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.
庭長翻閱了一些文件，向民事執(zhí)行吏和書記官提出幾個問題，得到肯定的答復(fù)，就傳被告出庭。欄桿后面的那扇門開了，兩個憲兵頭戴軍帽，手拿出鞘的佩刀，走了進來。后面跟著三個被告，先是一個紅棕色頭發(fā)、臉上有雀斑的男人，再是兩個女人。那男人穿著一件長大得同他的身材極不相稱的囚袍。他一邊走進法庭，一邊叉開兩手的大拇指，用手緊貼住褲縫，使過分長的衣袖不致滑下來。他眼睛不看法官和旁聽者，卻注視著他繞過的長凳。他繞過長凳，規(guī)規(guī)矩矩地坐在邊上，留下位子給別人坐，然后眼睛盯住庭長，頰上的肌肉抖動起來，仿佛在嘟囔著什么。跟在他后面進來的是個年紀不輕的女人，身上也穿著囚袍。她頭上包著一塊囚犯用的三角頭巾，臉色灰白，眼睛發(fā)紅，沒有眉毛，也沒有睫毛。這個女人看上去十分鎮(zhèn)定。她走到自己的位子旁邊，長袍被什么東西鉤住。她不慌不忙小心地把它摘開，坐下來。
第三個被告是瑪絲洛娃。
瑪絲洛娃一進來，法庭里的男人便都把目光轉(zhuǎn)到她身上，久久地盯住她那張白嫩的臉、那雙水汪汪的黑眼睛和長袍底下高高隆起的胸部。當(dāng)她在人們面前走過時，就連那個憲兵也目不轉(zhuǎn)睛地盯著她，直到她坐下。等她坐下了，憲兵這才仿佛覺得有失體統(tǒng)，慌忙轉(zhuǎn)過臉去，振作精神，木然望著窗外。
庭長等著被告坐好；瑪絲洛娃坐下來，他就轉(zhuǎn)過臉去對書記官說話。
例行的審訊程序開始了：清點陪審員人數(shù)，討論缺席陪審員問題，決定他們的罰款，處理請假陪審員的事，以及指定候補陪審員的名單。然后庭長折攏幾張小紙片，把它們放到玻璃缸里，這才稍稍卷起制服的繡花袖口，露出汗毛濃密的雙手，象魔術(shù)師似的摸出一張張紙條，打開來，念著紙條上的名字。隨后庭長放下袖口，請司祭帶陪審員們宣誓。
司祭是個小老頭，臉上浮腫，臉色白中帶黃。他身穿棕色法衣，胸前掛著金十字架，法衣一側(cè)還別著一個小勛章。他慢吞吞地挪動法衣里的兩條腫腿，走到圣像下面的讀經(jīng)臺旁。
陪審員們都站起來，往讀經(jīng)臺擠去。
“請過來！”司祭用浮腫的手摸摸胸前的十字架，等陪審員們走過去。
這個司祭任職已超過四十六年，再過三年就要象大司祭前不久那樣慶祝任職五十周年了。自從陪審法院開辦以來①他就在區(qū)法庭任職，并感到十分自豪，因為由他帶領(lǐng)宣誓的已多達幾萬人，而且到了晚年還能為教會、祖國和家庭出力。他死后不僅能給家人留了一座房子，而且還有不下于三萬盧布的有息證券。他在法庭里帶領(lǐng)人們憑福音書宣誓，而福音書恰恰禁止人們起誓，因此這項工作是不正當(dāng)?shù)摹＿@一點他可從來沒有想到過。他不僅從來不感到于心有愧，而且還很喜愛它，因為可以借此結(jié)識許多名流。今天他就認識了那位名律師，對他佩服得五體投地，因為他只辦了擊敗那個帽子上戴花的老太太一案，就凈到手一萬盧布。
--------
①俄國在一八*年實行司法改革，成立陪審法院，刑事案件公開審判。
等陪審員都順著臺階走到臺上，司祭就側(cè)著花白頭發(fā)的禿頭，套上油膩的圣帶，然后理理稀疏的頭發(fā)，向陪審員們轉(zhuǎn)過臉去。
“舉起右手，手指這樣并攏，”他用蒼老的聲音慢吞吞地說，舉起每個手指上都有小窩的浮腫的手，手指并攏，象捏住什么東西?！艾F(xiàn)在大家跟著我念，”他說著就領(lǐng)頭宣誓：“憑萬能的上帝，當(dāng)著他神圣的福音書和賦與生命的十字架，我答應(yīng)并宣誓，在審理本案時……”他說一句，頓一頓?！笆诌@樣舉好，不要放下，”他對一個放下手來的年輕人說，“在審理本案時……”
