Part 2 Chapter 21

THE APPEAL DISMISSED.

As soon as the Senators were seated round the table in the debating-room, Wolf began to bring forward with great animation all the motives in favour of a repeal. The chairman, an ill-natured man at best, was in a particularly bad humour that day. His thoughts were concentrated on the words he had written down in his memoranda on the occasion when not he but Viglanoff was appointed to the important post he had long coveted. It was the chairman, Nikitin's, honest conviction that his opinions of the officials of the two upper classes with which he was in connection would furnish valuable material for the historians. He had written a chapter the day before in which the officials of the upper classes got it hot for preventing him, as he expressed it, from averting the ruin towards which the present rulers of Russia were driving it, which simply meant that they had prevented his getting a better salary. And now he was considering what a new light to posterity this chapter would shed on events.

"Yes, certainly," he said, in reply to the words addressed to him by Wolf, without listening to them.

Bay was listening to Wolf with a sad face and drawing a garland on the paper that lay before him. Bay was a Liberal of the very first water. He held sacred the Liberal traditions of the sixth decade of this century, and if he ever overstepped the limits of strict neutrality it was always in the direction of Liberalism. So in this case; beside the fact that the swindling director, who was prosecuting for libel, was a bad lot, the prosecution of a journalist for libel in itself tending, as it did, to restrict the freedom of the press, inclined Bay to reject the appeal.

When Wolf concluded his arguments Bay stopped drawing his garland and began in a sad and gentle voice (he was sad because he was obliged to demonstrate such truisms) concisely, simply and convincingly to show how unfounded the accusation was, and then, bending his white head, he continued drawing his garland.

Skovorodnikoff, who sat opposite Wolf, and, with his fat fingers, kept shoving his beard and moustaches into his mouth, stopped chewing his beard as soon as Bay was silent, and said with a loud, grating voice, that, notwithstanding the fact of the director being a terrible scoundrel, he would have been for the repeal of the sentence if there were any legal reasons for it; but, as there were none, he was of Bay's opinion. He was glad to put this spoke in Wolf's wheel.

The chairman agreed with Skovorodnikoff, and the appeal was rejected.

Wolf was dissatisfied, especially because it was like being caught acting with dishonest partiality; so he pretended to be indifferent, and, unfolding the document which contained Maslova's case, he became engrossed in it. Meanwhile the Senators rang and ordered tea, and began talking about the event that, together with the duel, was occupying the Petersburgers.

It was the case of the chief of a Government department, who was accused of the crime provided for in Statute 995.

"What nastiness," said Bay, with disgust.

"Why; where is the harm of it? I can show you a Russian book containing the project of a German writer, who openly proposes that it should not be considered a crime," said Skovorodnikoff, drawing in greedily the fumes of the crumpled cigarette, which he held between his fingers close to the palm, and he laughed boisterously.

"Impossible!" said Bay.

"I shall show it you," said Skovorodnikoff, giving the full title of the book, and even its date and the name of its editor.

"I hear he has been appointed governor to some town in Siberia."

"That's fine. The archdeacon will meet him with a crucifix. They ought to appoint an archdeacon of the same sort," said Skovorodnikoff. "I could recommend them one," and he threw the end of his cigarette into his saucer, and again shoved as much of his beard and moustaches as he could into his mouth and began chewing them.

The usher came in and reported the advocate's and Nekhludoff's desire to be present at the examination of Maslova's case.

"This case," Wolf said, "is quite romantic," and he told them what he knew about Nekhludoff's relations with Maslova. When they had spoken a little about it and finished their tea and cigarettes, the Senators returned into the Senate Chamber and proclaimed their decision in the libel case, and began to hear Maslova's case.

Wolf, in his thin voice, reported Maslova's appeal very fully, but again not without some bias and an evident wish for the repeal of the sentence.

"Have you anything to add?" the chairman said, turning to Fanarin. Fanarin rose, and standing with his broad white chest expanded, proved point by point, with wonderful exactness and persuasiveness, how the Court had in six points strayed from the exact meaning of the law; and besides this he touched, though briefly, on the merits of the case, and on the crying injustice of the sentence. The tone of his speech was one of apology to the Senators, who, with their penetration and judicial wisdom, could not help seeing and understanding it all better than he could. He was obliged to speak only because the duty he had undertaken forced him to do so.

