Part 1 Chapter 23
THE TRIAL--THE VERDICT.
At last the president finished his speech, and lifting the list of questions with a graceful movement of his arm he handed it to the foreman, who came up to take it. The jury, glad to be able to get into the debating-court, got up one after the other and left the room, looking as if a bit ashamed of themselves and again not knowing what to do with their hands. As soon as the door was closed behind them a gendarme came up to it, pulled his sword out of the scabbard, and, holding it up against his shoulder, stood at the door. The judges got up and went away. The prisoners were also led out. When the jury came into the debating-room the first thing they did was to take out their cigarettes, as before, and begin smoking. The sense of the unnaturalness and falseness of their position, which all of them had experienced while sitting in their places in the court, passed when they entered the debating-room and started smoking, and they settled down with a feeling of relief and at once began an animated conversation.
"'Tisn't the girl's fault. She's got mixed up in it," said the kindly merchant. "We must recommend her to mercy."
"That's just what we are going to consider," said the foreman. "We must not give way to our personal impressions."
"The president's summing up was good," remarked the colonel.
"Good? Why, it nearly sent me to sleep!"
"The chief point is that the servants could have known nothing about the money if Maslova had not been in accord with them," said the clerk of Jewish extraction.
"Well, do you think that it was she who stole the money?" asked one of the jury.
"I will never believe it," cried the kindly merchant; "it was all that red-eyed hag's doing."
"They are a nice lot, all of them," said the colonel.
"But she says she never went into the room."
"Oh, believe her by all means."
"I should not believe that jade, not for the world."
"Whether you believe her or not does not settle the question," said the clerk.
"The girl had the key," said the colonel.
"What if she had?" retorted the merchant.
"And the ring?"
"But didn't she say all about it?" again cried the merchant. "The fellow had a temper of his own, and had had a drop too much besides, and gave the girl a licking; what could be simpler? Well, then he's sorry--quite naturally. 'There, never mind,' says he; 'take this.' Why, I heard them say he was six foot five high; I should think he must have weighed about 20 stones."
"That's not the point," said Peter Gerasimovitch. "The question is, whether she was the instigator and inciter in this affair, or the servants?"
"It was not possible for the servants to do it alone; she had the key."
This kind of random talk went on for a considerable time. At last the foreman said: "I beg your pardon, gentlemen, but had we not better take our places at the table and discuss the matter? Come, please." And he took the chair.
The questions were expressed in the following manner.
1. Is the peasant of the village Borki, Krapivinskia district, Simeon Petrov Kartinkin, 33 years of age, guilty of having, in agreement with other persons, given the merchant Smelkoff, on the 17th January, 188-, in the town of N-----, with intent to deprive him of life, for the purpose of robbing him, poisoned brandy, which caused Smelkoff's death, and of having stolen from him about 2,500 roubles in money and a diamond ring?
2. Is the meschanka Euphemia Ivanovna Botchkova, 43 years of age, guilty of the crimes described above?
3. Is the meschanka Katerina Michaelovna Maslova, 27 years of age, guilty of the crimes described in the first question?
4. If the prisoner Euphemia Botchkova is not guilty according to the first question, is she not guilty of having, on the 17th January, in the town of N----, while in service at the hotel Mauritania, stolen from a locked portmanteau, belonging to the merchant Smelkoff, a lodger in that hotel, and which was in the room occupied by him, 2,500 roubles, for which object she unlocked the portmanteau with a key she brought and fitted to the lock?
The foreman read the first question.
"Well, gentlemen, what do you think?" This question was quickly answered. All agreed to say "Guilty," as if convinced that Kartinkin had taken part both in the poisoning and the robbery. An old artelshik, [member of an artel, an association of workmen, in which the members share profits and liabilities] whose answers were all in favour of acquittal, was the only exception.
The foreman thought he did not understand, and began to point out to him that everything tended to prove Kartinkin's guilt. The old man answered that he did understand, but still thought it better to have pity on him. "We are not saints ourselves," and he kept to his opinion.
The answer to the second question concerning Botchkova was, after much dispute and many exclamations, answered by the words, "Not guilty," there being no clear proofs of her having taken part in the poisoning--a fact her advocate had strongly insisted on. The merchant, anxious to acquit Maslova, insisted that Botchkova was the chief instigator of it all. Many of the jury shared this view, but the foreman, wishing to be in strict accord with the law, declared they had no grounds to consider her as an accomplice in the poisoning. After much disputing the foreman's opinion triumphed.
