having got ready all the papers he might want； was looking
through an article； prohibited by the censor； which he had
procured and read the day before。 He was anxious to have a talk
about this article with the bearded member； who shared his views；
but wanted to look through it once more before doing so。
CHAPTER VIII。
SWEARING IN THE JURY。
The president； having looked through some papers and put a few
questions to the usher and the secretary； gave the order for the
prisoners to be brought in。
The door behind the grating was instantly opened； and two
gendarmes； with caps on their heads； and holding naked swords in
their hands； came in； followed by the prisoners； a red…haired；
freckled man； and two women。 The man wore a prison cloak； which
was too long and too wide for him。 He stuck out his thumbs； and
held his arms close to his sides； thus keeping the sleeves； which
were also too long； from slipping over his hands。 Without looking
at the judges he gazed steadfastly at the form； and passing to
the other side of it； he sat down carefully at the very edge；
leaving plenty of room for the others。 He fixed his eyes on the
president； and began moving the muscles of his cheeks； as if
whispering something。 The woman who came next was also dressed in
a prison cloak； and had a prison kerchief round her head。 She had
a sallow complexion； no eyebrows or lashes； and very red eyes。
This woman appeared perfectly calm。 Having caught her cloak
against something； she detached it carefully； without any haste；
and sat down。
The third prisoner was Maslova。
As soon as she appeared； the eyes of all the men in the court
turned her way； and remained fixed on her white face； her
sparklingly…brilliant black eyes and the swelling bosom under the
prison cloak。 Even the gendarme whom she passed on her way to her
seat looked at her fixedly till she sat down； and then； as if
feeling guilty； hurriedly turned away； shook himself； and began
staring at the window in front of him。
The president paused until the prisoners had taken their seats；
and when Maslova was seated； turned to the secretary。
Then the usual procedure commenced； the counting of the jury；
remarks about those who had not come； the fixing of the fines to
be exacted from them； the decisions concerning those who claimed
exemption； the appointing of reserve jurymen。
Having folded up some bits of paper and put them in one of the
glass vases； the president turned up the gold…embroidered cuffs
of his uniform a little way； and began drawing the lots； one by
one； and opening them。 Nekhludoff was among the jurymen thus
drawn。 Then； having let down his sleeves； the president requested
the priest to swear in the jury。
The old priest； with his puffy； red face； his brown gown； and his
gold cross and little order； laboriously moving his stiff legs；
came up to the lectern beneath the icon。
The jurymen got up； and crowded towards the lectern。
〃Come up； please；〃 said the priest； pulling at the cross on his
breast with his plump hand； and waiting till all the jury had
drawn near。 When they had all come up the steps of the platform；
the priest passed his bald； grey head sideways through the greasy
opening of the stole； and； having rearranged his thin hair； he
again turned to the jury。 〃Now； raise your right arms in this
way； and put your fingers together； thus；〃 he said； with his
tremulous old voice； lifting his fat； dimpled hand； and putting
the thumb and two first fingers together； as if taking a pinch of
something。 〃Now； repeat after me； 'I promise and swear； by the
Almighty God； by His holy gospels； and by the life…giving cross
of our Lord； that in this work which；'〃 he said； pausing between
each sentence〃don't let your arm down； hold it like this；〃 he
remarked to a young man who had lowered his arm〃'that in this
work which 。 。 。 '〃
The dignified man with the whiskers； the colonel； the merchant；
and several more held their arms and fingers as the priest
required of them； very high； very exactly； as if they liked doing
it； others did it unwillingly and carelessly。 Some repeated the
words too loudly； and with a defiant tone； as if they meant to
say； 〃In spite of all； I will and shall speak。〃 Others whispered
very low； and not fast enough； and then； as if frightened；
hurried to catch up the priest。 Some kept their fingers tightly
together； as if fearing to drop the pinch of invisible something
they held； others kept separating and folding theirs。 Every one
save the old priest felt awkward； but he was sure he was
fulfilling a very useful and important duty。
After the swearing in； the president requested the jury to choose
a foreman； and the jury； thronging to the door； passed out into
the debating…room； where almost all of them at once began to
smoke cigarettes。 Some one proposed the dignified man as foreman；
and he was unanimously accepted。 Then the jurymen put out their
cigarettes and threw them away and returned to the court。 The
dignified man informed the president that he was chosen foreman；
