The Complete Works of Leo Tolstoy (25+ Works with active table of contents) (478 page)

"I thank you very much, Agraphena Petrovna, for all your care for me, but I no longer require so large a house nor so many servants. If you wish to help me, be so good as to settle about the things, put them away as it used to be done during mamma's life, and when Natasha comes she will see to everything." Natasha was Nekhludoff's sister.

Agraphena Petrovna shook her head. "See about the things? Why, they'll be required again," she said.

"No, they won't, Agraphena Petrovna; I assure you they won't be required," said Nekhludoff, in answer to what the shaking of her head had expressed. "Please tell Corney also that I shall pay him two months' wages, but shall have no further need of him."

"It is a pity, Dmitri Ivanovitch, that you should think of doing this," she said. "Well, supposing you go abroad, still you'll require a place of residence again."

"You are mistaken in your thoughts, Agraphena Petrovna; I am not going abroad. If I go on a journey, it will be to quite a different place." He suddenly blushed very red. "Yes, I must tell her," he thought; "no hiding; everybody must be told."

"A very strange and important thing happened to me yesterday. Do you remember my Aunt Mary Ivanovna's Katusha?"

"Oh, yes. Why, I taught her how to sew."

"Well, this Katusha was tried in the Court and I was on the jury."

"Oh, Lord! What a pity!" cried Agraphena Petrovna. "What was she being tried for?"

"Murder; and it is I have done it all."

"Well, now this is very strange; how could you do it all?"

"Yes, I am the cause of it all; and it is this that has altered all my plans."

"What difference can it make to you?"

"This difference: that I, being the cause of her getting on to that path, must do all I can to help her."

"That is just according to your own good pleasure; you are not particularly in fault there. It happens to every one, and if one's reasonable, it all gets smoothed over and forgotten," she said, seriously and severely. "Why should you place it to your account? There's no need. I had already heard before that she had strayed from the right path. Well, whose fault is it?"

"Mine! that's why I want to put it right."

"It is hard to put right."

"That is my business. But if you are thinking about yourself, then I will tell you that, as mamma expressed the wish--"

"I am not thinking about myself. I have been so bountifully treated by the dear defunct, that I desire nothing. Lisenka" (her married niece) "has been inviting me, and I shall go to her when I am not wanted any longer. Only it is a pity you should take this so to heart; it happens to everybody."

"Well, I do not think so. And I still beg that you will help me let this lodging and put away the things. And please do not be angry with me. I am very, very grateful to you for all you have done."

And, strangely, from the moment Nekhludoff realised that it was he who was so bad and disgusting to himself, others were no longer disgusting to him; on the contrary, he felt a kindly respect for Agraphena Petrovna, and for Corney.

He would have liked to go and confess to Corney also, but Corney's manner was so insinuatingly deferential that he had not the resolution to do it.

On the way to the Law Courts, passing along the same streets with the same isvostchik as the day before, he was surprised what a different being he felt himself to be. The marriage with Missy, which only yesterday seemed so probable, appeared quite impossible now. The day before he felt it was for him to choose, and had no doubts that she would be happy to marry him; to-day he felt himself unworthy not only of marrying, but even of being intimate with her. "If she only knew what I am, nothing would induce her to receive me. And only yesterday I was finding fault with her because she flirted with N---. Anyhow, even if she consented to marry me, could I be, I won't say happy, but at peace, knowing that the other was here in prison, and would to-day or to-morrow he taken to Siberia with a gang of other prisoners, while I accepted congratulations and made calls with my young wife; or while I count the votes at the meetings, for and against the motion brought forward by the rural inspection, etc., together with the Marechal de Noblesse, whom I abominably deceive, and afterwards make appointments with his wife (how abominable!) or while I continue to work at my picture, which will certainly never get finished? Besides, I have no business to waste time on such things. I can do nothing of the kind now," he continued to himself, rejoicing at the change he felt within himself. "The first thing now is to see the advocate and find out his decision, and then . . . then go and see her and tell her everything."

And when he pictured to himself how he would see her, and tell her all, confess his sin to her, and tell her that he would do all in his power to atone for his sin, he was touched at his own goodness, and the tears came to his eyes.

CHAPTER XXXIV

.

THE ABSURDITY OF LAW--REFLECTIONS OF A JURYMAN.

On coming into the Law Courts Nekhludoff met the usher of yesterday, who to-day seemed to him much to be pitied, in the corridor, and asked him where those prisoners who had been sentenced were kept, and to whom one had to apply for permission to visit them. The usher told him that the condemned prisoners were kept in different places, and that, until they received their sentence in its final form, the permission to visit them depended on the president. "I'll come and call you myself, and take you to the president after the session. The president is not even here at present. After the session! And now please come in; we are going to commence."

Nekhludoff thanked the usher for his kindness, and went into the jurymen's room. As he was approaching the room, the other jurymen were just leaving it to go into the court. The merchant had again partaken of a little refreshment, and was as merry as the day before, and greeted Nekhludoff like an old friend. And to-day Peter Gerasimovitch did not arouse any unpleasant feelings in Nekhludoff by his familiarity and his loud laughter. Nekhludoff would have liked to tell all the jurymen about his relations to yesterday's prisoner. "By rights," he thought, "I ought to have got up yesterday during the trial and disclosed my guilt."

He entered the court with the other jurymen, and witnessed the same procedure as the day before.

"The judges are coming," was again proclaimed, and again three men, with embroidered collars, ascended the platform, and there was the same settling of the jury on the high-backed chairs, the same gendarmes, the same portraits, the same priest, and Nekhludoff felt that, though he knew what he ought to do, he could not interrupt all this solemnity. The preparations for the trials were just the same as the day before, excepting that the swearing in of the jury and the president's address to them were omitted.

