THE ABSURDITY OF LAW--REFLECTIONS OF A JURYMAN.
On coming into the Law Courts Nekhludoff met the usher of yesterday, who to-day seemed to him much to be pitied, in the corridor, and asked him where those prisoners who had been sentenced were kept, and to whom one had to apply for permission to visit them. The usher told him that the condemned prisoners were kept in different places, and that, until they received their sentence in its final form, the permission to visit them depended on the president. “I’ll come and call you myself, and take you to the president after the session. The president is not even here at present. After the session! And now please come in; we are going to commence.”
Nekhludoff thanked the usher for his kindness, and went into the jurymen’s room. As he was approaching the room, the other jurymen were just leaving it to go into the court. The merchant had again partaken of a little refreshment, and was as merry as the day before, and greeted Nekhludoff like an old friend. And to-day Peter Gerasimovitch did not arouse any unpleasant feelings in Nekhludoff by his familiarity and his loud laughter. Nekhludoff would have liked to tell all the jurymen about his relations to yesterday’s prisoner. “By rights,” he thought, “I ought to have got up yesterday during the trial and disclosed my guilt.”
He entered the court with the other jurymen, and witnessed the same procedure as the day before.
“The judges are coming,” was again proclaimed, and again three men, with embroidered collars, ascended the platform, and there was the same settling of the jury on the high-backed chairs, the same gendarmes, the same portraits, the same priest, and Nekhludoff felt that, though he knew what he ought to do, he could not interrupt all this solemnity. The preparations for the trials were just the same as the day before, excepting that the swearing in of the jury and the president’s address to them were omitted.
The case before the Court this day was one of burglary. The prisoner, guarded by two gendarmes with naked swords, was a thin, narrow-chested lad of 20, with a bloodless, sallow face, dressed in a grey cloak. He sat alone in the prisoner’s dock. This boy was accused of having, together with a companion, broken the lock of a shed and stolen several old mats valued at 3 roubles [the rouble is worth a little over two shillings, and contains 100 copecks] and 67 copecks. According to the indictment, a policeman had stopped this boy as he was passing with his companion, who was carrying the mats on his shoulder. The boy and his companion confessed at once, and were both imprisoned. The boy’s companion, a locksmith, died in prison, and so the boy was being tried alone. The old mats were lying on the table as the objects of material evidence. The business was conducted just in the same manner as the day before, with the whole armoury of evidence, proofs, witnesses, swearing in, questions, experts, and cross-examinations. In answer to every question put to him by the president, the prosecutor, or the advocate, the policeman (one of the witnesses) in variably ejected the words: “just so,” or “Can’t tell.” Yet, in spite of his being stupefied, and rendered a mere machine by military discipline, his reluctance to speak about the arrest of this prisoner was evident. Another witness, an old house proprietor, and owner of the mats, evidently a rich old man, when asked whether the mats were his, reluctantly identified them as such. When the public prosecutor asked him what he meant to do with these mats, what use they were to him, he got angry, and answered: “The devil take those mats; I don’t want them at all. Had I known there would be all this bother about them I should not have gone looking for them, but would rather have added a ten-rouble note or two to them, only not to be dragged here and pestered with questions. I have spent a lot on isvostchiks. Besides, I am not well. I have been suffering from rheumatism for the last seven years.” It was thus the witness spoke.