“But he spoke so badly that we could not understand him,” said Nekhludoff with still greater surprise.

“He is a very foolish fellow and, of course, could say nothing sensible,” Fanirin said, laughing.  “However, it is a ground for appeal.  ’Third.  In his closing words the justiciary, contrary to the positive requirements of section 1, chapter 801 of the Code of Criminal Procedure, failed to explain to the jury of what legal elements the theory of guilt consisted; nor did he tell them that if they found that Maslova gave the poison to Smelkoff, but without intent to kill, they had the power to discharge her.’  This is the principal point.”

“We could have known that.  That was our mistake.”

“And finally:  ‘Fourth,’” continued the lawyer. “’The answer of the jury to the question of Maslova’s guilt was made in a form which was obviously contradictory.  Maslova was charged with intentional poisoning of Smelkoff, and with robbery as a motive, while the jury, in their answer, denied her guilt of the robbery, from which it was evident that they intended to acquit her of the intent to kill.  Their failure to do so was due to the incomplete charge of the justiciary.  Such an answer, therefore, demanded the application of chapters 816 and 808 of the Code.  That is to say, it was the duty of the presiding justice to explain to the jury their mistake and refer the question of the guilt of the accused to them for further deliberation.’”

“Why, then, did he not do it?”

“That is just what I would like to know myself,” said Fanirin, laughing.

“So the Senate will correct the mistake.”

“That will depend on who will be sitting there when the case is heard.”

“Well, and then we continue:  ’Under these circumstances the court erred in imposing on Maslova punishment, and the application to her of section 3, chapter 771 of the Code was a serious violation of the basic principles of the criminal law.  Wherefore applicant demands, etc., etc., be revised in accordance with chs. 909, 910, s. 2, 912 and 928 of the Code, etc., etc., and referring the case back for a new trial to a different part of the same court.’  Well, now, everything that could be done was done.  But I will be frank with you; the probabilities of success are slight.  However, everything depends on who will be sitting in the Senate.  If you know any one among them, bestir yourself.”

“Yes, I know some.”

“Then you must hasten, for they will soon be gone on their vacation, and won’t return for three months.  In case of failure, the only recourse will be to petition the Czar.  I shall be at your service also in that contingency.”

“I thank you.  And now as to your honorarium?”

“My clerk will hand you the petition and also my bill.”

“One more question I would like to ask you.  The prosecutor gave me a pass for the prison, but I was told there that it was necessary to obtain the Governor’s permission to visit the prison on other than visitors’ days.  Is it necessary?”