Part 1 Chapter 11
THE TRIAL--MASLOVA CROSS-EXAMINED.
When the reading of the indictment was over, the president, after having consulted the members, turned to Kartinkin, with an expression that plainly said: Now we shall find out the whole truth down to the minutest detail.
"Peasant Simeon Kartinkin," he said, stooping to the left.
Simeon Kartinkin got up, stretched his arms down his sides, and leaning forward with his whole body, continued moving his cheeks inaudibly.
"You are accused of having on the 17th January, 188--, together with Euphemia Botchkova and Katerina Maslova, stolen money from a portmanteau belonging to the merchant Smelkoff, and then, having procured some arsenic, persuaded Katerina Maslova to give it to the merchant Smelkoff in a glass of brandy, which was the cause of Smelkoff's death. Do you plead guilty?" said the president, stooping to the right.
"Not nohow, because our business is to attend on the lodgers, and--"
"You'll tell us that afterwards. Do you plead guilty?"
"Oh, no, sir. I only,--"
"You'll tell us that afterwards. Do you plead guilty?" quietly and firmly asked the president.
"Can't do such a thing, because that--"
The usher again rushed up to Simeon Kartinkin, and stopped him in a tragic whisper.
The president moved the hand with which he held the paper and placed the elbow in a different position with an air that said: "This is finished," and turned to Euphemia Botchkova.
"Euphemia Botchkova, you are accused of having, on the 17th of January, 188-, in the lodging-house Mauritania, together with Simeon Kartinkin and Katerina Maslova, stolen some money and a ring out of the merchant Smelkoff's portmanteau, and having shared the money among yourselves, given poison to the merchant Smelkoff, thereby causing his death. Do you plead guilty?"
"I am not guilty of anything," boldly and firmly replied the prisoner. "I never went near the room, but when this baggage went in she did the whole business."
"You will say all this afterwards," the president again said, quietly and firmly. "So you do not plead guilty?"
"I did not take the money nor give the drink, nor go into the room. Had I gone in I should have kicked her out."
"So you do not plead guilty?"
"Never."
"Very well."
"Katerina Maslova," the president began, turning to the third prisoner, "you are accused of having come from the brothel with the key of the merchant Smelkoff's portmanteau, money, and a ring." He said all this like a lesson learned by heart, leaning towards the member on his left, who was whispering into his car that a bottle mentioned in the list of the material evidence was missing. "Of having stolen out of the portmanteau money and a ring," he repeated, "and shared it. Then, returning to the lodging house Mauritania with Smelkoff, of giving him poison in his drink, and thereby causing his death. Do you plead guilty?"
"I am not guilty of anything," she began rapidly. "As I said before I say again, I did not take it--I did not take it; I did not take anything, and the ring he gave me himself."
"You do not plead guilty of having stolen 2,500 roubles?" asked the president.
"I've said I took nothing but the 40 roubles."
"Well, and do you plead guilty of having given the merchant Smelkoff a powder in his drink?"
"Yes, that I did. Only I believed what they told me, that they were sleeping powders, and that no harm could come of them. I never thought, and never wished. . . God is my witness; I say, I never meant this," she said.
"So you do not plead guilty of having stolen the money and the ring from the merchant Smelkoff, but confess that you gave him the powder?" said the president.
"Well, yes, I do confess this, but I thought they were sleeping powders. I only gave them to make him sleep; I never meant and never thought of worse."
"Very well," said the president, evidently satisfied with the results gained. "Now tell us how it all happened," and he leaned back in his chair and put his folded hands on the table. "Tell us all about it. A free and full confession will be to your advantage."
Maslova continued to look at the president in silence, and blushing.
"Tell us how it happened."
"How it happened?" Maslova suddenly began, speaking quickly. "I came to the lodging-house, and was shown into the room. He was there, already very drunk." She pronounced the word _he_ with a look of horror in her wide-open eyes. "I wished to go away, but he would not let me." She stopped, as if having lost the thread, or remembered some thing else.
"Well, and then?"
"Well, what then? I remained a bit, and went home again."
At this moment the public prosecutor raised himself a little, leaning on one elbow in an awkward manner.
"You would like to put a question?" said the president, and having received an answer in the affirmative, he made a gesture inviting the public prosecutor to speak.
"I want to ask, was the prisoner previously acquainted with Simeon Kartinkin?" said the public prosecutor, without looking at Maslova, and, having put the question, he compressed his lips and frowned.
