The Complete Works of Leo Tolstoy (25+ Works with active table of contents) (470 page)

CHAPTER XX

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THE TRIAL--THE MEDICAL REPORT.

But, as if to spite him, the case dragged out to a great length. After each witness had been examined separately and the expert last of all, and a great number of useless questions had been put, with the usual air of importance, by the public prosecutor and by both advocates, the president invited the jury to examine the objects offered as material evidence. They consisted of an enormous diamond ring, which had evidently been worn on the first finger, and a test tube in which the poison had been analysed. These things had seals and labels attached to them.

Just as the witnesses were about to look at these things, the public prosecutor rose and demanded that before they did this the results of the doctor's examination of the body should be read. The president, who was hurrying the business through as fast as he could in order to visit his Swiss friend, though he knew that the reading of this paper could have no other effect than that of producing weariness and putting off the dinner hour, and that the public prosecutor wanted it read simply because he knew he had a right to demand it, had no option but to express his consent.

The secretary got out the doctor's report and again began to read in his weary lisping voice, making no distinction between the "r's" and "l's."

The external examination proved that:

"1. Theropont Smelkoff's height was six feet five inches.

"Not so bad, that. A very good size," whispered the merchant, with interest, into Nekhludoff's ear.

2. He looked about 40 years of age.

3. The body was of a swollen appearance.

4. The flesh was of a greenish colour, with dark spots in several places.

5. The skin was raised in blisters of different sizes and in places had come off in large pieces.

6. The hair was chestnut; it was thick, and separated easily from the skin when touched.

7. The eye-balls protruded from their sockets and the cornea had grown dim.

8. Out of the nostrils, both ears, and the mouth oozed serous liquid; the mouth was half open.

9. The neck had almost disappeared, owing to the swelling of the face and chest."

And so on and so on.

Four pages were covered with the 27 paragraphs describing all the details of the external examination of the enormous, fat, swollen, and decomposing body of the merchant who had been making merry in the town. The indefinite loathing that Nekhludoff felt was increased by the description of the corpse. Katusha's life, and the scrum oozing from the nostrils of the corpse, and the eyes that protruded out of their sockets, and his own treatment of her--all seemed to belong to the same order of things, and he felt surrounded and wholly absorbed by things of the same nature.

When the reading of the report of the external examination was ended, the president heaved a sigh and raised his hand, hoping it was finished; but the secretary at once went on to the description of the internal examination. The president's head again dropped into his hand and he shut his eyes. The merchant next to Nekhludoff could hardly keep awake, and now and then his body swayed to and fro. The prisoners and the gendarmes sat perfectly quiet.

The internal examination showed that:

"1. The skin was easily detachable from the bones of the skull, and there was no coagulated blood.

"2. The bones of the skull were of average thickness and in sound condition.

"3. On the membrane of the brain there were two discoloured spots about four inches long, the membrane itself being of a dull white." And so on for 13 paragraphs more. Then followed the names and signatures of the assistants, and the doctor's conclusion showing that the changes observed in the stomach, and to a lesser degree in the bowels and kidneys, at the postmortem examination, and described in the official report, gave great probability to the conclusion that Smelkoff's death was caused by poison which had entered his stomach mixed with alcohol. To decide from the state of the stomach what poison had been introduced was difficult; but it was necessary to suppose that the poison entered the stomach mixed with alcohol, since a great quantity of the latter was found in Smelkoff's stomach.

"He could drink, and no mistake," again whispered the merchant, who had just waked up.

The reading of this report had taken a full hour, but it had not satisfied the public prosecutor, for, when it had been read through and the president turned to him, saying, "I suppose it is superfluous to read the report of the examination of the internal organs?" he answered in a severe tone, without looking at the president, "I shall ask to have it read."

He raised himself a little, and showed by his manner that he had a right to have this report read, and would claim this right, and that if that were not granted it would serve as a cause of appeal.

The member of the Court with the big beard, who suffered from catarrh of the stomach, feeling quite done up, turned to the president:

"What is the use of reading all this? It is only dragging it out. These new brooms do not sweep clean; they only take a long while doing it."

The member with the gold spectacles said nothing, but only looked gloomily in front of him, expecting nothing good, either from his wife or life in general. The reading of the report commenced.

"In the year 188-, on February 15th, I, the undersigned, commissioned by the medical department, made an examination, No. 638," the secretary began again with firmness and raising the pitch of his voice as if to dispel the sleepiness that had overtaken all present, "in the presence of the assistant medical inspector, of the internal organs:

"1. The right lung and the heart (contained in a 6-lb. glass jar).

"2. The contents of the stomach (in a 6-lb. glass jar).

"3. The stomach itself (in a 6-lb. glass jar).

"4. The liver, the spleen and the kidneys (in a 9-lb. glass jar).

5. The intestines (in a 9-lb. earthenware jar)."

The president here whispered to one of the members, then stooped to the other, and having received their consent, he said: "The Court considers the reading of this report superfluous." The secretary stopped reading and folded the paper, and the public prosecutor angrily began to write down something. "The gentlemen of the jury may now examine the articles of material evidence," said the president. The foreman and several of the others rose and went to the table, not quite knowing what to do with their hands. They looked in turn at the glass, the test tube, and the ring. The merchant even tried on the ring.

"Ah! that was a finger," he said, returning to his place; "like a cucumber," he added. Evidently the image he had formed in his mind of the gigantic merchant amused him.

