The dignified man with the whiskers, the colonel, the merchant,
and several more held their arms and fingers as the priest
required of them, very high, very exactly, as if they liked doing
it; others did it unwillingly and carelessly. Some repeated the
words too loudly, and with a defiant tone, as if they meant to
say, "In spite of all, I will and shall speak." Others whispered
very low, and not fast enough, and then, as if frightened,
hurried to catch up the priest. Some kept their fingers tightly
together, as if fearing to drop the pinch of invisible something
they held; others kept separating and folding theirs. Every one
save the old priest felt awkward, but he was sure he was
fulfilling a very useful and important duty.
After the swearing in, the president requested the jury to choose
a foreman, and the jury, thronging to the door, passed out into
the debating-room, where almost all of them at once began to
smoke cigarettes. Some one proposed the dignified man as foreman,
and he was unanimously accepted. Then the jurymen put out their
cigarettes and threw them away and returned to the court. The
dignified man informed the president that he was chosen foreman,
and all sat down again on the high-backed chairs.
Everything went smoothly, quickly, and not without a certain
solemnity. And this exactitude, order, and solemnity evidently
pleased those who took part in it: it strengthened the impression
that they were fulfilling a serious and valuable public duty.
Nekhludoff, too, felt this.
As soon as the jurymen were seated, the president made a speech
on their rights, obligations, and responsibilities. While
speaking he kept changing his position; now leaning on his right,
now on his left hand, now against the back, then on the arms of
his chair, now putting the papers straight, now handling his
pencil and paper-knife.
According to his words, they had the right of interrogating the
prisoners through the president, to use paper and pencils, and to
examine the articles put in as evidence. Their duty was to judge
not falsely, but justly. Their responsibility meant that if the
secrecy of their discussion were violated, or communications were
established with outsiders, they would be liable to punishment.
Every one listened with an expression of respectful attention.
The merchant, diffusing a smell of brandy around him, and
restraining loud hiccups, approvingly nodded his head at every
sentence.