The case before the Court this day was one of burglary. The prisoner, guarded by two gendarmes with naked swords, was a thin, narrow-chested lad of 20, with a bloodless, sallow face, dressed in a grey cloak. He sat alone in the prisoner's dock. This boy was accused of having, together with a companion, broken the lock of a shed and stolen several old mats valued at 3 roubles [the rouble is worth a little over two shillings, and contains 100 copecks] and 67 copecks. According to the indictment, a policeman had stopped this boy as he was passing with his companion, who was carrying the mats on his shoulder. The boy and his companion confessed at once, and were both imprisoned. The boy's companion, a locksmith, died in prison, and so the boy was being tried alone. The old mats were lying on the table as the objects of material evidence. The business was conducted just in the same manner as the day before, with the whole armoury of evidence, proofs, witnesses, swearing in, questions, experts, and cross-examinations. In answer to every question put to him by the president, the prosecutor, or the advocate, the policeman (one of the witnesses) in variably ejected the words: "just so," or "Can't tell." Yet, in spite of his being stupefied, and rendered a mere machine by military discipline, his reluctance to speak about the arrest of this prisoner was evident. Another witness, an old house proprietor, and owner of the mats, evidently a rich old man, when asked whether the mats were his, reluctantly identified them as such. When the public prosecutor asked him what he meant to do with these mats, what use they were to him, he got angry, and answered: "The devil take those mats; I don't want them at all. Had I known there would be all this bother about them I should not have gone looking for them, but would rather have added a ten-rouble note or two to them, only not to be dragged here and pestered with questions. I have spent a lot on isvostchiks. Besides, I am not well. I have been suffering from rheumatism for the last seven years." It was thus the witness spoke.

The accused himself confessed everything, and looking round stupidly, like an animal that is caught, related how it had all happened. Still the public prosecutor, drawing up his shoulders as he had done the day before, asked subtle questions calculated to catch a cunning criminal.

In his speech he proved that the theft had been committed from a dwelling-place, and a lock had been broken; and that the boy, therefore, deserved a heavy punishment. The advocate appointed by the Court proved that the theft was not committed from a dwelling-place, and that, though the crime was a serious one, the prisoner was not so very dangerous to society as the prosecutor stated. The president assumed the role of absolute neutrality in the same way as he had done on the previous day, and impressed on the jury facts which they all knew and could not help knowing. Then came an interval, just as the day before, and they smoked; and again the usher called out "The judges are coming," and in the same way the two gendarmes sat trying to keep awake and threatening the prisoner with their naked weapons.

The proceedings showed that this boy was apprenticed by his father at a tobacco factory, where he remained five years. This year he had been discharged by the owner after a strike, and, having lost his place, he wandered about the town without any work, drinking all he possessed. In a traktir [cheap restaurant] he met another like himself, who had lost his place before the prisoner had, a locksmith by trade and a drunkard. One night, those two, both drunk, broke the lock of a shed and took the first thing they happened to lay hands on. They confessed all and were put in prison, where the locksmith died while awaiting the trial. The boy was now being tried as a dangerous creature, from whom society must be protected.

"Just as dangerous a creature as yesterday's culprit," thought Nekhludoff, listening to all that was going on before him. "They are dangerous, and we who judge them? I, a rake, an adulterer, a deceiver. We are not dangerous. But, even supposing that this boy is the most dangerous of all that are here in the court, what should he done from a common-sense point of view when he has been caught? It is clear that he is not an exceptional evil-doer, but a most ordinary boy; every one sees it--and that he has become what he is simply because he got into circumstances that create such characters, and, therefore, to prevent such a boy from going wrong the circumstances that create these unfortunate beings must be done away with.

"But what do we do? We seize one such lad who happens to get caught, knowing well that there are thousands like him whom we have not caught, and send him to prison, where idleness, or most unwholesome, useless labour is forced on him, in company of others weakened and ensnared by the lives they have led. And then we send him, at the public expense, from the Moscow to the Irkoutsk Government, in company with the most depraved of men.

"But we do nothing to destroy the conditions in which people like these are produced; on the contrary, we support the establishments where they are formed. These establishments are well known: factories, mills, workshops, public-houses, gin-shops, brothels. And we do not destroy these places, but, looking at them as necessary, we support and regulate them. We educate in this way not one, but millions of people, and then catch one of them and imagine that we have done something, that we have guarded ourselves, and nothing more can be expected of us. Have we not sent him from the Moscow to the Irkoutsk Government?" Thus thought Nekhludoff with unusual clearness and vividness, sitting in his high-backed chair next to the colonel, and listening to the different intonations of the advocates', prosecutor's, and president's voices, and looking at their self-confident gestures. "And how much and what hard effort this pretence requires," continued Nekhludoff in his mind, glancing round the enormous room, the portraits, lamps, armchairs, uniforms, the thick walls and large windows; and picturing to himself the tremendous size of the building, and the still more ponderous dimensions of the whole of this organisation, with its army of officials, scribes, watchmen, messengers, not only in this place, but all over Russia, who receive wages for carrying on this comedy which no one needs. "Supposing we spent one-hundredth of these efforts helping these castaways, whom we now only regard as hands and bodies, required by us for our own peace and comfort. Had some one chanced to take pity on him and given some help at the time when poverty made them send him to town, it might have been sufficient," Nekhludoff thought, looking at the boy's piteous face. "Or even later, when, after 12 hours' work at the factory, he was going to the public-house, led away by his companions, had some one then come and said, 'Don't go, Vania; it is not right,' he would not have gone, nor got into bad ways, and would not have done any wrong.