Sixteen years in Siberia: Some experiences of a Russian revolutionistDeich, L. G. (Lev Grigor'evich)
History
Sixteen years in Siberia: Some experiences of a Russian revolutionist
Deich, L. G. (Lev Grigor'evich)
Deich, L. G. (Lev Grigor'evich), 1855-1941; Exiles -- Russia (Federation) -- Siberia -- Biography
To return to my present narrative. I made two protests against the
magistrate’s decision to send me before a court-martial: one directed to
the president of the Military Court in Odessa, and one to Nabòkov, the
Minister of Justice. I called Bogdanòvitch to witness that the
Government of Baden had only surrendered me on condition that I should
be brought before an ordinary court, and tried by civil, not martial
law. If a military court were to try me for desertion and insulting an
officer, that would be against the conditions of the treaty, which laid
down that I should only be answerable on the Gorinòvitch count.
As was to be foreseen, my petitions were set aside without further
parley; and soon after, my indictment, signed by the Public Prosecutor
of the Courts-martial, was put before me. This indictment left me in no
doubt as to what kind of trial I was to have. Certainly the facts
relating to the assault on Gorinòvitch were given; but nothing whatever
was said as to the motives, nor as to the circumstances that led to it.
Of course, the prosecutor had not failed to make use of the most
stringent articles in the Russian Criminal Code. The heaviest punishment
authorised therein (for parricide and such-like crimes) is penal
servitude for life, and it was the very article dealing with that
sentence which was cited in my case. According to the law this penalty
is capable of various degrees of mitigation under certain extenuating
circumstances: _e.g._ it may be reduced to twenty years’ penal servitude
when the victim of the assault survives, even though against the
intention of his assailant; and further, the term of years is to be
shortened by a third if the perpetrator be under age at the date of the
crime. In accordance with this, the Public Prosecutor asked for thirteen
years and four months as my sentence, that being the maximum penalty to
which I could be liable under the terms of the extradition treaty. Even
then, the proclamation made at the time of Alexander III.’s accession
might come into consideration; by it judges were authorised to remit the
punishments for any crime committed before the date of the proclamation.
In my case there was no hope of this permission being used; and I looked
upon this whole travesty of justice as a formality which had to be gone
through, but otherwise of no significance. I therefore declined the
assistance of the advocate assigned to me (some candidate for a military
post), and prepared to endure the unpleasant ordeal as best I could.
Public-domain text, read in full here on John Shaqi.
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