留絡(luò)腮胡子的相貌堂堂的人、上校、商人和另外幾個人，都遵照司祭的要求舉起右手，并攏手指，而且舉得很高很有精神，看上去很高興，可是其他的人似乎有點勉強，不大樂意這樣做。有些人念誓詞念得特別響，仿佛有意在挑釁說：“我照念就是了，照念就是了?！庇行┤酥皇青貏觿幼彀?，落在司祭后面，后來忽然驚覺了，慌忙趕上去。有些人惡狠狠地使勁捏攏手，仿佛怕落掉什么東西。有些人把手指松開又捏攏。個個都覺得別扭，只有小老頭司祭滿懷信心，自以為在干一件有益的大事。宣誓完畢，庭長請陪審員們選出一名首席陪審員來。陪審員們紛紛起立，擠在一起走進議事室。一到議事室，他們都立刻掏出香煙，吸起煙來。有人提議請那位相貌堂堂的紳士當(dāng)首席陪審員，大家立刻贊同。他們丟掉或者捻滅煙蒂，回到法庭。當(dāng)選的首席陪審員向庭長報告誰當(dāng)選，大家又回到原位，跨過別人的腳，在兩排高背椅上坐好。
一切都進行得很順利，毫不耽擱，氣氛十分莊嚴。這種有條不紊、一絲不茍的儀式使參加者都很滿意，更加堅信他們是在參加一項嚴肅而重大的社會工作。這一點聶赫留朵夫也感覺到了。
等陪審員們一坐好，庭長就向他們說明陪審員的權(quán)利、責(zé)任和義務(wù)。庭長講話的時候不斷改變姿勢，一會兒身子支在左臂肘上，一會兒支在右臂肘上，一會兒靠在椅背上，一會兒擱在椅子的扶手上，一會兒弄齊一疊紙，一會兒摩挲裁紙刀，一會兒摸弄著鉛筆。
庭長說，陪審員的權(quán)利是可以通過庭長審問被告，可以使用鉛筆和紙，可以察看物證。他們的責(zé)任是審判必須公正，不準弄虛作假。他們的義務(wù)是保守會議秘密，不得與外界私通消息，如有違反，將受懲罰。
大家都恭恭敬敬地用心聽著。那個商人周身散發(fā)出酒氣，勉強忍住飽嗝，聽到一句話，就點一下頭表示贊成。
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.
庭長翻閱了一些文件，向民事執(zhí)行吏和書記官提出幾個問題，得到肯定的答復(fù)，就傳被告出庭。欄桿后面的那扇門開了，兩個憲兵頭戴軍帽，手拿出鞘的佩刀，走了進來。后面跟著三個被告，先是一個紅棕色頭發(fā)、臉上有雀斑的男人，再是兩個女人。那男人穿著一件長大得同他的身材極不相稱的囚袍。他一邊走進法庭，一邊叉開兩手的大拇指，用手緊貼住褲縫，使過分長的衣袖不致滑下來。他眼睛不看法官和旁聽者，卻注視著他繞過的長凳。他繞過長凳，規(guī)規(guī)矩矩地坐在邊上，留下位子給別人坐，然后眼睛盯住庭長，頰上的肌肉抖動起來，仿佛在嘟囔著什么。跟在他后面進來的是個年紀不輕的女人，身上也穿著囚袍。她頭上包著一塊囚犯用的三角頭巾，臉色灰白，眼睛發(fā)紅，沒有眉毛，也沒有睫毛。這個女人看上去十分鎮(zhèn)定。她走到自己的位子旁邊，長袍被什么東西鉤住。她不慌不忙小心地把它摘開，坐下來。
第三個被告是瑪絲洛娃。
瑪絲洛娃一進來，法庭里的男人便都把目光轉(zhuǎn)到她身上，久久地盯住她那張白嫩的臉、那雙水汪汪的黑眼睛和長袍底下高高隆起的胸部。當(dāng)她在人們面前走過時，就連那個憲兵也目不轉(zhuǎn)睛地盯著她，直到她坐下。等她坐下了，憲兵這才仿佛覺得有失體統(tǒng)，慌忙轉(zhuǎn)過臉去，振作精神，木然望著窗外。
庭長等著被告坐好；瑪絲洛娃坐下來，他就轉(zhuǎn)過臉去對書記官說話。
例行的審訊程序開始了：清點陪審員人數(shù)，討論缺席陪審員問題，決定他們的罰款，處理請假陪審員的事，以及指定候補陪審員的名單。然后庭長折攏幾張小紙片，把它們放到玻璃缸里，這才稍稍卷起制服的繡花袖口，露出汗毛濃密的雙手，象魔術(shù)師似的摸出一張張紙條，打開來，念著紙條上的名字。隨后庭長放下袖口，請司祭帶陪審員們宣誓。