To the fourth question concerning Botchkova the answer was "Guilty." But on the artelshik's insistence she was recommended to mercy.
The third question, concerning Maslova, raised a fierce dispute. The foreman maintained she was guilty both of the poisoning and the theft, to which the merchant would not agree. The colonel, the clerk and the old artelshik sided with the merchant, the rest seemed shaky, and the opinion of the foreman began to gain ground, chiefly because all the jurymen were getting tired, and preferred to take up the view that would bring them sooner to a decision and thus liberate them.
From all that had passed, and from his former knowledge of Maslova, Nekhludoff was certain that she was innocent of both the theft and the poisoning. And he felt sure that all the others would come to the same conclusion. When he saw that the merchant's awkward defence (evidently based on his physical admiration for her, which he did not even try to hide) and the foreman's insistence, and especially everybody's weariness, were all tending to her condemnation, he longed to state his objections, yet dared not, lest his relations with Maslova should be discovered. He felt he could not allow things to go on without stating his objection; and, blushing and growing pale again, was about to speak when Peter Gerasimovitch, irritated by the authoritative manner of the foreman, began to raise his objections and said the very things Nekhludoff was about to say.
"Allow me one moment," he said. "You seem to think that her having the key proves she is guilty of the theft; but what could be easier than for the servants to open the portmanteau with a false key after she was gone?"
"Of course, of course," said the merchant.
"She could not have taken the money, because in her position she would hardly know what to do with it."
"That's just what I say," remarked the merchant.
"But it is very likely that her coming put the idea into the servants' heads and that they grasped the opportunity and shoved all the blame on her." Peter Gerasimovitch spoke so irritably that the foreman became irritated too, and went on obstinately defending the opposite views; but Peter Gerasimovitch spoke so convincingly that the majority agreed with him, and decided that Maslova was not guilty of stealing the money and that the ring was given her.
But when the question of her having taken part in the poisoning was raised, her zealous defender, the merchant, declared that she must be acquitted, because she could have no reason for the poisoning. The foreman, however, said that it was impossible to acquit her, because she herself had pleaded guilty to having given the powder.
"Yes, but thinking it was opium," said the merchant.
"Opium can also deprive one of life," said the colonel, who was fond of wandering from the subject, and he began telling how his brother-in-law's wife would have died of an overdose of opium if there had not been a doctor near at hand to take the necessary measures. The colonel told his story so impressively, with such self-possession and dignity, that no one had the courage to interrupt him. Only the clerk, infected by his example, decided to break in with a story of his own: "There are some who get so used to it that they can take 40 drops. I have a relative--," but the colonel would not stand the interruption, and went on to relate what effects the opium had on his brother-in-law's wife.
"But, gentlemen, do you know it is getting on towards five o'clock?" said one of the jury.
"Well, gentlemen, what are we to say, then?" inquired the foreman. "Shall we say she is guilty, but without intent to rob? And without stealing any property? Will that do?" Peter Gerasimovitch, pleased with his victory, agreed.
"But she must be recommended to mercy," said the merchant.
All agreed; only the old artelshik insisted that they should say "Not guilty."
"It comes to the same thing," explained the foreman; "without intent to rob, and without stealing any property. Therefore, 'Not guilty,' that's evident."
"All right; that'll do. And we recommend her to mercy," said the merchant, gaily.
They were all so tired, so confused by the discussions, that nobody thought of saying that she was guilty of giving the powder but without the intent of taking life. Nekhludoff was so excited that he did not notice this omission, and so the answers were written down in the form agreed upon and taken to the court.
Rabelais says that a lawyer who was trying a case quoted all sorts of laws, read 20 pages of judicial senseless Latin, and then proposed to the judges to throw dice, and if the numbers proved odd the defendant would he right, if not, the plaintiff.