and all sat down again on the high…backed chairs。
Everything went smoothly； quickly； and not without a certain
solemnity。 And this exactitude； order； and solemnity evidently
pleased those who took part in it： it strengthened the impression
that they were fulfilling a serious and valuable public duty。
Nekhludoff； too； felt this。
As soon as the jurymen were seated； the president made a speech
on their rights； obligations； and responsibilities。 While
speaking he kept changing his position； now leaning on his right；
now on his left hand； now against the back； then on the arms of
his chair； now putting the papers straight； now handling his
pencil and paper…knife。
According to his words； they had the right of interrogating the
prisoners through the president； to use paper and pencils； and to
examine the articles put in as evidence。 Their duty was to judge
not falsely； but justly。 Their responsibility meant that if the
secrecy of their discussion were violated； or communications were
established with outsiders； they would be liable to punishment。
Every one listened with an expression of respectful attention。
The merchant； diffusing a smell of brandy around him； and
restraining loud hiccups； approvingly nodded his head at every
sentence。
CHAPTER IX。
THE TRIALTHE PRISONERS QUESTIONED。
When he had finished his speech； the president turned to the male
prisoner。
〃Simeon Kartinkin； rise。〃
Simeon jumped up； his lips continuing to move nervously and
inaudibly。
〃Your name？〃
〃Simon Petrov Kartinkin；〃 he said； rapidly； with a cracked voice；
having evidently prepared the answer。
〃What class do you belong to？〃
〃Peasant。〃
〃What government； district； and parish？〃
〃Toula Government； Krapivinskia district； Koupianovski parish；
the village Borki。〃
〃Your age？〃
〃Thirty…three； born in the year one thousand eight〃
〃What religion？〃
〃Of the Russian religion； orthodox。〃
〃Married？〃
〃Oh； no； sir。〃
〃Your occupation？〃
〃I had a place in the Hotel Mauritania。〃
〃Have you ever been tried before？〃
〃I never got tried before； because； as we used to live
formerly〃
〃So you never were tried before？〃
〃God forbid； never。〃
〃Have you received a copy of the indictment？〃
〃I have。〃
〃Sit down。〃
〃Euphemia Ivanovna Botchkova；〃 said the president； turning to the
next prisoner。
But Simon continued standing in front of Botchkova。
〃Kartinkin； sit down！〃 Kartinkin continued standing。
〃Kartinkin； sit down！〃 But Kartinkin sat down only when the
usher； with his head on one side； and with preternaturally
wide…open eyes； ran up； and said； in a tragic whisper； 〃Sit down；
sit down！〃
Kartinkin sat down as hurriedly as he had risen； wrapping his
cloak round him； and again began moving his lips silently。
〃Your name？〃 asked the president； with a weary sigh at being
obliged to repeat the same questions； without looking at the
prisoner； but glancing over a paper that lay before him。 The
president was so used to his task that； in order to get quicker
through it all； he did two things at a time。
Botchkova was forty…three years old； and came from the town of
Kalomna。 She； too； had been in service at the Hotel Mauritania。
〃I have never been tried before； and have received a copy of the
indictment。〃 She gave her answers boldly； in a tone of voice as
if she meant to add to each answer； 〃And I don't care who knows
it； and I won't stand any nonsense。〃
She did not wait to be told； but sat down as soon as she had
replied to the last question。
〃Your name？〃 turning abruptly to the third prisoner。 〃You will
have to rise；〃 he added； softly and gently； seeing that Maslova
kept her seat。
Maslova got up and stood； with her chest expanded； looking at the
president with that peculiar expression of readiness in her
smiling black eyes。
〃What is your name？〃
〃Lubov；〃 she said。
Nekhludoff had put on his pince…nez； looking at the prisoners
while they were being questioned。
〃No； it is impossible；〃 he thought； not taking his eyes off the
prisoner。 〃Lubov！ How can it be？〃 he thought to himself； after
hearing her answer。 The president was going to continue his
questions； but the member with the spectacles interrupted him；
angrily whispering something。 The president nodded； and turned
again to the prisoner。
〃How is this；〃 he said； 〃you are not put down here as Lubov？〃
The prisoner remained silent。
〃I want your real name。〃
〃What is your baptismal name？〃 asked the angry member。
〃Formerly I used to be called Katerina。〃
〃No； it cannot be；〃 said Nekhludoff to himself； and yet he was
now certain that this was she； that same girl； half ward； half
servant to his aunts； that Katusha； with whom he had once been in
love； really in love； but whom he had betrayed and then
abandoned； and never again brought to mind； for the memory would
have been too painful； would have convicted him too clearly；
proving that he who was so proud of his integrity had treated
this woman in a revolting； scandalous way。
Yes； this was she。 He now clearly saw in her face that strange；
indescribable individuality which distinguishes every face from
all others；