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 pr