It was much the same in this case. The resolution was taken, not because everybody agreed upon it, but because the president, who had been summing up at such length, omitted to say what he always said on such occasions, that the answer might be, "Yes, guilty, but without the intent of taking life;" because the colonel had related the story of his brother-in-law's wife at such great length; because Nekhludoff was too excited to notice that the proviso "without intent to take life" had been omitted, and thought that the words "without intent" nullified the conviction; because Peter Gerasimovitch had retired from the room while the questions and answers were being read, and chiefly because, being tired, and wishing to get away as soon as possible, all were ready to agree with the decision which would bring matters to an end soonest.
The jurymen rang the bell. The gendarme who had stood outside the door with his sword drawn put the sword back into the scabbard and stepped aside. The judges took their seats and the jury came out one by one.
The foreman brought in the paper with an air of solemnity and handed it to the president, who looked at it, and, spreading out his hands in astonishment, turned to consult his companions. The president was surprised that the jury, having put in a proviso--without intent to rob--did not put in a second proviso--without intent to take life. From the decision of the jury it followed that Maslova had not stolen, nor robbed, and yet poisoned a man without any apparent reason.
"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 he 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 he 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."
"Well, but it was decided so," said the foreman.
Peter Gerasimovitch began to dispute this, saying that since she did not take the money it followed naturally that she could not have had any intention of committing murder.
"But I read the answer before going out," said the foreman, defending himself, "and nobody objected."
