THE TRIAL--THE SUMMING UP.
After the last words of the prisoners had been heard, the form in which the questions were to be put to the jury was settled, which also took some time. At last the questions were formulated, and the president began the summing up.
Before putting the case to the jury, he spoke to them for some time in a pleasant, homely manner, explaining that burglary was burglary and theft was theft, and that stealing from a place which was under lock and key was stealing from a place under lock and key. While he was explaining this, he looked several times at Nekhludoff as if wishing to impress upon him these important facts, in hopes that, having understood it, Nekhludoff would make his fellow-jurymen also understand it. When he considered that the jury were sufficiently imbued with these facts, he proceeded to enunciate another truth--namely, that a murder is an action which has the death of a human being as its consequence, and that poisoning could therefore also be termed murder. When, according to his opinion, this truth had also been received by the jury, he went on to explain that if theft and murder had been committed at the same time, the combination of the crimes was theft with murder.
Although he was himself anxious to finish as soon as possible, although he knew that his Swiss friend would be waiting for him, he had grown so used to his occupation that, having begun to speak, he could not stop himself, and therefore he went on to impress on the jury with much detail that if they found the prisoners guilty, they would have the right to give a verdict of guilty; and if they found them not guilty, to give a verdict of not guilty; and if they found them guilty of one of the crimes and not of the other, they might give a verdict of guilty on the one count and of not guilty on the other. Then he explained that though this right was given them they should use it with reason.
He was going to add that if they gave an affirmative answer to any question that was put to them they would thereby affirm everything included in the question, so that if they did not wish to affirm the whole of the question they should mention the part of the question they wished to be excepted. But, glancing at the clock, and seeing it was already five minutes to three, he resolved to trust to their being intelligent enough to understand this without further comment.
"The facts of this case are the following," began the president, and repeated all that had already been said several times by the advocates, the public prosecutor and the witnesses.
The president spoke, and the members on each side of him listened with deeply-attentive expressions, but looked from time to time at the clock, for they considered the speech too long though very good--i.e., such as it ought to be. The public prosecutor, the lawyers, and, in fact, everyone in the court, shared the same impression. The president finished the summing up. Then he found it necessary to tell the jury what they all knew, or might have found out by reading it up--i.e., how they were to consider the case, count the votes, in case of a tie to acquit the prisoners, and so on.
Everything seemed to have been told; but no, the president could not forego his right of speaking as yet. It was so pleasant to hear the impressive tones of his own voice, and therefore he found it necessary to say a few words more about the importance of the rights given to the jury, how carefully they should use the rights and how they ought not to abuse them, about their being on their oath, that they were the conscience of society, that the secrecy of the debating-room should be considered sacred, etc.
From the time the president commenced his speech, Maslova watched him without moving her eyes as if afraid of losing a single word; so that Nekhludoff was not afraid of meeting her eyes and kept looking at her all the time. And his mind passed through those phases in which a face which we have not seen for many years first strikes us with the outward changes brought about during the time of separation, and then gradually becomes more and more like its old self, when the changes made by time seem to disappear, and before our spiritual eyes rises only the principal expression of one exceptional, unique individuality. Yes, though dressed in a prison cloak, and in spite of the developed figure, the fulness of the bosom and lower part of the face, in spite of a few wrinkles on the forehead and temples and the swollen eyes, this was certainly the same Katusha who, on that Easter eve, had so innocently looked up to him whom she loved, with her fond, laughing eyes full of joy and life.
"What a strange coincidence that after ten years, during which I never saw her, this case should have come up today when I am on the jury, and that it is in the prisoners' dock that I see her again! And how will it end? Oh, dear, if they would only get on quicker."
Still he would not give in to the feelings of repentance which began to arise within him. He tried to consider it all as a coincidence, which would pass without infringing his manner of life. He felt himself in the position of a puppy, when its master, taking it by the scruff of its neck, rubs its nose in the mess it has made. The puppy whines, draws back and wants to get away as far as possible from the effects of its misdeed, but the pitiless master does not let go.
And so, Nekhludoff, feeling all the repulsiveness of what he had done, felt also the powerful hand of the Master, but he did not feel the whole significance of his action yet and would not recognise the Master's hand. He did not wish to believe that it was the effect of his deed that lay before him, but the pitiless hand of the Master held him and he felt he could not get away. He was still keeping up his courage and sat on his chair in the first row in his usual self-possessed pose, one leg carelessly thrown over the other, and playing with his pince-nez. Yet all the while, in the depths of his soul, he felt the cruelty, cowardice and baseness, not only of this particular action of his but of his whole self-willed, depraved, cruel, idle life; and that dreadful veil which had in some unaccountable manner hidden from him this sin of his and the whole of his subsequent life was beginning to shake, and he caught glimpses of what was covered by that veil.