After Fanarin's speech one might have thought that there could not remain the least doubt that the Senate ought to repeal the decision of the Court. When he had finished his speech, Fanarin looked round with a smile of triumph, seeing which Nekhludoff felt certain that the case was won. But when he looked at the Senators he saw that Fanarin smiled and triumphed all alone. The Senators and the Public Prosecutor did not smile nor triumph, but looked like people wearied, and who were thinking "We have often heard the like of you; it is all in vain," and were only too glad when he stopped and ceased uselessly detaining them there. Immediately after the end of the advocate's speech the chairman turned to the Public Prosecutor. Selenin briefly and clearly expressed himself in favour of leaving the decision of the Court unaltered, as he considered all the reasons for appealing inadequate. After this the Senators went out into the debating-room. They were divided in their opinions. Wolf was in favour of altering the decision. Bay, when he had understood the case, took up the same side with fervour, vividly presenting the scene at the court to his companions as he clearly saw it himself. Nikitin, who always was on the side of severity and formality, took up the other side. All depended on Skovorodnikoff's vote, and he voted for rejecting the appeal, because Nekhludoff's determination to marry the woman on moral grounds was extremely repugnant to him.

Skovorodnikoff was a materialist, a Darwinian, and counted every manifestation of abstract morality, or, worse still, religion, not only as a despicable folly, but as a personal affront to himself. All this bother about a prostitute, and the presence of a celebrated advocate and Nekhludoff in the Senate were in the highest degree repugnant to him. So he shoved his beard into his mouth and made faces, and very skilfully pretended to know nothing of this case, excepting that the reasons for an appeal were insufficient, and that he, therefore, agreed with the chairman to leave the decision of the Court unaltered.

So the sentence remained unrepealed.

枢密官们在议事室里刚围桌坐下，沃尔夫就滔一滔一不一绝地说出必须撤销本案原判的种种理由。

首席枢密官尼基丁为人一向刻薄，今天心情格外恶劣。在审案的时候，他听着案情报告，就有了主意。此刻他坐在那里听沃尔夫发言，心里却在想自己的事。他在回想昨天写在备忘录上的一件事，那就是他垂涎已久的一个肥缺，没有委派给他，却委派给了维梁诺夫。尼基丁深信，凡是在他任职期间接触过的形形色一色的一二等文官，他对他们的评述将成为重要历史文献。昨天他写了一章备忘录，猛烈抨击几个一二等文官，说他们阻挠他拯救俄国，而他却要使俄国避免被当今那些统治者所摧毁。事实上，他们只是阻挠他领取更多的薪俸罢了。此刻他正在思考，怎样使子孙后代对这些事有个全新的认识。

“是啊，那当然，”他回答沃尔夫说，其实他根本没有在听。

贝脸色忧郁地听着沃尔夫的话，同时在面前的一张纸上画着花环。他是一个十足的自一由派。他忠心耿耿地捍卫六十年代传统①，即使有时放弃严格的公正立场，那也只是为了偏袒自一由派。因此当前审理这个案子，除了提出控诉的董事长是个卑鄙的人之外，贝之所以主张驳回上诉，还因为控告报馆人员犯诽谤罪，就是压制新闻自一由。等沃尔夫报告完毕，贝就撂下没有画完的花环，露出闷闷不乐的神色——他之所以闷闷不乐，是因为象这样起码的常识还要他多费口舌，——用一温一柔悦耳的声音，简单扼要而又令人信服地说明，上诉是缺乏根据的。然后低下白发苍苍的头，继续把花环画完。

--------

①指俄国十九世纪六十年代资产阶级自一由派的思潮和斗争。

斯科沃罗德尼科夫坐在沃尔夫对面，不停地用粗手指把上下一胡一子塞一进嘴里咀嚼。等到贝的话音一落，他就不再咀嚼一胡一子，用尖厉刺耳的声音说，虽然董事长是个坏蛋，如果有法律根据，他还是主张撤销原判，但既然没有法律根据，那他就支持贝的意见。他说完暗暗高兴，因为借此机会对沃尔夫挖苦了一番。首席枢密官赞同斯科沃罗德尼科夫的意见，这个案子就这样被否决了。

