"Is the a.s.sociate's name Selenin?" he asked the lawyer.

"Yes, why?"

"I know him very well; he is an excellent man----"

"And a good a.s.sociate of the Attorney General--very sensible. It would have been well to see him," said Fanirin.

"At all events, he will follow the dictates of his conscience," said Nekhludoff, remembering his close relations with and friendship for Selenin, and the latter's charming qualities of purity, honesty and good breeding, in the best sense of the word.

The first case before the Senate was an appeal from the decision of the Circuit Court of Appeals affirming a judgment in favor of the publisher of a newspaper in a libel suit brought against him.

Nekhludoff listened and tried to understand the arguments in the case, but as in the Circuit Court, the chief difficulty in understanding what was going on was found in the fact that the discussion centered not on what appeared naturally to be the main point, but on side issues.

The libel consisted in an article accusing the president of a stock company of swindling. It seemed, then, that the main point to consider was, whether or not the president was guilty of swindling the stockholders, and what was to be done to stop his swindling. But this was never mentioned. The questions discussed were: Had the publisher the legal right to print the article of its reporter? What crime has he committed by printing it--defamation or libel? And does defamation include libel, or libel defamation? And a number of other things unintelligible to ordinary people, including various laws and decisions of some "General Department."

The only thing Nekhludoff did understand was that, though Wolf had sternly suggested but yesterday that the Senate could not consider the substance of a case, in the case at bar he argued with evident partiality in favor of reversing the judgment, and that Selenin, in spite of his characteristic reserve, argued in favor of affirming the judgment with unexpected fervor. The cause of Selenin's ardor lay in the fact that he knew the president of the stock company to be dishonest in money affairs, while he accidentally learned that Wolf, almost on the eve of the hearing of the case, had attended a sumptuous dinner at the president's house. And now, when Wolf, though with great caution, showed undoubted partiality, Selenin became excited and expressed his opinion with more nervousness than an ordinary case would justify. Wolf was evidently offended by the speech; he twitched nervously, changed color, made silent gestures of wonder, and with an haughty air of being offended he departed with the other Senators into the deliberation-room.

"What case are you interested in?" the usher again asked Fanirin, as soon as the Senators had left the room.

"I have already told you that I am here in behalf of Maslova."

"That is so. The case will be heard to-day. But----"

"What is that?" asked the lawyer.

"You see, the case was to be argued without counsel, so that the Senators would hardly consider it in open session. But--I will announce----" and he made a note on the piece of paper.

The Senators really intended, after announcing their decision in the libel case, to consider the other cases, including Maslova's, while drinking their tea and smoking cigarettes in the consultation-room.

CHAPTER XIII.

As soon as the Senators seated themselves at the table in the consultation-room, Wolf began to set forth in an animated manner the grounds upon which he thought the case ought to be reversed.

The President, always an ill-natured man, was in a particularly bad humor to-day. While listening to the case during the session he formed his opinion, and sat, absorbed in his thoughts, without listening to Wolf. These thoughts consisted in a recollection of what note he had made the other day in his memoirs anent the appointment of Velianoff to an important post which he desired for himself. The President, Nikitin, quite sincerely thought that the officials with whom his duties brought him in contact were worthy of a place in history.

Having written an article the other day in which some of these officials were vehemently denounced for interfering with his plan to save Russia from ruin, as he put it, but in reality for interfering with his getting a larger salary than he was now getting, he was now thinking that posterity would give an entirely new interpretation to that incident.

"Why, certainly," he said to Wolf, who was addressing him, although he did not hear what Wolf said.

Be listened to Wolf with a sad face, drawing garlands on a piece of paper which lay before him. Be was a liberal of the deepest dye. He scarcely held to the traditions of the sixties, and if he ever deviated from strict impartiality, it was invariably in favor of liberality. Thus, in this case, besides the consideration that the complaining president of the stock company was an unclean man, Be was in favor of affirming the judgment, also because this charge of libel against a journalist was a restriction on the freedom of the press.

When Wolf had finished his argument, Be, leaving the garland unfinished, in a sad--it was sad for him to be obliged to prove such truisms--soft, pleasant voice, convincingly proved in a few simple words that the charge had no foundation, and, again drooping his h.o.a.ry head, continued to complete the garland.