在被告?zhèn)冏髁俗詈箨愂?，各有關(guān)方面對(duì)問題的提法商量了好一陣之后，所有的問題都確定了，庭長(zhǎng)就做總結(jié)發(fā)言。
在敘述案情以前，他用親切愉快的口吻向陪審員解釋了好久，說什么搶劫就是搶劫，偷盜就是偷盜，從鎖著的地方盜竊就是從鎖著的地方盜竊，從沒有鎖著的地方盜竊就是從沒有鎖著的地方盜竊。他解釋的時(shí)候，老是瞧瞧聶赫留朵夫，仿佛希望他領(lǐng)會(huì)這個(gè)重要關(guān)節(jié)，領(lǐng)會(huì)以后好向同事們解釋。然后他認(rèn)為陪審員們已充分理解這些道理，就開始解釋另一個(gè)道理：致人于死的行為叫做謀殺，因此毒死也是一種謀殺。等他覺得這個(gè)道理也為陪審員們所理解了，就又向他們闡明：如果盜竊和謀殺同時(shí)發(fā)生，那么盜竊和謀殺就構(gòu)成犯罪因素。
盡管他自己也很想快點(diǎn)脫身，因?yàn)槿鹗颗艘言谀抢锏人?，可是他做這工作已成習(xí)慣，一開講怎么也收不住嘴，因此就向陪審員們?cè)斣敿?xì)細(xì)解釋，如果他們認(rèn)為被告有罪，那就有權(quán)裁定他們有罪；如果他們認(rèn)為被告無(wú)罪，那就有權(quán)裁定他們無(wú)罪，如果他們認(rèn)為被告犯這一種罪而沒有犯那一種罪，那就有權(quán)裁定他們犯這一種罪而沒有犯那一種罪。接著他又向他們說明，他們雖享有這項(xiàng)權(quán)利，但必須合理使用。他還想向他們解釋，如果他們對(duì)提出的問題作出肯定的回答，那就表示他們裁定問題中所提出的全部罪行；如果他們不同意提出的全部罪行，那就應(yīng)該聲明對(duì)不同意的地方持保留態(tài)度。這當(dāng)兒，他看了看懷表，發(fā)現(xiàn)只差五分就三點(diǎn)鐘了，于是決定立刻轉(zhuǎn)入案情敘述。
“本案情況是這樣的，”他開始講，把辯護(hù)人、副檢察官和證人們說過好幾次的話重復(fù)了一遍。
庭長(zhǎng)講著話，兩邊法官都現(xiàn)出沉思的樣子聽著，偶爾看看表，覺得他的講話很好，就是說照章辦事，只是長(zhǎng)了一點(diǎn)。副檢察官也好，法庭上其他官員和在場(chǎng)的人也好，大家都有這樣的感覺。最后，庭長(zhǎng)結(jié)束了總結(jié)發(fā)言。
要說的話似乎都已說了?？墒峭ラL(zhǎng)怎么也不肯放棄他的發(fā)言權(quán)。他聽著自己抑揚(yáng)頓挫的聲音，沾沾自喜，覺得還需要再說幾句，強(qiáng)調(diào)一下陪審員所享權(quán)利的重要意義，指出他們行使這項(xiàng)權(quán)利必須慎重，不能濫用，因?yàn)樗麄円研^誓，他們是社會(huì)的良心，陪審員議事室里的神圣秘密必須嚴(yán)加保守，等等，等等。
庭長(zhǎng)一開始講話，瑪絲洛娃就目不轉(zhuǎn)睛地盯住他，仿佛怕聽漏一個(gè)字。這樣，聶赫留朵夫不用擔(dān)心跟她的目光相遇，就一直看著她，他心里發(fā)生了一種常見的情況：心愛的人久別重逢，她的外貌由于這些年飽經(jīng)風(fēng)霜，變得使他吃驚，但接著透過外貌，她的本來(lái)面目逐漸恢復(fù)，聶赫留朵夫腦海里又出現(xiàn)了那個(gè)舉世無(wú)雙的人的主要風(fēng)貌。
聶赫留朵夫心里就發(fā)生了這樣的情況。
不錯(cuò)，盡管她身穿囚袍，身體發(fā)胖，胸部高聳，盡管她下巴放寬，額上和鬢角出現(xiàn)皺紋，眼睛浮腫，她確實(shí)就是卡秋莎，就是在復(fù)活節(jié)黎明時(shí)用她那雙充滿生之歡樂的熱情眼睛，天真地從腳到頭笑盈盈瞅著他這個(gè)心愛的人的卡秋莎。
“居然會(huì)有這樣的巧遇！偏偏排在我陪審的庭上審訊，十年不見，偏偏在這里的被告席上看見她！這事將怎樣收?qǐng)霭。?BR> 但愿快一點(diǎn)，快一點(diǎn)收?qǐng)觯 ?BR> 他心里產(chǎn)生了悔恨情緒，但他還不愿受它支配。他認(rèn)為這是個(gè)偶然事件，不久就會(huì)過去，不會(huì)損害他的生活。他覺得自己好象一只做了壞事的小狗，主人揪住它的頸背，把它的鼻子按在闖禍的地方。那小狗尖聲狂叫，四腳抵住地面，身子往后退，想遠(yuǎn)遠(yuǎn)離開自己闖禍的地方，并且把它忘掉，但主人鐵面無(wú)情，不肯罷休。聶赫留朵夫也感到他以前的行為多么卑劣，也感到主人那只強(qiáng)有力的手，但他還是不了解他所干的那件事的后果，也不承認(rèn)他有一個(gè)支配他命運(yùn)的主人。他還是不愿相信眼前這件事是他一手造成的?？墒悄侵粺o(wú)形的手緊緊抓住他，他感到無(wú)法脫身。他還在硬充好漢，若無(wú)其事地坐在第一排第二座上，習(xí)慣成自然地把一條腿架在另一條腿上，隨便擺弄著他的夾鼻眼鏡。不過，在內(nèi)心深處他已感到，不僅那個(gè)行為，而且他的整個(gè)閑散、放蕩、殘忍和自滿的生活是多么殘酷，卑鄙和惡劣。在以往的十二年里，有一塊可怕的幕布一直遮住他的眼睛，使他看不見那件罪行和犯罪后所過的全部生活。如今這塊幕布在飄動(dòng)，他已經(jīng)偶爾看到了幕布后面的景象。
After the last words of the prisoners had been heard, the form in which the questions were to be put to the jury was settled, which also took some time. At last the questions were formulated, and the president began the summing up.