The president repeated the question. Maslova stared at the public prosecutor, with a frightened look.
"With Simeon? Yes," she said.
"I should like to know what the prisoner's acquaintance with Kartinkin consisted in. Did they meet often?"
"Consisted in? . . . He invited me for the lodgers; it was not an acquaintance at all," answered Maslova, anxiously moving her eyes from the president to the public prosecutor and back to the president.
"I should like to know why Kartinkin invited only Maslova, and none of the other girls, for the lodgers?" said the public prosecutor, with half-closed eyes and a cunning, Mephistophelian smile.
"I don't know. How should I know?" said Maslova, casting a frightened look round, and fixing her eyes for a moment on Nekhludoff. "He asked whom he liked."
"Is it possible that she has recognised me?" thought Nekhludoff, and the blood rushed to his face. But Maslova turned away without distinguishing him from the others, and again fixed her eyes anxiously on the public prosecutor.
"So the prisoner denies having had any intimate relations with Kartinkin? Very well, I have no more questions to ask."
And the public prosecutor took his elbow off the desk, and began writing something. He was not really noting anything down, but only going over the letters of his notes with a pen, having seen the procureur and leading advocates, after putting a clever question, make a note, with which, later on, to annihilate their adversaries.
The president did not continue at once, because he was consulting the member with the spectacles, whether he was agreed that the questions (which had all been prepared be forehand and written out) should be put.
"Well! What happened next?" he then went on.
"I came home," looking a little more boldly only at the president, "and went to bed. Hardly had I fallen asleep when one of our girls, Bertha, woke me. 'Go, your merchant has come again!' He"--she again uttered the word _he_ with evident horror-- "he kept treating our girls, and then wanted to send for more wine, but his money was all gone, and he sent me to his lodgings and told me where the money was, and how much to take. So I went."
The president was whispering to the member on his left, but, in order to appear as if he had heard, he repeated her last words.
"So you went. Well, what next?"
"I went, and did all he told me; went into his room. I did not go alone, but called Simeon Kartinkin and her," she said, pointing to Botchkova.
"That's a lie; I never went in," Botchkova began, but was stopped.
"In their presence I took out four notes," continued Maslova, frowning, without looking at Botchkova.
"Yes, but did the prisoner notice," again asked the prosecutor, "how much money there was when she was getting out the 40 roubles?"
Maslova shuddered when the prosecutor addressed her; she did not know why it was, but she felt that he wished her evil.
"I did not count it, but only saw some 100-rouble notes."
"Ah! The prisoner saw 100-rouble notes. That's all?"
"Well, so you brought back the money," continued the president, looking at the clock.
"I did."
"Well, and then?"
"Then he took me back with him," said Maslova.
"Well, and how did you give him the powder? In his drink?"
"How did I give it? I put them in and gave it him."
"Why did you give it him?"
She did not answer, but sighed deeply and heavily.
"He would not let me go," she said, after a moment's silence, "and I was quite tired out, and so I went out into the passage and said to Simeon, 'If he would only let me go, I am so tired.' And he said, 'We are also sick of him; we were thinking of giving him a sleeping draught; he will fall asleep, and then you can go.' So I said all right. I thought they were harmless, and he gave me the packet. I went in. He was lying behind the partition, and at once called for brandy. I took a bottle of 'fine champagne' from the table, poured out two glasses, one for him and one for myself, and put the powders into his glass, and gave it him. Had I known how could I have given them to him?"
"Well, and how did the ring come into your possession?" asked the president. "When did he give it you?"
"That was when we came back to his lodgings. I wanted to go away, and he gave me a knock on the head and broke my comb. I got angry and said I'd go away, and he took the ring off his finger and gave it to me so that I should not go," she said.
Then the public prosecutor again slightly raised himself, and, putting on an air of simplicity, asked permission to put a few more questions, and, having received it, bending his head over his embroidered collar, he said: "I should like to know how long the prisoner remained in the merchant Smelkoff's room."
Maslova again seemed frightened, and she again looked anxiously from the public prosecutor to the president, and said hurriedly:
"I do not remember how long."
"Yes, but does the prisoner remember if she went anywhere else in the lodging-house after she left Smelkoff?"
Maslova considered for a moment. "Yes, I did go into an empty room next to his."
"Yes, and why did you go in?" asked the public prosecutor, forgetting himself, and addressing her directly.
"I went in to rest a bit, and to wait for an isvostchik."
"And was Kartinkin in the room with the prisoner, or not?"
"He came in."