"I had just then gone out of the room," said Peter Gerasimovitch, turning to Nekhludoff, "and your thoughts must have been wool-gathering to let the thing pass."
"I never imagined this," Nekhludoff replied.
"Oh, you didn't?"
"Oh, well, we can get it put right," said Nekhludoff.
"Oh, dear no; it's finished."
Nekhludoff looked at the prisoners. They whose fate was being decided still sat motionless behind the grating in front of the soldiers. Maslova was smiling. Another feeling stirred in Nekhludoff's soul. Up to now, expecting her acquittal and thinking she would remain in the town, he was uncertain how to act towards her. Any kind of relations with her would be so very difficult. But Siberia and penal servitude at once cut off every possibility of any kind of relations with her. The wounded bird would stop struggling in the game-bag, and no longer remind him of its existence.
庭长终于结束发言，洒脱地拿起问题表，一交一给走到他跟前的首席陪审员。陪审员纷纷起立，因为可以退庭而高兴，但又仿佛害臊似的，两手不知往哪儿搁，一个个走进议事室。等他们走进去一关上门，就有一个宪兵来到门口，从刀鞘里拔一出军刀搁在肩上，在门外站住。法官们站起来，走出去。被告们也被带走了。
陪审员走进议事室，象原先一样，第一件事就是掏出烟来吸。刚才在法庭里，他们坐在各自的座位上，多少都觉得自己的处境有点尴尬，自己的行为有点做作。但是一走进议事室开始吸烟，这种感觉就过去了。你们如释重负，在议事室里分头坐下，顿时兴致勃勃地一交一谈起来。
“那姑一娘一没有罪，她是一时糊涂，”好心肠的商人说，“应该从宽发落才是。”
“这正是我们要讨论的，”首席陪审员说。“我们不能凭个人印象办事。”
“庭长的总结做得很好，”那个上校说。
“哼，太好了！我差一点听得睡着了。”
“要是玛丝洛娃没有同他们串通好，他们不可能知道有这么一笔钱。关键就在这里，”脸型象犹太人的店员说。
“那么您的意思是说，钱是她偷的咯？”一个陪审员问道。
“这话我说什么也不信，”好心肠的商人叫起来，“全部勾当都是那个红眼睛的女骗子干的。”
“他们都是一路货，”上校说。
“可是她说她没有踏进那个房门。”
“您太相信她了。我这辈子说什么也不会相信那个贱货的。”
“不过，您光是不相信她，也不解决问题，”店员说。
“钥匙在她手里。”
“在她手里又怎么样？”商人反驳说。
“那么戒指呢？”
“她不是一再讲了吗，”商人又叫起来，“那买卖人脾气暴躁，再加喝了酒，就把她狠狠揍了一顿。后来呢，自然又疼她了。他就说：‘这个给你，别哭了。’那个家伙，据说身高二俄尺十二俄寸，体重有八普特①呢！”
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①1普特等于16．38公斤，8普特约合131公斤。
“这些都无关紧要，”彼得·盖拉西莫维奇打断他的话说，“问题在于这事是她策划和教唆的呢，还是那两个茶房？”
“不可能光是那两个茶房干的。钥匙在她手里嘛。”
他们就这样七嘴八舌地议论了好一阵。
“对不起，诸位先生，”首席陪审员说，“咱们坐到桌子旁边来讨论吧。请，”他说着在主席位子上坐下。
“那种姑一娘一都是坏蛋，”店员说。为了证实玛丝洛娃是主犯，他就讲到他的一个朋友怎样在林荫路上被一个这样的姑一娘一偷走了怀表。
上校就乘机讲了一个更加惊人的银茶炊失窃的案子。
“诸位先生，大家请按问题次序讨论，”首席陪审员用铅笔敲敲桌子说。
大家都住了口。要讨论的问题有这样几个：