司祭是個小老頭，臉上浮腫，臉色白中帶黃。他身穿棕色法衣，胸前掛著金十字架，法衣一側(cè)還別著一個小勛章。他慢吞吞地挪動法衣里的兩條腫腿，走到圣像下面的讀經(jīng)臺旁。
陪審員們都站起來，往讀經(jīng)臺擠去。
“請過來！”司祭用浮腫的手摸摸胸前的十字架，等陪審員們走過去。
這個司祭任職已超過四十六年，再過三年就要象大司祭前不久那樣慶祝任職五十周年了。自從陪審法院開辦以來①他就在區(qū)法庭任職，并感到十分自豪，因為由他帶領(lǐng)宣誓的已多達幾萬人，而且到了晚年還能為教會、祖國和家庭出力。他死后不僅能給家人留了一座房子，而且還有不下于三萬盧布的有息證券。他在法庭里帶領(lǐng)人們憑福音書宣誓，而福音書恰恰禁止人們起誓，因此這項工作是不正當(dāng)?shù)摹＿@一點他可從來沒有想到過。他不僅從來不感到于心有愧，而且還很喜愛它，因為可以借此結(jié)識許多名流。今天他就認識了那位名律師，對他佩服得五體投地，因為他只辦了擊敗那個帽子上戴花的老太太一案，就凈到手一萬盧布。
--------
①俄國在一八*年實行司法改革，成立陪審法院，刑事案件公開審判。
等陪審員都順著臺階走到臺上，司祭就側(cè)著花白頭發(fā)的禿頭，套上油膩的圣帶，然后理理稀疏的頭發(fā)，向陪審員們轉(zhuǎn)過臉去。
“舉起右手，手指這樣并攏，”他用蒼老的聲音慢吞吞地說，舉起每個手指上都有小窩的浮腫的手，手指并攏，象捏住什么東西?！艾F(xiàn)在大家跟著我念，”他說著就領(lǐng)頭宣誓：“憑萬能的上帝，當(dāng)著他神圣的福音書和賦與生命的十字架，我答應(yīng)并宣誓，在審理本案時……”他說一句，頓一頓?！笆诌@樣舉好，不要放下，”他對一個放下手來的年輕人說，“在審理本案時……”
留絡(luò)腮胡子的相貌堂堂的人、上校、商人和另外幾個人，都遵照司祭的要求舉起右手，并攏手指，而且舉得很高很有精神，看上去很高興，可是其他的人似乎有點勉強，不大樂意這樣做。有些人念誓詞念得特別響，仿佛有意在挑釁說：“我照念就是了，照念就是了?！庇行┤酥皇青貏觿幼彀?，落在司祭后面，后來忽然驚覺了，慌忙趕上去。有些人惡狠狠地使勁捏攏手，仿佛怕落掉什么東西。有些人把手指松開又捏攏。個個都覺得別扭，只有小老頭司祭滿懷信心，自以為在干一件有益的大事。宣誓完畢，庭長請陪審員們選出一名首席陪審員來。陪審員們紛紛起立，擠在一起走進議事室。一到議事室，他們都立刻掏出香煙，吸起煙來。有人提議請那位相貌堂堂的紳士當(dāng)首席陪審員，大家立刻贊同。他們丟掉或者捻滅煙蒂，回到法庭。當(dāng)選的首席陪審員向庭長報告誰當(dāng)選，大家又回到原位，跨過別人的腳，在兩排高背椅上坐好。
一切都進行得很順利，毫不耽擱，氣氛十分莊嚴。這種有條不紊、一絲不茍的儀式使參加者都很滿意，更加堅信他們是在參加一項嚴肅而重大的社會工作。這一點聶赫留朵夫也感覺到了。
等陪審員們一坐好，庭長就向他們說明陪審員的權(quán)利、責(zé)任和義務(wù)。庭長講話的時候不斷改變姿勢，一會兒身子支在左臂肘上，一會兒支在右臂肘上，一會兒靠在椅背上，一會兒擱在椅子的扶手上，一會兒弄齊一疊紙，一會兒摩挲裁紙刀，一會兒摸弄著鉛筆。
庭長說，陪審員的權(quán)利是可以通過庭長審問被告，可以使用鉛筆和紙，可以察看物證。他們的責(zé)任是審判必須公正，不準弄虛作假。他們的義務(wù)是保守會議秘密，不得與外界私通消息，如有違反，將受懲罰。
大家都恭恭敬敬地用心聽著。那個商人周身散發(fā)出酒氣，勉強忍住飽嗝，聽到一句話，就點一下頭表示贊成。