"Why did he come in?"
"There was some of the merchant's brandy left, and we finished it together."
"Oh, finished it together. Very well! And did the prisoner talk to Kartinkin, and, if so, what about?"
Maslova suddenly frowned, blushed very red, and said, hurriedly, "What about? I did not talk about anything, and that's all I know. Do what you like with me; I am not guilty, and that's all."
"I have nothing more to ask," said the prosecutor, and, drawing up his shoulders in an unnatural manner, began writing down, as the prisoner's own evidence, in the notes for his speech, that she had been in the empty room with Kartinkin.
There was a short silence.
"You have nothing more to say?"
"I have told everything," she said, with a sigh, and sat down.
Then the president noted something down, and, having listened to something that the member on his left whispered to him, he announced a ten-minutes' interval, rose hurriedly, and left the court. The communication he had received from the tall, bearded member with the kindly eyes was that the member, having felt a slight stomach derangement, wished to do a little massage and to take some drops. And this was why an interval was made.
When the judges had risen, the advocates, the jury, and the witnesses also rose, with the pleasant feeling that part of the business was finished, and began moving in different directions.
Nekhludoff went into the jury's room, and sat down by the window.
等到起诉书念完，庭长同两个法官商量了一番，然后转身对卡尔津金说话，脸上的神情分明表示：这下子我们就会把全部案情弄个水落石出了。
“农民西蒙·卡尔津金，”他身一子侧向左边，开口说。
西蒙·卡尔津金站起来，两手贴住裤子两侧的接缝，整个身一子向前冲，两边腮帮无声地抖动个不停。
“你被控于一八八×年一月十七日串通叶菲米雅·包奇科娃和叶卡吉琳娜·玛丝洛娃盗窃商人斯梅里科夫皮箱里的现款，然后拿来砒霜，唆使叶卡吉琳娜·玛丝洛娃放在酒里给商人斯梅里科夫喝下，致使斯梅里科夫中毒毙命。你承认自己犯了罪吗？”他说完把身一子侧向右边。
“绝对没这回事，因为我们的本份是伺候客人……”
“这话你留到以后再说。你承认自己犯了罪吗？”
“绝对没有，老爷。我只是……”
“有话以后再说。你承认自己犯了罪吗？”庭长从容而坚决地再次问道。
“我可不会干这种事，因为……”
民事执行吏又连忙奔到西蒙·卡尔津金身边，悲天悯人地低声制止他。
庭长现出对他的审问已经完毕的神气，把拿文件那只手的臂肘挪了个地方，转身对叶菲米雅·包奇科娃说话。