沃尔夫很不高兴，特别是因为他那种不正当的偏袒行为似乎被揭穿了。不过他装得若无其事，翻开下一个由他报告的玛丝洛娃案的卷宗，用心阅读。枢密官们这时打了打铃，叫人送茶来，又纷纷谈起与卡敏斯基决斗案同时轰动整个彼得堡的另一件事。

这是关于某局长的案子，他触犯刑法第九九五条，遭到揭发检举。

“多么下流！”贝不胜嫌恶地说。

“这有什么不好？我可以在图书资料里找出一位德国作家的文章给您看。他直截了当地认为这种事不算犯罪，男人同男人也可以结婚，”斯科沃罗德尼科夫说，拚命吸着一支夹在指根中间一揉一皱的香烟，声音洪亮地哈哈大笑。

“那不可能，”贝说。

“我可以拿给您看，”斯科沃罗德尼科夫说，举出那本著作的全名，甚至还说出出版年份和地点。

“据说他已被调到西伯利亚某城当省长去了，”尼基丁说。

“太好了。主教准会举着十字架去迎接他。应该找一个同他一样的主教。我倒可以给他们推荐一个，”斯科沃罗德尼科夫说，把烟蒂丢进茶碟，然后竭力把上下一胡一子都塞到嘴里咀嚼。

这时候，民事执行吏进来报告说，律师和聂赫留朵夫希望在审理玛丝洛娃一案时出庭作证。

“这个案子啊，”沃尔夫说，“倒是一件风一流韵事呢，”他就把他所知道的聂赫留朵夫跟玛丝洛娃的关系讲了一遍。

枢密官们就这事谈了一阵，吸好烟，喝够茶，然后回到法庭，宣布对上一个案子的裁决，接着开始审理玛丝洛娃案。

沃尔夫用尖细的嗓子详细报告了玛丝洛娃要求撤销原判的申诉，他的措辞又不很公正，听得出是希望撤销法庭的原判。

“您有什么要补充的吗？”首席枢密官转身问法纳林。

法纳林站起来，挺一起穿着白胸衬的宽阔胸膛，措辞庄重而确当，逐条证明法庭有六点背离法律本义。此外他还扼要提一下本案的实质，指出原判的不公正令人发指。法纳林作了简短有力的发言，他的口气仿佛表示歉意，因为他所坚持的理由，诸位枢密官凭他们明察秋毫的目力和渊博的法学知识一定看得比他更明白，理解得更透彻，他之所以这样做，无非是出于所承担的责任罢了。法纳林这番话似乎使人觉得，枢密院无疑会撤销原判。法纳林发言完毕后，得意扬扬地微微一笑。聂赫留朵夫望望律师，看见这种笑容，相信这场官司一定会打赢。不过，他向枢密官们瞅了一眼，才看出只有法纳林一人在笑，一人在得意。枢密官们和副检察官都没有笑，也没有得意，却露出厌烦的神色，仿佛在说：“你们那种人的发言我们听得多了，毫无意思。”直到律师发言完毕，不再耽搁他们了，他们才感到满意。律师发言刚结束，首席枢密官就转身对副检察官说话。谢列宁发言简短而明确，认为要求撤销原判的各种理由都缺乏根据，主张维持原判。于是枢密官又纷纷起立，去开会商议。在议事室里意见分歧。沃尔夫主张撤销原判。贝了解本案的症结所在，也坚决主张撤销原判，并且根据他的正确理解，给同事们生动地描摹当时开庭的情景和陪审员们发生误会的经过。尼基丁照例主张严格从事，恪守官样文章，反对撤销原判。这样，本案就取决于斯科沃罗德尼科夫的态度。他主张驳回上诉，主要理由是聂赫留朵夫出于道德要求决定同那个姑一娘一结婚，实在可恶之至。

斯科沃罗德尼科夫是个唯物主义者，达尔文主义者，认为任何一抽一象道德的表现，或者更坏一点，任何宗教的表现，不仅是一种恶劣的癫狂，而且是对本人的侮辱。由这个一妓一女而引起的这场麻烦，再加上替她辩护的名律师和聂赫留朵夫的亲自出庭，在他看来都是可恶之至。他不住把一胡一子塞到嘴里，做出一脸苦相，天真地装得并不了解本案内情，只认为撤销原判理由不足，因此同意首席枢密官意见，不批准本案上诉。

上诉就这样被驳回了。