhludoff, her face becoming serious and even stern. One of the stern eyes squinted. These strangely gazing eyes were turned on Nekhludoff for a considerable time. Notwithstanding the terror that seized him, he could not remove his own gaze from those squinting eyes with their shining whites. He recalled that awful night with the breaking ice, the fog, and especially that waning, upturned moon which rose in the morning and lit up something dark and terrible.

These two black eyes which looked at and at the same time by him reminded him of something dark and terrible.

"She recognized me!" he thought. And Nekhludoff shrank, as it were, waiting for the blow. But she did not recognize him. She sighed calmly and again fixed her eyes on the justiciary. Nekhludoff also sighed.

"Ah, if they would only hasten it through," he thought. He felt now as he did once when out game shooting, when he was obliged to kill a wounded bird--he was filled with disgust, pity and vexation. The wounded bird is struggling in the game bag; he feels disgust and pity, and wishes to kill it quickly and forget it.

Such mingled feelings filled Nekhludoff's breast as he sat listening to the examination of the witnesses.

FOOTNOTES:

[Footnote E: A contemptuous diminutive of Liuba. Tr.]

CHAPTER XX.

As if to spite him, the case dragged out to a weary length. After the examination of the witnesses and the expert, and after all the unnecessary questions by the prosecutor and the attorneys, usually made with an important air, the justiciary told the jury to look at the exhibits, which consisted of an enormous ring with a diamond rosette, evidently made for the forefinger, and a gla.s.s tube containing the poison. These were sealed and labeled.

The jury were preparing to view these things, when the prosecutor rose again and demanded that before the exhibits were examined the medical report of the condition of the body be read.

The justiciary was hurrying the case, and though he knew that the reading of the report would only bring ennui and delay the dinner, and that the prosecutor demanded it only because he had the right to do so, he could not refuse the request and gave his consent. The secretary produced the report, and, lisping the letters l and r, began to read in a sad voice.

The external examination disclosed:

1. The height of Therapout Smelkoff was six feet five inches.

"But what a huge fellow," the merchant whispered in Nekhludoff's ear with solicitude.

2. From external appearances he seemed to be about forty years of age.

3. The body had a swollen appearance.

4. The color of the pall was green, streaked with dark spots.

5. The skin on the surface of the body rose in bubbles of various sizes, and in places hung in patches.

6. The hair was dark and thick, and fell off at a slight touch.

7. The eyes came out of their orbits, and the pupils were dull.

8. A frothy, serous fluid flowed continuously from the cavity of the mouth, the nostrils and ears. The mouth was half open.

9. The neck almost disappeared in the swelling of the face and breast, et cetera, et cetera.

Thus, over four pages and twenty-seven clauses, ran the description of the external appearance of the terrible, large, stout, swollen and decomposing body of the merchant who amused himself in the city. The loathing which Nekhludoff felt increased with the reading of the description. Katiousha's life, the sanies running from the nostrils, the eyes that came out of their sockets, and his conduct toward her--all seemed to him to belong to the same order, and he was surrounded and swallowed up by these things. When the reading was finally over, the justiciary sighed deeply and raised his head in the hope that it was all over, but the secretary immediately began to read the report on the internal condition of the body.

The justiciary again bent his head, and, leaning on his hand, closed his eyes. The merchant, who sat near Nekhludoff, barely kept awake, and from time to time swayed his body. The prisoners as well as the gendarmes behind them sat motionless.

The internal examination disclosed:

1. The skin covering of the skull easily detached, and no hemorrhage was noticeable. 2. The skull bones were of average thickness and uninjured. 3. On the hard membrane of the skull there were two small discolored spots of about the size of four centimetres, the membrane itself being of a dull gray color, et cetera, et cetera, to the end of thirteen more clauses.

Then came the names of the witnesses, the signature and deduction of the physician, from which it appeared that the changes found in the stomach, intestines and kidneys justified the conclusion "to a large degree probable" that the death of Smelkoff was due to poison taken into the stomach with a quant.i.ty of wine. That it was impossible to tell by the changes in the stomach and intestines the name of the poison; and that the poison came into the stomach mixed with wine could be inferred from the fact that Smelkoff's stomach contained a large quant.i.ty of wine.

"He must have drank like a fish," again whispered the awakened merchant.

The reading of this official report, which lasted about two hours, did not satisfy, however, the prosecutor. When it was over the justiciary turned to him, saying:

"I suppose it is superfluous to read the record of the examination of the intestines."

"I would ask that it be read," sternly said the prosecutor without looking at the justiciary, sidewise raising himself, and impressing by the tone of his voice that it was his right to demand it, that he would insist on it, and that a refusal would be ground for appeal.

The a.s.sociate with the long beard and kind, drooping eyes, who was suffering from catarrh, feeling very weak, turned to the justiciary:

"What is the good of reading it? It will only drag the matter out.

These new brooms only take a longer time to sweep, but do not sweep any cleaner."

The a.s.sociate in the gold eye-gla.s.ses said nothing, and gloomily and determinedly looked in front of him, expecting nothing good either from his wife or from the world.