“叶菲米雅·包奇科娃，你被控于一八八×年一月十七日在摩尔旅馆串通西蒙·卡尔津金和叶卡吉琳娜·玛丝洛娃从商人斯梅里科夫皮箱里盗窃其现款与戒指一枚，三人分赃，并为掩盖你们的罪行，让商人斯梅里科夫喝下毒酒，致使他毙命。你承认自己犯了罪吗？”
“我什么罪也没有，”这个女被告神气活现地断然说。“我连那个房间都没有进去过……既然那个贱货进去过，那就是她作的案。”
“这话你以后再说，”庭长又是那么软中带硬地说。“那么你不承认自己犯了罪吗？”
“钱不是我拿的，酒也不是我灌的，我连房门都没有踏进去过。我要是在场，准会把她撵走。”
“你不承认自己犯了罪吗？”
“从来没犯过。”
“很好。”
“叶卡吉琳娜·玛丝洛娃，”庭长转身对第三个被告说，“你被控带着商人斯梅里科夫的皮箱钥匙从一妓一院去到摩尔旅馆，窃取箱里现款和戒指一枚，”他象背书一般熟练地说，同时把耳朵凑近左边的法官，那个法官对他说，查对物证清单还少一个酒瓶。“窃取箱里现款和戒指一枚，”庭长又说了一遍，“你们分了赃，然后你又同商人斯梅里科夫一起回到摩尔旅馆，你给斯梅里科夫喝了毒酒，因而使他毙命。你承认自己犯了罪吗？”
“我什么罪也没有，”她急急地说，“我原先这么说，现在也这么说：我没有拿过，没有拿过就是没有拿过，我什么也没有拿过，至于戒指是他自己给我的……”
“你不承认犯有盗窃两千五百卢布现款的罪行吗？”庭长问。
“我说过，除了四十卢布以外，我什么也没有拿过。”
“那么，你犯了给商人斯梅里科夫喝毒酒的罪行，你承认吗？”
“这事我承认。不过人家告诉我那是安眠药，吃了没有关系，我也就相信了。我没有想到他会死，我也没有存心要害他。我可以当着上帝的面起誓，我没有这个念头，”她说。
“这么说，你不承认犯有盗窃商人斯梅里科夫现款和戒指的罪行，”庭长说。“可是你承认给他喝过毒酒，是吗？”
“承认是承认，不过我以为那是安眠药。我给他吃是为了要他睡觉。我没有想害死他，我没有这个念头。”
“很好，”庭长说，对取得的结果显然很满意。“那么你把事情的经过说一说，”他说，身一子往椅背一靠，两手放在桌上。
“把全部经过从头到尾说一说。你老实招供就可以得到从宽发落。”
玛丝洛娃眼睛一直盯着庭长，一言不发。
“你把事情的经过说一说。”
“事情的经过吗？”玛丝洛娃忽然很快地说。“我乘马车到了旅馆，他们把我领到他的房间里，当时他已经喝得烂醉了。”她说到他这个字时，脸上露出异常恐惧的神色，眼睛睁得老大。“我想走，他不放。”
她住了口，仿佛思路突然断了，或者想到了别的事。
“那么，后来呢？”
“后来还有什么呢？后来在那里待了一阵，就回家了。”
这当儿，副检察官怪模怪样地用一个臂肘支撑着，欠起身来。
“您要提问吗？”庭长问，听到副检察官肯定的回答，就做做手势，表示给他提问的权利。
“我想提一个问题：被告以前是不是认识西蒙·卡尔津金？”副检察官眼睛不望玛丝洛娃，说。
他提了问题，就抿紧嘴唇，皱起眉头。
庭长把这个问题重说了一遍。玛丝洛娃恐惧地直盯着副检察官。
“西蒙吗？以前就认识，”她说。
“现在我想知道被告同卡尔津金的一交一情怎么样。他们是不是常常见面？”
“一交一情怎么样吗？他常常找我去接客，谈不到什么一交一情，”玛丝洛娃回答，惊惶不安地瞧瞧副检察官，又望望庭长，然后又瞧瞧副检察官。
“我想知道，为什么卡尔津金总是只找玛丝洛娃接客，而不找别的姑一娘一，”副检察官眯缝起眼睛，带着一陰一险多疑的微笑，说。
“我不知道。教我怎么知道？”玛丝洛娃怯生生地向四下里瞧了瞧，她的目光在聂赫留朵夫身上停留了一刹那，回答说。“他想找谁就找谁。”
“难道被她认出来了？”聂赫留朵夫心惊胆战地想，觉得血往脸上直涌。其实玛丝洛娃并没有认出他，她立刻转过身去，又带着恐惧的神情凝视着副检察官。
“这么说，被告否认她同卡尔津金有过什么亲密关系，是吗？很好。我没有别的话要问了。”
副检察官立刻把臂肘从写字台上挪开，动手做笔记。其实他什么也没有记，只是用钢笔随意描着笔记本上的第一个字母。他常常看到检察官和律师这样做：当他们提了一个巧妙的问题以后，就在足以给对方致命打击的地方做个记号。
庭长没有立刻对被告说话，因为他这时正在问戴眼镜的法官，他同意不同意提出事先准备好并开列在纸上的那些问题。
“那么后来怎么样呢？”庭长又问玛丝洛娃。