（一）西蒙·彼得罗夫·卡尔津金，克拉比文县包尔基村农民，现年三十三岁。他有没有犯下下述罪行：一八八×年一月十七日在某城蓄意对商人斯梅里科夫谋财害命，串通他人在白兰地酒里放入毒药，致使斯梅里科夫死亡，并盗窃他的钱财约二千五百卢布和钻石戒指一枚？
（二）小市民叶菲米雅·包奇科娃，现年四十三岁，她有没有犯第一个问题里所列举的罪行？
（三）小市民叶卡吉琳娜·米哈依洛夫娜·玛丝洛娃，现年二十七岁，她有没有犯第一个问题里所列举的罪行？
（四）如果被告叶菲米雅·包奇科娃没有犯第一个问题里所列举的罪行，那么她有没有犯下下述罪行：一八八×年一月十七日在某城摩尔旅馆服务时，从投宿该旅馆商人斯梅里科夫房内锁着的皮箱中盗窃现款二千五百卢布，并为此用随身带去的钥匙开启皮箱？
首席陪审员把第一个问题念了一遍。
“怎么样，诸位先生？”
对这个问题大家很快作了回答。大家一致同意说：“是的，他犯了罪，”——认定他参与谋财害命。只有一个上了年纪的劳动组合成员不同意认定卡尔津金有罪，不论什么问题，他都为被告开脱。
首席陪审员以为他不懂法律，就向他解释，不论从哪方面看，卡尔津金和包奇科娃无疑都是有罪的，但他回答说他也明白这一点，但最好还是宽大为怀。“我们自己也不是圣人，”他坚持自己的意见说。
至于同包奇科娃有关的第二个问题，经过长时间讨论和解释以后，大家都认为：“她没有犯罪，”因为说她参与毒死人命案缺乏确凿的证据，这一点她的律师尤其强调。
商人想替玛丝洛娃开脱罪责，就坚持包奇科娃是罪魁祸首。好几个陪审员都同意他的意见，但首席陪审员要严格按法律办事，认为说包奇科娃是毒死人命案的同谋犯根据不足。
经过长时间争论以后，首席陪审员的意见胜利了。
至于有关包奇科娃的第四个问题，大家都回答说：“是的，她犯了罪，”不过应劳动组合成员的要求加了一句：“但可以从宽发落。”
同玛丝洛娃有关的第三个问题却引起了一场激烈争论。首席陪审员坚持说，她在毒死人命和盗窃钱财方面都犯了罪，商人不同意他的意见，上校、店员和劳动组合成员都支持商人，其余的人动摇不定，但首席陪审员的意见逐渐取得优势，主要因为陪审员个个都累了，情愿附和那种可以早些获得统一的意见，让大家离开法庭，自一由行动。
聂赫留朵夫根据法庭审讯情况和他对玛丝洛娃的了解，深信她在盗窃钱财和毒死人命两方面都没有罪。起初他相信大家会这样裁定，但后来看到，那商人由于贪恋玛丝洛娃的美色，并且对这一层直认不讳，并且替她辩护得十分拙劣。同时由于首席陪审员据此对他进行攻击，主要是因为大家都累了，因此都倾向于判玛丝洛娃有罪，聂赫留朵夫很想起来反驳，但他怕替玛丝洛娃说话，大家就会立刻发现他同她的特殊关系。但他又觉得这事不能就此罢休，应该起来反驳。他脸上一阵红，一阵白，刚要开口，不料到这时一直保持沉默的彼得·盖拉西莫维奇显然被首席陪审员那种唯我独尊的口吻所激怒，突然对他进行反驳，正好说出了聂赫留朵夫想说的话。
“对不起，”他说，“您说她偷了钱，因为她有钥匙。难道那两个茶房就不会在她走后用万能钥匙打开皮箱吗？”
“对呀，对呀！”商人响应说。
“再说，她也不可能拿那笔钱，因为就她的处境来说，她没有地方好放。”
“对，我也这么说，”商人支持他的意见。
“多半是她到旅馆取钱，使那两个茶房起了歹心。他们就乘机作案，事后又把全部罪责推到她身上。”
彼得·盖拉西莫维奇讲的时候情绪很激动。首席陪审员也恼火起来，因此特别固执地坚持相反的意见，但彼得·盖拉西莫维奇讲得很有道理，多数人都同意他的话，认为玛丝洛娃并没有参与盗窃钱财和戒指，戒指是商人送给她的。当谈到她有没有参与毒死人命罪时，热心替她辩护的商人说，必须裁定她没有犯这样的罪，因为她根本没有理由把他毒死。首席陪审员则说，不能裁定她无罪，因为她本人招认药粉是她放的。
“放是她放的，但她以为那是鸦片，”商人说。
“鸦片也能致人死命的，”上校说。他喜欢把话岔到题外去，就乘机讲到他的内弟媳妇有一次服鸦片自尽，要不是就近有医生，及时抢救，她就没命了。上校讲得那么动听，那么自信，那么威严，谁也不敢打断他的话。只有店员看到上校喜欢离题发挥，受了他的影响，决定打断他，好讲讲他自己的故事。
“有一些人可一习一惯了，”他讲了起来，“一次就能服四十滴鸦片。我有一个亲戚……”
但上校不让他打岔，继续讲鸦片对他内弟媳妇造成的后果。
“哦，诸位先生，现在已经四点多了，”一个陪审员说。
“那么怎么办，诸位先生，”首席陪审员说，“我们就裁定她犯了罪，但没有蓄意抢劫，没有盗窃财物。这样好不好？”
彼得·盖拉西莫维奇看到自己取得胜利，很得意，就表示同意。
“但应该从宽发落，”商人补了一句。
大家都同意，只有劳动组合成员一人坚持：“不，她没有罪。”
“这样岂不是说，”首席陪审员解释说，“并非蓄意抢劫，也没有盗窃财物。这样，她也就没有罪了。”
“就这么办吧，再加上要求从宽发落，那就尽善尽美了，”
商人兴高采烈地说。
大家争论得头昏脑胀，都很疲劳，谁也没有想到在答案里要加上一句：是有罪，但并非蓄意杀人。