Before putting the case to the jury, he spoke to them for some time in a pleasant, homely manner, explaining that burglary was burglary and theft was theft, and that stealing from a place which was under lock and key was stealing from a place under lock and key. While he was explaining this, he looked several times at Nekhludoff as if wishing to impress upon him these important facts, in hopes that, having understood it, Nekhludoff would make his fellow-jurymen also understand it. When he considered that the jury were sufficiently imbued with these facts, he proceeded to enunciate another truth--namely, that a murder is an action which has the death of a human being as its consequence, and that poisoning could therefore also be termed murder. When, according to his opinion, this truth had also been received by the jury, he went on to explain that if theft and murder had been committed at the same time, the combination of the crimes was theft with murder.
Although he was himself anxious to finish as soon as possible, although he knew that his Swiss friend would be waiting for him, he had grown so used to his occupation that, having begun to speak, he could not stop himself, and therefore he went on to impress on the jury with much detail that if they found the prisoners guilty, they would have the right to give a verdict of guilty; and if they found them not guilty, to give a verdict of not guilty; and if they found them guilty of one of the crimes and not of the other, they might give a verdict of guilty on the one count and of not guilty on the other. Then he explained that though this right was given them they should use it with reason.
He was going to add that if they gave an affirmative answer to any question that was put to them they would thereby affirm everything included in the question, so that if they did not wish to affirm the whole of the question they should mention the part of the question they wished to be excepted. But, glancing at the clock, and seeing it was already five minutes to three, he resolved to trust to their being intelligent enough to understand this without further comment.
"The facts of this case are the following," began the president, and repeated all that had already been said several times by the advocates, the public prosecutor and the witnesses.
The president spoke, and the members on each side of him listened with deeply-attentive expressions, but looked from time to time at the clock, for they considered the speech too long though very good--i.e., such as it ought to be. The public prosecutor, the lawyers, and, in fact, everyone in the court, shared the same impression. The president finished the summing up. Then he found it necessary to tell the jury what they all knew, or might have found out by reading it up--i.e., how they were to consider the case, count the votes, in case of a tie to acquit the prisoners, and so on.
