flimsy
accusations of fraud, and now they all run after me. And every such
case requires great labor. We, too, you know, leave some of our flesh
in the ink-pot, as some author said."

"Well, now, your case, or rather the case in which you are
interested," he continued; "was badly conducted. There are no good
grounds for appeal, but, of course, we can make an attempt. This is
what I have written."

He took a sheet of paper, and quickly swallowing some uninteresting,
formal words, and emphasizing others, he began to read:

"To the Department of Cassation, etc., etc., Katherine, etc. Petition.
By the decision, etc., of the etc., rendered, etc., a certain Maslova
was found guilty of taking the life, by poisoning, of a certain
merchant Smelkoff, and in pursuance of Chapter 1,454 of the Code, was
sentenced to etc., with hard labor, etc."

He stopped, evidently listening with pleasure to his own composition,
although from constant use he knew the forms by heart.

"'This sentence is the result of grave errors,' he continued with
emphasis, 'and ought to be reversed for the following reasons:
First, the reading in the indictment of the description of the
entrails of Smelkoff was interrupted by the justiciary at the very
beginning.'--One."

"But the prosecutor demanded its reading," Nekhludoff said with
surprise.

"That is immaterial; the defense could have demanded the same thing."

"But that was entirely unnecessary."

"No matter, it is a ground of appeal. Further: 'Second. Maslova's
attorney,' he continued to read, 'was interrupted while addressing the
jury, by the justiciary, when, desiring to depict the character of
Maslova, he touched upon the inner causes of her fall. The ground for
refusing to permit him to continue his address was stated to be
irrelevancy to the question at issue. But as has often been pointed
out by the Senate, the character and moral features generally of an
accused are to be given the greatest weight in determining the
question of intent.'--Two."

"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