“我回到家里，”玛丝洛娃继续说，比较大胆地瞧着庭长一个人，“我把钱一交一给掌班，就上一床一睡觉了。刚刚睡着，我们的姐妹别尔塔就把我唤醒了。她说：‘走吧，你那个做买卖的又来了。’我不愿意去，可是掌班硬叫我去。他就在旁边，”她一说到他字，显然又现出恐惧的神色，“他一直在给我们那些姐妹灌酒，后来他还要买酒，可是身上的钱花光了。掌班不信任他，不肯赊帐。他就派我到旅馆去。他告诉我钱在哪里，取多少。我就去了。”
庭长这时正在同左边那个法官低声一交一谈，没有听见玛丝洛娃在说什么，但为了假装他全听见了，就重复说了一遍她最后的那句话。
“你就乘车去了。那么后来又怎么样呢？”他说。
“我到了那里，就照他的话办，走进他的房间。不是自己一个人走进房间的，我叫了西蒙·米哈伊洛维奇一起进去，还有她，”她说着指指包奇科娃。
“她一胡一说，我压根儿没有进去过……”包奇科娃刚开口，就被制止了。
“我当着他们的面拿了四张红票子①，”玛丝洛娃皱起眉头，眼睛不瞧包奇科娃，继续说。
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①十卢布面值的钞票。
“那么，被告取出四十卢布时，有没有注意到里面有多少钱？”副检察官又问。
副检察官刚提问，玛丝洛娃就全身打了个哆嗦。她不懂是什么缘故，但觉得他对她不怀好意。
“我没有数过，我只看见都是些百卢布钞票。”
“被告看见了百卢布钞票，那么，我没有别的话要问了。”
“那么，后来你把钱取来了？”庭长看看表，又问。
“取来了。”
“那么，后来呢？”庭长问。
“后来他又把我带走了，”玛丝洛娃说。
“那么，你是怎样把药粉放在酒里给他喝下去的？”庭长问。
“怎样给吗？我把药粉撒在酒里，就给他喝了。”
“你为什么要给他喝呢？”
她没有回答，只无可奈何地长叹了一口气。
“他一直不肯放我走，”她沉默了一下，说。“我被他搞得筋疲力尽。我走到走廊里，对西蒙·米哈伊洛维奇说：‘但愿他能放我走。我累坏了。’西蒙·米哈伊洛维奇说：‘他把我们也弄得烦死了。我们来让他吃点安眠药，他一睡着，你就可以脱身了。’我说：‘好的。’我还以为那不是毒药。他就给了我一个小纸包。我走进房间，他躺在隔板后面，一看见我就要我给他倒白兰地。我拿起桌上一瓶上等白兰地，倒了两杯，一杯自己喝，一杯给他喝。我把药粉撒在他的杯子里，给他吃。我要是知道那是毒药，还会给他吃吗？”
“那么，那个戒指怎么会落到你手里的？”庭长问。
“戒指，那是他自己送给我的。”
“他什么时候送给你的？”
“我跟他一回到旅馆就想走，他就打我的脑袋，把梳子都打断了。我生气了，拔脚要走。他就摘下手上的戒指送给我，叫我别走，”玛丝洛娃说。
这时副检察官又站起来，仍旧装腔作势地要求庭长允许他再提几个问题。在取得许可以后，他把脑袋歪在绣花领子上，问道：
“我想知道，被告在商人斯梅里科夫房间里待了多少时间。”
玛丝洛娃又露出惊惶失措的神色，目光不安地从副检察官脸上移到庭长脸上，急急地说：
“我不记得待了多久。”
“那么，被告是不是记得，她从商人斯梅里科夫房间里出来后，有没有到旅馆别的什么地方去过？”
玛丝洛娃想了想。
“到隔壁一个空房间里去过，”她说。
“你到那里去干什么？”副检察官忘乎所以，竟直接向她提问题了。①
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①检察官按理必须通过庭长才能提问题。不能直接审问被告。
“我去理理衣服，等马车来。”
“那么，卡尔津金有没有同被告一起待在房间里？”
“他也去了。”
“他去干什么？”
“那商人还剩下一点白兰地，我们就一块儿喝了。”
“噢，一块儿喝了。很好。”
“那么，被告有没有同西蒙说过话？说了些什么？”
玛丝洛娃忽然皱起眉头，脸涨得通红，急急地说：
“说了什么？我什么也没有说。有过什么，我全讲了，别的什么也不知道。你们要拿我怎么办，就怎么办吧。我没有罪，就是这样。”
“我没有别的话了，”副检察官对庭长说，装腔作势地耸一起肩膀，动手在他的发言提纲上迅速记下被告的供词：她同西蒙一起到过那个空房间。
法庭上沉默了一阵子。
“你没有什么别的话要说吗？”
“我都说了，”玛丝洛娃叹口气说，坐下来。
随后一庭长在一张纸上记了些什么，接着听了左边的法官在他耳边低声说的话，就宣布审讯暂停十分钟，匆匆地站起来，走出法取。庭长同左边那个高个儿、大一胡一子、生有一双善良大眼睛的法官一交一谈的是这样一件事：那个法官感到胃里有点不舒服，自己要按摩一下，吃点药水。他把这事告诉了庭长，庭长就宣布审讯暂停。
陪审员、律师、证人随着法官纷纷站起来，大家高兴地感到一个重要案件已审完了一部分，开始走动。
聂赫留朵夫走进陪审员议事室，在窗前坐下来。