The second witness is a doctor--bland, and fat, and scientific--the
witness on whose evidence the defense will lie. A quickened curiosity
is felt as the fat and fatherly man, with big blue spectacles and
kindly aspect, rises, bows to the bench, and enters into a long and
delicate report on the maladies under which females suffer in and
after the throes of labor, when the regular functions of mind and body
have been deranged by a sudden call upon the powers reserved by nature
for the sustenance of infant life. A buzz of talk on the ladies' bench
is speedily put down by a tinkle of President Gravy's bell. The judges
put minute and searching questions to this witness; but they make no
notes of what he says in answer; the general purpose of which is to
show that the first medical evidence picked up by the police was
defective; that a woman in the situation of Anna, poor, neglected,
inexperienced, might conceal her child without intending to do it
harm, and might cause it to die of cold without being morally guilty
of its death. Two or three questions are put to him by Lebedeff, and
then the kindly, fat old gentleman wipes his spectacles and drops
behind.
Lebedeff deals in a lenient spirit with the case. The facts, he says
(in effect), are strong, and tell their own tale. This woman bears a
child; she conceals the birth; this concealment is a crime. She puts
her child away in a secret place; her child is found dead--dead of
hunger and neglect. Who can doubt that she exposed and killed this
child in order to rid herself at once of her burden and her shame?
"The crime of child-murder is so common in our villages," he
concludes, "that it cries to heaven against us. Let all good men
combine to put it down, by a rigorous execution of the law."
Gospodin Tseborenko, a young advocate from Taganrog, sent over
specially to conduct the defense, replies by a brief examination of
the facts; contending that his client is a girl of good character, who
has never had a lover beyond her village, and is not likely to have
committed a crime against nature. He suggests that her child may have
been dead at the birth--that in her pain and loneliness, not knowing
what she was about, and never dreaming about the Code, she concealed
the dead body from her father's eyes. Admitting that infant murder is
the besetting sin of villagers in the south of Russia, he contends
that the children put away are only such as the villagers consider
things of shame--that is to say, the offspring of their women by
strangers and men of rank.
President Gravy rings his bell--the court is all alert--and, after a
brief presentment of the leading points to the jury, who on their side
listen with grave attention to every word, he puts three several
queries into writing:
I. Whether in their opinion Anna Kovalenka exposed her child with a
view to kill it?
II. Whether, if she did not in their opinion expose it with a view to
kill it, she willfully concealed the birth?
Public-domain text, read in full here on John Shaqi.
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