聂赫留朵夫太激动了，也没有发觉这个疏忽。答案就这样记录下来，被送到庭上。
拉伯雷①写过一个法学家，他在办案时引证各种法律条款，念了二十页莫名其妙的拉丁文法典，最后却建议法官掷骰子，看是单数还是双数。是双数，就是原告有理；是单数，就是被告有理。
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①拉伯雷（1490—1553）——法国作家，人文主义者，以讽刺见长，著有长篇小说《巨人传》。
今天的情况也是这样。通过这个决定而不是通过那个决定，并非因为大家都同意这个决定，而是因为第一，会议主持者的总结虽然做得那么长，却偏偏漏掉平日讲惯的那句话：“是的，她有罪，但并非蓄意杀人”；第二，上校讲他内弟媳妇的事讲得太长，太乏味；第三，聂赫留朵夫当时太激动，竟没有注意到漏掉“并非蓄意杀人”这个保留条款，他还以为有了“并非蓄意抢劫”这个保留条款就足以撤销公诉；第四，彼得·盖拉西莫维奇当时不在房间里，首席陪审员重读问题和答案时，他正好出去了；不过主要是因为大家都感到疲劳，都想快点脱身，因此就一致同意那个可以早一点结束的决定。
陪审员摇了摇铃。掮着出鞘军刀的宪兵把刀放回鞘里，身一子闪到一旁。法官纷纷就位。陪审员一个跟着一个出来。
首席陪审员郑重其事地拿着那张表格。他走到庭长跟前，把表格递给他。庭长看完表格，显然大为惊讶，双手一摊，就同其余两位法官商量。庭长感到惊讶，因为陪审员提出了第一个保留条款：“并非蓄意抢劫”，却没有提出第二个保留条款：“并非蓄意杀人”。照陪审员这个决定只能得出这样的结论：玛丝洛娃没有盗窃，没有抢劫，却无缘无故毒死了一个人。
“您瞧，他们的答案多么荒唐，”庭长对左边的法官说，“这样她就要被判服苦役，可她又没有罪。”
“嗯，她怎么没有罪呢？”那个严厉的法官说。
“她就是没有罪。依我看，这种情形可以引用第八百一十八条。”（第八百一十八条规定：法庭如发现裁决不当，可取消陪审员的决定。）
“您看怎么样？”庭长问那个和善的法官。
和善的法官没有立刻回答，却看了看面前那份公文的号码，算了算那个数目能不能被三除尽。他计算着，要是能除尽，他就同意。结果这个数目除不尽，但他这人心地善良，还是同意了庭长的意见。
“我也认为应该这么办，”他说。
“那么您呢？”庭长问那个怒容满面的法官。
“说什么也不行，”他斩钉截铁地回答。“现在报纸上已经议论纷纷，说陪审员总是替罪犯开脱。要是法官也替罪犯开脱，人家又会怎么说呢？我说什么也不同意。”
庭长看了看表。
“很遗憾，可是有什么办法呢！”他说着把那份答案一交一给首席陪审员宣读。
全体起立。首席陪审员掉换一只脚站着，咳清喉咙，把问题和答案宣读了一遍。法庭上的官员，包括书记官、律师，甚至检察官，个个露出惊讶的神色。
三个被告都若无其事地坐在那里，显然并不了解这答案的利害关系。大家又坐下来。庭长问副检察官，他认为应该判处那几个被告什么刑罚。
这样处理玛丝洛娃使副检察官感到意外的成功。他心里十分高兴，并把这成功归因于他出色的口才。他查了查法典，站起来说：
“我认为处分西蒙·卡尔津金应根据第一千四百五十二条和第一千四百五十三条，处分叶菲米雅·包奇科娃应根据第一千六百五十九条，处分叶卡吉琳娜·玛丝洛娃应根据第一千四百五十四条。”
这几条都是法律所能判处的最重刑罚。
“审理暂停，法官商议判决，”庭长一边说，一边站起来。
大家都随着他起立，带着办完一件好事的轻松心情纷纷走出法庭，或者在法庭里来回走动。
“哦，老兄，我们做了一件错事，太丢人了，”彼得·盖拉西莫维奇走到聂赫留朵夫跟前说，这当儿首席陪审员正在对聂赫留朵夫讲话。“我们这是把她送去服苦役呀！”
“您说什么？”聂赫留朵夫叫起来，这会儿他完全不计较这位教师不拘礼节的态度。
“可不是，”他说。“我们在答案里没有注明：‘她有罪，但并非蓄意杀人。’刚才书记官告诉我：副检察官判她服十五年苦役。”
“我们不就是这样裁定的吗？”首席陪审员说。
彼得·盖拉西莫维奇争议说，既然她没有偷钱，她当然不可能蓄意杀人，这是理所当然的。
“刚才离开议事室以前我不是把答案念了一遍吗？”首席陪审员辩白说。“当时谁也没有反对。”
“当时我正好离开议事室，”彼得·盖拉西莫维奇说。“您怎么也会没注意？”
“我万万没有想到，”聂赫留朵夫说。
“哼，您没有想到！”
“这事还可以补救，”聂赫留朵夫说。
“唉，不行，现在全完了。”
聂赫留朵夫瞧了瞧那几个被告。他们，这几个命运已定的人，仍旧呆呆地坐在栏杆和士兵中间。玛丝洛娃不知为什么在微笑。聂赫留朵夫的心灵里有一种卑劣的感情在蠢蠢活动。他原以为她会无罪开释并将留在城里，因此感到忐忑不安，不知道该怎样对待她才好。就他来说，不论怎样对待她都很为难。如今呢，服苦役，去西伯利亚，这样就一笔勾销了同她保持任何关系的可能：那只负伤而没有死去的鸟就不会再在猎物袋里扑腾，也就不会使人想起它了。