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she knows French； she is illegitimate； and probably carries in
her the germs of criminality。 She was educated in an enlightened；
noble family and might have lived by honest work； but she deserts
her benefactress； gives herself up to a life of shame in which
she is distinguished from her companions by her education； and
chiefly； gentlemen of the jury； as you have heard from her
mistress； by her power of acting on the visitors by means of that
mysterious capacity lately investigated by science； especially by
the school of Charcot； known by the name of hypnotic influence。
By these means she gets hold of this Russian； this kind…hearted
Sadko； ＇Sadko； the hero of a legend＇ the rich guest； and uses his
trust in order first to rob and then pitilessly to murder him。〃
〃Well； he is piling it on now； isn't he？〃 said the president with
a smile； bending towards the serious member。
〃A fearful blockhead！〃 said the serious member。
Meanwhile the public prosecutor went on with his speech。
〃Gentlemen of the jury；〃 gracefully swaying his body； 〃the fate
of society is to a certain extent in your power。 Your verdict
will influence it。 Grasp the full meaning of this crime； the
danger that awaits society from those whom I may perhaps be
permitted to call pathological individuals； such as Maslova。
Guard it from infection； guard the innocent and strong elements
of society from contagion or even destruction。〃
And as if himself overcome by the significance of the expected
verdict； the public prosecutor sank into his chair； highly
delighted with his speech。
The sense of the speech； when divested of all its flowers of
rhetoric； was that Maslova； having gained the merchant's
confidence； hypnotised him and went to his lodgings with his key
meaning to take all the money herself； but having been caught in
the act by Simeon and Euphemia had to share it with them。 Then；
in order to hide the traces of the crime； she had returned to the
lodgings with the merchant and there poisoned him。
After the prosecutor had spoken； a middle…aged man in
swallow…tail coat and low…cut waistcoat showing a large
half…circle of starched white shirt； rose from the advocates'
bench and made a speech in defence of Kartinkin and Botchkova；
this was an advocate engaged by them for 300 roubles。 He
acquitted them both and put all the blame on Maslova。 He denied
the truth of Maslova's statements that Botchkova and Kartinkin
were with her when she took the money； laying great stress on the
point that her evidence could not be accepted； she being charged
with poisoning。 〃The 2；500 roubles；〃 the advocate said； 〃could
have been easily earned by two honest people getting from three
to five roubles per day in tips from the lodgers。 The merchant's
money was stolen by Maslova and given away； or even lost； as she
was not in a normal state。〃
The poisoning was committed by Maslova alone； therefore he begged
the jury to acquit Kartinkin and Botchkova of stealing the money；
or if they could not acquit them of the theft； at least to admit
that it was done without any participation in the poisoning。
In conclusion the advocate remarked； with a thrust at the public
prosecutor； that 〃the brilliant observations of that gentleman on
heredity； while explaining scientific facts concerning heredity；
were inapplicable in this case； as Botchkova was of unknown
parentage。〃 The public prosecutor put something down on paper
with an angry look； and shrugged his shoulders in contemptuous
surprise。
Then Maslova's advocate rose； and timidly and hesitatingly began
his speech in her defence。
Without denying that she had taken part in the stealing of the
money； he insisted on the fact that she had no intention of
poisoning Smelkoff； but had given him the powder only to make him
fall asleep。 He tried to go in for a little eloquence in giving a
description of how Maslova was led into a life of debauchery by a
man who had remained unpunished while she had to bear all the
weight of her fall； but this excursion into the domain of
psychology was so unsuccessful that it made everybody feel
uncomfortable。 When he muttered something about men's cruelty and
women's helplessness； the president tried to help him by asking
him to keep closer to the facts of the case。 When he had finished
the public prosecutor got up to reply。 He defended his position
against the first advocate； saying that oven if Botchkova was of
unknown parentage the truth of the doctrine of heredity was
thereby in no way invalidated； since the laws of heredity were so
far proved by science that we can not only deduce the crime from
heredity； but heredity from the crime。 As to the statement made
in defence of Maslova； that she was the victim of an imaginary
（he laid a particularly venomous stress on the word imaginary）
betrayer； he could only say that from the evidence before them it
was much more likely that she had played the part of temptress to
many and many a victim who had fallen into her hands。 Having said
this he sat down in triumph。 Then the prisoners were offered
permission to speak in their own defence。
Euphemia Botchkova repeated once more that she knew nothing about
it and had taken part in nothing； and firmly laid the whole blame
on Maslova。 Simeon Kartinkin only repeated several times： 〃It is
your business； but I am innocent； it's unjust。〃 Maslova said
nothing in her defence。 Told she might do so by the president；
she only lifted her eyes to him； cast a look round the room like
a hunted animal； and； dropping her head； began to cry； sobbing
aloud。
〃What is the matter？〃 the merchant asked Nekhludoff； hearing him
utter a strange sound。 This was the sound of weeping fiercely
kept back。 Nekhludoff had not yet understood the significance of
his present position； and attributed the sobs he could hardly
keep back and the tears that filled his eyes to the weakness of
his nerves。 He put on his pince…nez in order to hide the tears；
then got out his handkerchief and began blowing his nose。
Fear of the disgrace that would befall him if every one in the
court knew of his conduct stifled the inner working of his soul。
This fear was； during this first period； stronger than all else。
CHAPTER XXII。
THE TRIALTHE 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 truthnamely； that a murder is an action
which has the death of a human being as its consequ