Everything seemed to have been told; but no, the president could not forego his right of speaking as yet. It was so pleasant to hear the impressive tones of his own voice, and therefore he found it necessary to say a few words more about the importance of the rights given to the jury, how carefully they should use the rights and how they ought not to abuse them, about their being on their oath, that they were the conscience of society, that the secrecy of the debating-room should be considered sacred, etc.
From the time the president commenced his speech, Maslova watched him without moving her eyes as if afraid of losing a single word; so that Nekhludoff was not afraid of meeting her eyes and kept looking at her all the time. And his mind passed through those phases in which a face which we have not seen for many years first strikes us with the outward changes brought about during the time of separation, and then gradually becomes more and more like its old self, when the changes made by time seem to disappear, and before our spiritual eyes rises only the principal expression of one exceptional, unique individuality. Yes, though dressed in a prison cloak, and in spite of the developed figure, the fulness of the bosom and lower part of the face, in spite of a few wrinkles on the forehead and temples and the swollen eyes, this was certainly the same Katusha who, on that Easter eve, had so innocently looked up to him whom she loved, with her fond, laughing eyes full of joy and life.
"What a strange coincidence that after ten years, during which I never saw her, this case should have come up today when I am on the jury, and that it is in the prisoners' dock that I see her again! And how will it end? Oh, dear, if they would only get on quicker."
Still he would not give in to the feelings of repentance which began to arise within him. He tried to consider it all as a coincidence, which would pass without infringing his manner of life. He felt himself in the position of a puppy, when its master, taking it by the scruff of its neck, rubs its nose in the mess it has made. The puppy whines, draws back and wants to get away as far as possible from the effects of its misdeed, but the pitiless master does not let go.
And so, Nekhludoff, feeling all the repulsiveness of what he had done, felt also the powerful hand of the Master, but he did not feel the whole significance of his action yet and would not recognise the Master's hand. He did not wish to believe that it was the effect of his deed that lay before him, but the pitiless hand of the Master held him and he felt he could not get away. He was still keeping up his courage and sat on his chair in the first row in his usual self-possessed