The Awakening: (The Resurrection)Tolstoy, Leo, graf
General
The Awakening: (The Resurrection)
Tolstoy, Leo, graf
Forgiveness -- Fiction; Russia -- Social life and customs -- Fiction
"What do you say, gentlemen," said the foreman. "We find her guilty,
but without the intent to rob, and without stealing any property--is
that correct?"
Peter Gerasimovich, pleased with the victory he had gained, agreed to
the verdict.
"And we recommend her to the mercy of the court," added the merchant.
Every one agreed except the laborer, who insisted on a verdict of "Not
guilty."
"But that is the meaning of the verdict," explained the foreman.
"Without the intent to rob, and without stealing any property--hence
she is not guilty."
"Don't forget to throw in the recommendation to mercy. If there be
anything left that will wipe it out," joyfully said the merchant. They
were so tired and the arguments had so confused them that it did not
occur to any one to add "but without the intent to cause the death of
the merchant."
Nekhludoff was so excited that he did not notice it. The answers were
in this form taken to the court.
Rabelais relates the story of a jurist who was trying a case, and who,
after citing innumerable laws and reading twenty pages of
incomprehensible judicial Latin, made an offer to the litigants to
throw dice; if an even number fell then the plaintiff was right; if an
odd number the defendant was right.
It was the same here. The verdict was reached not because the majority
of the jury agreed to it, but first because the justiciary had so
drawn out his speech that he failed to properly instruct the jury;
second, because the colonel's story about his brother-in-law's wife
was tedious; third, because Nekhludoff was so excited that he did not
notice the omission of the clause limiting the intent in the answer,
and thought that the words "without intent to rob" negatively answered
the question; fourth, because Peter Gerasimovich was not in the room
when the foreman read the questions and answers, and chiefly because
the jury were tired out and were anxious to get away, and therefore
agreed to the verdict which it was easiest to reach.
They rang the bell. The gendarme sheathed his sword and stood aside.
The judges, one by one, took their seats and the jury filed out.
The foreman held the list with a solemn air. He approached the
justiciary and handed it to him. The justiciary read it, and, with
evident surprise, turned to consult with his associates. He was
surprised that the jury, in limiting the charge by the words, "without
intent to rob," should fail to add also "without intent to cause
death." It followed from the decision of the jury, that Maslova had
not stolen or robbed, but had poisoned a man without any apparent
reason.
"Just see what an absurd decision they have reached," he said to the
associate on his left. "This means hard labor for her, and she is not
guilty."
"Why not guilty?" said the stern associate.
"She is simply not guilty. I think that chapter 818 might properly be
applied to this case." (Chapter 818 gives the court the power to set
aside an unjust verdict.)
Public-domain text, read in full here on John Shaqi.
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