Part 1 Chapter 8

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.

庭长翻阅了一些文件，向民事执行吏和书记官提出几个问题，得到肯定的答复，就传被告出庭。栏杆后面的那扇门开了，两个宪兵头戴军帽，手拿出鞘的佩刀，走了进来。后面跟着三个被告，先是一个红棕色头发、脸上有雀斑的男人，再是两个女人。那男人穿着一件长大得同他的身材极不相称的囚袍。他一边走进法庭，一边叉一开两手的大拇指，用手紧一贴住裤缝，使过分长的衣袖不致滑一下来。他眼睛不看法官和旁听者，却注视着他绕过的长凳。他绕过长凳，规规矩矩地坐在边上，留下位子给别人坐，然后眼睛盯住庭长，颊上的肌肉抖动起来，仿佛在嘟囔着什么。跟在他后面进来的是个年纪不轻的女人，身上也穿着囚袍。她头上包着一块囚犯用的三角头巾，脸色灰白，眼睛发红，没有眉一毛一，也没有睫一毛一。这个女人看上去十分镇定。她走到自己的位子旁边，长袍被什么东西钩住。她不慌不忙小心地把它摘开，坐下来。

第三个被告是玛丝洛娃。

玛丝洛娃一进来，法庭里的男人便都把目光转到她身上，久久地盯住她那张白一嫩的脸、那双水汪汪的黑眼睛和长袍底下高高隆一起的胸部。当她在人们面前走过时，就连那个宪兵也目不转睛地盯着她，直到她坐下。等她坐下了，宪兵这才仿佛觉得有失体统，慌忙转过脸去，振作一精一神，木然望着窗外。

庭长等着被告坐好；玛丝洛娃坐下来，他就转过脸去对书记官说话。

例行的审讯程序开始了：清点陪审员人数，讨论缺席陪审员问题，决定他们的罚款，处理请假陪审员的事，以及指定候补陪审员的名单。然后一庭长折拢几张小纸片，把它们放到玻璃缸里，这才稍稍卷起制一服的绣花袖口，露出汗一毛一浓密的双手，象魔术师似的摸出一张张纸条，打开来，念着纸条上的名字。随后一庭长放下袖口，请司祭带陪审员们宣誓。

司祭是个小老头，脸上浮肿，脸色白中带黄。他身穿棕色法衣，胸前挂着金十字架，法衣一侧还别着一个小勋章。他慢吞吞地挪动法衣里的两条肿腿，走到圣像下面的读经台旁。

陪审员们都站起来，往读经台挤去。

“请过来！”司祭用浮肿的手摸一摸胸前的十字架，等陪审员们走过去。

这个司祭任职已超过四十六年，再过三年就要象大司祭前不久那样庆祝任职五十周年了。自从陪审法院开办以来①他就在区法庭任职，并感到十分自豪，因为由他带领宣誓的已多达几万人，而且到了晚年还能为教会、祖国和家庭出力。他死后不仅能给家人留了一座房子，而且还有不下于三万卢布的有息证券。他在法庭里带领人们凭福音书宣誓，而福音书恰恰禁止人们起誓，因此这项工作是不正当的。这一点他可从来没有想到过。他不仅从来不感到于心有愧，而且还很喜一爱一它，因为可以借此结识许多名流。今天他就认识了那位名律师，对他佩服得五体投地，因为他只办了击败那个帽子上戴花的老太太一案，就净到手一万卢布。

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①俄国在一八六一四年实行司法改革，成立陪审法院，刑事案件公开审判。

等陪审员都顺着台阶走到台上，司祭就侧着花白头发的秃头，套一上油腻的圣带，然后理理稀疏的头发，向陪审员们转过脸去。

“举起右手，手指这样并拢，”他用苍老的声音慢吞吞地说，举起每个手指上都有小窝的浮肿的手，手指并拢，象捏住什么东西。“现在大家跟着我念，”他说着就领头宣誓：“凭万能的上帝，当着他神圣的福音书和赋与生命的十字架，我答应并宣誓，在审理本案时……”他说一句，顿一顿。“手这样举好，不要放下，”他对一个放下手来的年轻人说，“在审理本案时……”

留络腮一胡一子的相貌堂堂的人、上校、商人和另外几个人，都遵照司祭的要求举起右手，并拢手指，而且举得很高很有一精一神，看上去很高兴，可是其他的人似乎有点勉强，不大乐意这样做。有些人念誓词念得特别响，仿佛有意在挑衅说：“我照念就是了，照念就是了。”有些人只是喃喃地动动嘴巴，落在司祭后面，后来忽然惊觉了，慌忙赶上去。有些人恶狠狠地使劲捏拢手，仿佛怕落掉什么东西。有些人把手指松开又捏拢。个个都觉得别扭，只有小老头司祭满怀信心，自以为在干一件有益的大事。宣誓完毕，庭长请陪审员们选出一名首席陪审员来。陪审员们纷纷起立，挤在一起走进议事室。一到议事室，他们都立刻掏出香烟，吸起烟来。有人提议请那位相貌堂堂的绅士当首席陪审员，大家立刻赞同。他们丢掉或者捻灭烟蒂，回到法庭。当选的首席陪审员向庭长报告谁当选，大家又回到原位，跨过别人的脚，在两排高背椅上坐好。

一切都进行得很顺利，毫不耽搁，气氛十分庄严。这种有条不紊、一丝不苟的仪式使参加者都很满意，更加坚信他们是在参加一项严肃而重大的社会工作。这一点聂赫留朵夫也感觉到了。

等陪审员们一坐好，庭长就向他们说明陪审员的权利、责任和义务。庭长讲话的时候不断改变姿势，一会儿身一子支在左臂肘上，一会儿支在右臂肘上，一会儿靠在椅背上，一会儿搁在椅子的扶手上，一会儿弄齐一叠纸，一会儿摩挲裁纸刀，一会儿摸一弄着铅笔。

庭长说，陪审员的权利是可以通过庭长审问被告，可以使用铅笔和纸，可以察看物证。他们的责任是审判必须公正，不准弄虚作假。他们的义务是保守会议秘密，不得与外界私通消息，如有违反，将受惩罚。

大家都恭恭敬敬地用心听着。那个商人周身散发出酒气，勉强忍住饱嗝，听到一句话，就点一下头表示赞成。