a verdict of not guilty. If,
however they found them guilty of one charge, and not guilty of the
other, they might bring in a verdict of guilty of the one and not
guilty of the other. He further explained to them that they must
exercise this power intelligently. He also intended to explain to them
that if they gave an affirmative answer to a question, they would
thereby affirm everything involved in the question, and that if they
did not desire to affirm everything involved in the question, they
must distinguish the part they affirmed from the part they
disaffirmed. But, seeing on the clock that it was five minutes of
three, he decided to pass over to a statement of the case.
"The facts of this case are the following," he began, repeating
everything that had been stated over and over again by the defendants'
attorneys, the prosecutor and the witnesses. While the justiciary was
charging the jury his associates thoughtfully listened, and now and
then glanced at the clock. They thought that although his charge was
sound, i. e., as it should be, it was too long. Of the same opinion was
the prosecutor, as well as all those connected with the court,
including the spectators. The justiciary concluded his charge.
It was thought he had finished. But the justiciary found it necessary
to add a few words concerning the importance of the power given to
the jury; that it should be used with care, and should not be abused;
that they had taken an oath; that they were the conscience of society,
and that the secrecy of the consultation room was sacred, etc., etc.
From the moment the justiciary began to speak, Maslova kept her eyes
on him, as if she feared to miss a word, so that Nekhludoff was not
afraid to meet her gaze, and constantly looked at her. And before his
imagination arose that common phenomenon of the appearance of a long
absent, beloved face, which, after the first shock produced by the
external changes which have taken place during the long absence,
gradually becomes the same as it was many years ago--all the past
changes disappear, and before the spiritual eyes stands forth the main
expression of the peculiar spiritual individuality. This happened with
Nekhludoff.
Yes, notwithstanding the prison garb, the bloated body and the high
breast; notwithstanding the distended lower part of the face, the
wrinkles on the forehead and the temples, and the swelling under the
eyes, it was undoubtedly that same Katiousha who on
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