CHAPTER XXI

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THE TRIAL--THE PROSECUTOR AND THE ADVOCATES.

When the examination of the articles of material evidence was finished, the president announced that the investigation was now concluded and immediately called on the prosecutor to proceed, hoping that as the latter was also a man, he, too, might feel inclined to smoke or dine, and show some mercy on the rest. But the public prosecutor showed mercy neither to himself nor to any one else. He was very stupid by nature, but, besides this, he had had the misfortune of finishing school with a gold medal and of receiving a reward for his essay on "Servitude" when studying Roman Law at the University, and was therefore self-confident and self-satisfied in the highest degree (his success with the ladies also conducing to this) and his stupidity had become extraordinary.

When the word was given to him, he got up slowly, showing the whole of his graceful figure in his embroidered uniform. Putting his hand on the desk he looked round the room, slightly bowing his head, and, avoiding the eyes of the prisoners, began to read the speech he had prepared while the reports were being read.

"Gentlemen of the jury! The business that now lies before you is, if I may so express myself, very characteristic."

The speech of a public prosecutor, according to his views, should always have a social importance, like the celebrated speeches made by the advocates who have become distinguished. True, the audience consisted of three women--a semptress, a cook, and Simeon's sister--and a coachman; but this did not matter. The celebrities had begun in the same way. To be always at the height of his position, i.e., to penetrate into the depths of the psychological significance of crime and to discover the wounds of society, was one of the prosecutor's principles.

"You see before you, gentlemen of the jury, a crime characteristic, if I may so express myself, of the end of our century; bearing, so to say, the specific features of that very painful phenomenon, the corruption to which those elements of our present-day society, which are, so to say, particularly exposed to the burning rays of this process, are subject."

The public prosecutor spoke at great length, trying not to forget any of the notions he had formed in his mind, and, on the other hand, never to hesitate, and let his speech flow on for an hour and a quarter without a break.

Only once he stopped and for some time stood swallowing his saliva, but he soon mastered himself and made up for the interruption by heightened eloquence. He spoke, now with a tender, insinuating accent, stepping from foot to foot and looking at the jury, now in quiet, business-like tones, glancing into his notebook, then with a loud, accusing voice, looking from the audience to the advocates. But he avoided looking at the prisoners, who were all three fixedly gazing at him. Every new craze then in vogue among his set was alluded to in his speech; everything that then was, and some things that still are, considered to be the last words of scientific wisdom: the laws of heredity and inborn criminality, evolution and the struggle for existence, hypnotism and hypnotic influence.

According to his definition, the merchant Smelkoff was of the genuine Russian type, and had perished in consequence of his generous, trusting nature, having fallen into the hands of deeply degraded individuals.

Simeon Kartinkin was the atavistic production of serfdom, a stupefied, ignorant, unprincipled man, who had not even any religion. Euphemia was his mistress, and a victim of heredity; all the signs of degeneration were noticeable in her. The chief wire-puller in this affair was Maslova, presenting the phenomenon of decadence in its lowest form. "This woman," he said, looking at her, "has, as we have to-day heard from her mistress in this court, received an education; she cannot only read and write, but she knows French; she is illegitimate, and probably carries in her the germs of criminality. She was educated in an enlightened, noble family and might have lived by honest work, but she deserts her benefactress, gives herself up to a life of shame in which she is distinguished from her companions by her education, and chiefly, gentlemen of the jury, as you have heard from her mistress, by her power of acting on the visitors by means of that mysterious capacity lately investigated by science, especially by the school of Charcot, known by the name of hypnotic influence. By these means she gets hold of this Russian, this kind-hearted Sadko, [Sadko, the hero of a legend] the rich guest, and uses his trust in order first to rob and then pitilessly to murder him."

"Well, he is piling it on now, isn't he?" said the president with a smile, bending towards the serious member.

"A fearful blockhead!" said the serious member.

Meanwhile the public prosecutor went on with his speech. "Gentlemen of the jury," gracefully swaying his body, "the fate of society is to a certain extent in your power. Your verdict will influence it. Grasp the full meaning of this crime, the danger that awaits society from those whom I may perhaps be permitted to call pathological individuals, such as Maslova. Guard it from infection; guard the innocent and strong elements of society from contagion or even destruction."

And as if himself overcome by the significance of the expected verdict, the public prosecutor sank into his chair, highly delighted with his speech.

The sense of the speech, when divested of all its flowers of rhetoric, was that Maslova, having gained the merchant's confidence, hypnotised him and went to his lodgings with his key meaning to take all the money herself, but having been caught in the act by Simeon and Euphemia had to share it with them. Then, in order to hide the traces of the crime, she had returned to the lodgings with the merchant and there poisoned him.

After the prosecutor had spoken, a middle-aged man in swallow-tail coat and low-cut waistcoat showing a large half-circle of starched white shirt, rose from the advocates' bench and made a speech in defence of Kartinkin and Botchkova; this was an advocate engaged by them for 300 roubles. He acquitted them both and put all the blame on Maslova. He denied the truth of Maslova's statements that Botchkova and Kartinkin were with her when she took the money, laying great stress on the point that her evidence could not be accepted, she being charged with poisoning. "The 2,500 roubles," the advocate said, "could have been easily earned by two honest people getting from three to five roubles per day in tips from the lodgers. The merchant's money was stolen by Maslova and given away, or even lost, as she was not in a normal state."