pose, one leg carelessly thrown over the other, and playing with his pince-nez. Yet all the while, in the depths of his soul, he felt the cruelty, cowardice and baseness, not only of this particular action of his but of his whole self-willed, depraved, cruel, idle life; and that dreadful veil which had in some unaccountable manner hidden from him this sin of his and the whole of his subsequent life was beginning to shake, and he caught glimpses of what was covered by that veil.
在被告?zhèn)冏髁俗詈箨愂?，各有關(guān)方面對(duì)問題的提法商量了好一陣之后，所有的問題都確定了，庭長(zhǎng)就做總結(jié)發(fā)言。
在敘述案情以前，他用親切愉快的口吻向陪審員解釋了好久，說什么搶劫就是搶劫，偷盜就是偷盜，從鎖著的地方盜竊就是從鎖著的地方盜竊，從沒有鎖著的地方盜竊就是從沒有鎖著的地方盜竊。他解釋的時(shí)候，老是瞧瞧聶赫留朵夫，仿佛希望他領(lǐng)會(huì)這個(gè)重要關(guān)節(jié)，領(lǐng)會(huì)以后好向同事們解釋。然后他認(rèn)為陪審員們已充分理解這些道理，就開始解釋另一個(gè)道理：致人于死的行為叫做謀殺，因此毒死也是一種謀殺。等他覺得這個(gè)道理也為陪審員們所理解了，就又向他們闡明：如果盜竊和謀殺同時(shí)發(fā)生，那么盜竊和謀殺就構(gòu)成犯罪因素。
盡管他自己也很想快點(diǎn)脫身，因?yàn)槿鹗颗艘言谀抢锏人?，可是他做這工作已成習(xí)慣，一開講怎么也收不住嘴，因此就向陪審員們?cè)斣敿?xì)細(xì)解釋，如果他們認(rèn)為被告有罪，那就有權(quán)裁定他們有罪；如果他們認(rèn)為被告無(wú)罪，那就有權(quán)裁定他們無(wú)罪，如果他們認(rèn)為被告犯這一種罪而沒有犯那一種罪，那就有權(quán)裁定他們犯這一種罪而沒有犯那一種罪。接著他又向他們說明，他們雖享有這項(xiàng)權(quán)利，但必須合理使用。他還想向他們解釋，如果他們對(duì)提出的問題作出肯定的回答，那就表示他們裁定問題中所提出的全部罪行；如果他們不同意提出的全部罪行，那就應(yīng)該聲明對(duì)不同意的地方持保留態(tài)度。這當(dāng)兒，他看了看懷表，發(fā)現(xiàn)只差五分就三點(diǎn)鐘了，于是決定立刻轉(zhuǎn)入案情敘述。
“本案情況是這樣的，”他開始講，把辯護(hù)人、副檢察官和證人們說過好幾次的話重復(fù)了一遍。
庭長(zhǎng)講著話，兩邊法官都現(xiàn)出沉思的樣子聽著，偶爾看看表，覺得他的講話很好，就是說照章辦事，只是長(zhǎng)了一點(diǎn)。副檢察官也好，法庭上其他官員和在場(chǎng)的人也好，大家都有這樣的感覺。最后，庭長(zhǎng)結(jié)束了總結(jié)發(fā)言。
要說的話似乎都已說了?？墒峭ラL(zhǎng)怎么也不肯放棄他的發(fā)言權(quán)。他聽著自己抑揚(yáng)頓挫的聲音，沾沾自喜，覺得還需要再說幾句，強(qiáng)調(diào)一下陪審員所享權(quán)利的重要意義，指出他們行使這項(xiàng)權(quán)利必須慎重，不能濫用，因?yàn)樗麄円研^誓，他們是社會(huì)的良心，陪審員議事室里的神圣秘密必須嚴(yán)加保守，等等，等等。
庭長(zhǎng)一開始講話，瑪絲洛娃就目不轉(zhuǎn)睛地盯住他，仿佛怕聽漏一個(gè)字。這樣，聶赫留朵夫不用擔(dān)心跟她的目光相遇，就一直看著她，他心里發(fā)生了一種常見的情況：心愛的人久別重逢，她的外貌由于這些年飽經(jīng)風(fēng)霜，變得使他吃驚，但接著透過外貌，她的本來(lái)面目逐漸恢復(fù)，聶赫留朵夫腦海里又出現(xiàn)了那個(gè)舉世無(wú)雙的人的主要風(fēng)貌。
聶赫留朵夫心里就發(fā)生了這樣的情況。
不錯(cuò)，盡管她身穿囚袍，身體發(fā)胖，胸部高聳，盡管她下巴放寬，額上和鬢角出現(xiàn)皺紋，眼睛浮腫，她確實(shí)就是卡秋莎，就是在復(fù)活節(jié)黎明時(shí)用她那雙充滿生之歡樂的熱情眼睛，天真地從腳到頭笑盈盈瞅著他這個(gè)心愛的人的卡秋莎。
“居然會(huì)有這樣的巧遇！偏偏排在我陪審的庭上審訊，十年不見，偏偏在這里的被告席上看見她！這事將怎樣收?qǐng)霭。?BR> 但愿快一點(diǎn)，快一點(diǎn)收?qǐng)觯 ?BR> 他心里產(chǎn)生了悔恨情緒，但他還不愿受它支配。他認(rèn)為這是個(gè)偶然事件，不久就會(huì)過去，不會(huì)損害他的生活。他覺得自己好象一只做了壞事的小狗，主人揪住它的頸背，把它的鼻子按在闖禍的地方。那小狗尖聲狂叫，四腳抵住地面，身子往后退，想遠(yuǎn)遠(yuǎn)離開自己闖禍的地方，并且把它忘掉，但主人鐵面無(wú)情，不肯罷休。聶赫留朵夫也感到他以前的行為多么卑劣，也感到主人那只強(qiáng)有力的手，但他還是不了解他所干的那件事的后果，也不承認(rèn)他有一個(gè)支配他命運(yùn)的主人。他還是不愿相信眼前這件事是他一手造成的?？墒悄侵粺o(wú)形的手緊緊抓住他，他感到無(wú)法脫身。他還在硬充好漢，若無(wú)其事地坐在第一排第二座上，習(xí)慣成自然地把一條腿架在另一條腿上，隨便擺弄著他的夾鼻眼鏡。不過，在內(nèi)心深處他已感到，不僅那個(gè)行為，而且他的整個(gè)閑散、放蕩、殘忍和自滿的生活是多么殘酷，卑鄙和惡劣。在以往的十二年里，有一塊可怕的幕布一直遮住他的眼睛，使他看不見那件罪行和犯罪后所過的全部生活。如今這塊幕布在飄動(dòng)，他已經(jīng)偶爾看到了幕布后面的景象。