"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
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."