Skovorodnikoff, who was sitting opposite Wolf, continually gathering with his thick fingers his beard and mustache into his mouth, as soon as Be was through with his argument, stopped chewing his beard, and, in a loud, rasping voice, said that although the president of the stock company was a villain, he should favor a reversal if there were legal grounds to sustain it, but as there were none, he joined in the opinion of Ivan s.e.m.e.novitch (Be), and he invariably rejoiced at this shot aimed at Wolf. The President supported Skovorodnikoff's opinion, and the judgment was confirmed.

Wolf was dissatisfied, especially because by this judgment he seemed to stand convicted of arguing in bad faith; but, feigning indifference, he opened his papers in the next case, Maslova's, and began to peruse it attentively. The other Senators in the meantime called for tea, and began a talk about Kamensky's duel and his death, which was then the subject of conversation throughout the city.

The usher entered and announced the desire of the lawyer and Nekhludoff to be present at the hearing of the case.

"This case here," said Wolf, "is a whole romantic story," and he related what he knew of Nekhludoff's relations to Maslova.

After talking awhile of the story, smoking cigarettes and finishing their tea, the Senators returned to the session-room, announced their decision in the preceding case, and began to consider Maslova's case.

Wolf very circ.u.mstantially set forth Maslova's appeal from the sentence, and again not without partiality, but with the evident desire to reverse the judgment.

"Have you anything to add?" the President asked Fanirin.

Fanirin rose, and, projecting his broad, starched front, with remarkable precision of expression began to discuss the errors of the court below in the application of the law on the six points raised, and permitted himself, though briefly, to touch upon the merits of the case and the crying injustice of the decision. By the tone of his short but strong speech, he seemed to excuse himself, to insist that the honorable Senators with their power of penetration and judicial wisdom saw and understood better than he, but that he was speaking only because his duties demanded it. After Fanirin's speech there seemed to be no doubt left that the Senate had to reverse the judgment. When he was through, Fanirin smiled triumphantly. Looking at his lawyer and seeing that smile, Nekhludoff was convinced that the case was won. But as he looked at the Senators Nekhludoff saw that Fanirin alone was smiling and triumphant. The Senators and a.s.sociate Attorney General were neither smiling nor triumphant, but wore the air of people suffering from ennui and saying: "Oh, we know these cases!

You are wasting your time." They were all evidently relieved only when the lawyer had finished, and they were no longer unnecessarily detained. After the speech the President turned to Selenin, who plainly, briefly and accurately expressed himself against a reversal.

Then the Senators arose and went to consult.

The Senators were divided. Wolf favored a reversal. Be, who thoroughly understood the case, warmly argued also in favor of a reversal, and in glowing terms pictured the court scene and the misunderstanding of the jury. Nikitin, who, as usual, stood for severity and for strict formality, was against it. The whole case, then, depended on Skovorodnikoff's vote. And his vote was thrown against a reversal, princ.i.p.ally for the reason that Nekhludoff's determination to marry the girl on moral grounds was extremely repugnant to him.

Skovorodnikoff was a materialist, a Darwinist, and considered every manifestation of abstract morality, or, worse still, piety, not only as contemptible and absurd but as an affront to his person. All this bustle about a fallen girl, and the presence there in the Senate of her famous counsel and Nekhludoff himself, was to him simply disgusting. And, stuffing his mouth with his beard, and making grimaces, he in a very natural manner pretended to know nothing of the entire affair, except that the grounds of appeal were insufficient, and therefore agreed with the President to affirm the judgment.

The appeal was denied.

CHAPTER XIV.

"It is awful!" said Nekhludoff to the lawyer, as they entered the waiting-room. "In the plainest possible case they cavil at idle forms.

It is awful!"

"The case was spoiled at the trial," said Fanirin.

"Selenin, too, was against reversal. It is awful, awful!" Nekhludoff continued to repeat. "What is to be done now?"

"We will pet.i.tion the Emperor. Head it yourself while you are here. I will prepare the pet.i.tion."

At that moment Wolf in his uniform and stars hung on his breast entered the waiting-room and approached Nekhludoff.

"I am sorry, my dear Prince, but the grounds were insufficient," he said, shrugging his narrow shoulders; and, closing his eyes, he proceeded on his way.

After Wolf came Selenin, who had learned from the Senators that Nekhludoff, his former friend, was present.

"I did not expect to meet you here," he said, approaching Nekhludoff and smiling with his lips, while his eyes remained sad.

"And I did not know that you were the Attorney General."

"a.s.sociate," Selenin corrected him. "But what brought you to the Senate?"

"I came here hoping to find justice, and to save an innocent woman."

"What woman?"