"Just see what an absurd decision they have come to," he

whispered to the member on his left. "This means penal servitude

in Siberia, and she is innocent."

"Surely you do not mean to say she is innocent?" answered the

serious member.

"Yes, she is positively innocent. I think this is a case for

putting Article 817 into practice (Article 817 states that if the

Court considers the decision of the jury unjust it may set it

aside)."

"What do you think?" said the president, turning to the other

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member. The kindly member did not answer at once. He looked at

the number on a paper before him and added up the figures; the

sum would not divide by three. He had settled in his mind that if

it did divide by three he would agree to the president's

proposal, but though the sum would not so divide his kindness

made him agree all the same.

"I, too, think it should be done," he said.

"And you?" asked the president, turning to the serious member.

"On no account," he answered, firmly. "As it is, the papers

accuse the jury of acquitting prisoners. What will they say if

the Court does it? I, shall not agree to that on any account."

The president looked at his watch. "It is a pity, but what's to

be done?" and handed the questions to the foreman to read out.

All got up, and the foreman, stepping from foot to foot, coughed,

and read the questions and the answers. All the Court, secretary,

advocates, and even the public prosecutor, expressed surprise.

The prisoners sat impassive, evidently not understanding the

meaning of the answers. Everybody sat down again, and the

president asked the prosecutor what punishments the prisoners

were to be subjected to.

The prosecutor, glad of his unexpected success in getting Maslova

convicted, and attributing the success entirely to his own

eloquence, looked up the necessary information, rose and said:

"With Simeon Kartinkin I should deal according to Statute 1,452

paragraph 93. Euphemia Botchkova according to Statute . . ., etc.

Katerina Maslova according to Statute . . ., etc."

All three punishments were the heaviest that could be inflicted.

"The Court will adjourn to consider the sentence," said the

president, rising. Everybody rose after him, and with the

pleasant feeling of a task well done began to leave the room or

move about in it.

"D'you know, sirs, we have made a shameful hash of it?" said

Peter Gerasimovitch, approaching Nekhludoff, to whom the foreman

was relating something. "Why, we've got her to Siberia."

"What are you saying?" exclaimed Nekhludoff. This time he did not

notice the teacher's familiarity.

"Why, we did not put in our answer 'Guilty, but without intent of

causing death.' The secretary just told me the public prosecutor

is for condemning her to 15 years' penal servitude."




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