FANARIN, THE ADVOCATE–THE PETITION.
法纳林,辩护者–请愿书。

Nekhludoff meant to rearrange the whole of his external life, to let his large house and move to an hotel, but Agraphena Petrovna pointed out that it was useless to change anything before the winter. —
涅赫鲁多夫打算重新安排他整个外部生活,卖掉他那幢大房子,搬到一家酒店,但阿格拉芬娜·彼得罗芙娜指出冬天之前改变任何事情都是没有意义的。 —

No one would rent a town house for the summer; —
没有人会为夏天租一个城市房子; —

anyhow, he would have to live and keep his things somewhere. —
无论如何,他都必须有个地方住和存放自己的东西。 —

And so all his efforts to change his manner of life (he meant to live more simply: —
因此,他所有的努力改变自己的生活方式(他打算过得更简单:像学生们那样过)都无济于事。不仅一切仍旧如故,而且房子里突然充满了新的活动。 —

as the students live) led to nothing. Not only did everything remain as it was, but the house was suddenly filled with new activity. —
一切依旧如故,而且房子里突然充满了新的活动。 —

All that was made of wool or fur was taken out to be aired and beaten. —
所有由羊毛或皮毛制成的物品都被拿出来晾晒和敲打。 —

The gate-keeper, the boy, the cook, and Corney himself took part in this activity. —
门房看守、男孩、厨师和柯尼自己都参与了这一活动。 —

All sorts of strange furs, which no one ever used, and various uniforms were taken out and hung on a line, then the carpets and furniture were brought out, and the gate-keeper and the boy rolled their sleeves up their muscular arms and stood beating these things, keeping strict time, while the rooms were filled with the smell of naphthaline.
各种奇怪的皮毛,从未被使用过的各种制服被拿出来挂在绳子上,然后地毯和家具被搬出来,门房和男孩卷起有力的胳膊袖子,站在一边敲打这些东西,严格按照节奏,屋子里弥漫着萘普苯的味道。

When Nekhludoff crossed the yard or looked out of the window and saw all this going on, he was surprised at the great number of things there were, all quite useless. —
当涅赫卢多夫穿过院子或从窗户往外看,看到这一切正在进行,他对于这么多毫无用处的东西感到惊讶。 —

Their only use, Nekhludoff thought, was the providing of exercise for Agraphena Petrovna, Corney, the gate-keeper, the boy, and the cook.
尼赫鲁多夫想到,它们唯一的用处就是给阿格拉芬娜·彼得罗夫娜、门卫科尔尼、那个男孩和厨师提供锻炼。

“But it’s not worth while altering my manner of life now,” he thought, “while Maslova’s case is not decided. —
“但现在改变我的生活方式还不值得,” 他想,”因为马斯洛娃的案件还没有得到解决。 —

Besides, it is too difficult. It will alter of itself when she will be set free or exiled, and I follow her.”
再说,这太难了。等她被释放或流放,我跟着她的时候,它自会改变。

On the appointed day Nekhludoff drove up to the advocate Fanarin’s own splendid house, which was decorated with huge palms and other plants, and wonderful curtains, in fact, with all the expensive luxury witnessing to the possession of much idle money, i. —
在约好的日子,尼赫鲁多夫开车来到了律师法纳林的豪华住所,那里装饰着巨大的棕榈树和其他植物,壮丽的窗帘,实际上所有昂贵的奢侈品都证明他有大量不劳而获的钱,即那些突然变得富有的人才有的财富。 —

e., money acquired without labour, which only those possess who grow rich suddenly. —
在等候室里,就像在医生的等候室里一样,他发现许多神情沮丧的人坐在几张桌子周围,桌子上放着意图让他们娱乐的插图报纸,等待着轮到他们见律师。 —

In the waiting-room, just as in a doctor’s waiting-room, he found many dejected-looking people sitting round several tables, on which lay illustrated papers meant to amuse them, awaiting their turns to be admitted to the advocate. —
律师的助理坐在房间里的一张高桌前,认出了尼赫鲁多夫,走到他跟前说他会立刻去通知律师。 —

The advocate’s assistant sat in the room at a high desk, and having recognised Nekhludoff, he came up to him and said he would go and announce him at once. —
让助理立刻通知他。 —

But the assistant had not reached the door before it opened and the sounds of loud, animated voices were heard; —
但在助手走到门口之前,门就打开了,传来了声音洪亮、生动的声音; —

the voice of a middle-aged, sturdy merchant, with a red face and thick moustaches, and the voice of Fanarin himself. —
一位中年、结实的商人的声音,脸红、浓密的胡须,还有范纳林本人的声音。 —

Fanarin was also a middle-aged man of medium height, with a worn look on his face. —
范纳林也是个中年人,身材中等,脸上带着疲惫的神情。 —

Both faces bore the expression which you see on the faces of those who have just concluded a profitable but not quite honest transaction.
两张脸上都带着你见过的那种表情,那是那些刚刚结束了一笔有利可图但不太诚实的交易后才会有的表情。

“Your own fault, you know, my dear sir,” Fanarin said, smiling.
“这是你自己的错,亲爱的先生,你知道的,”范纳林微笑着说。

“We’d all be in ‘eaven were it not for hour sins.”
“如果不是因为我们的罪恶,我们都会在天堂的。”

“Oh. yes, yes; we all know that,” and both laughed un-naturally.
“哦,是的,是的;我们都知道这一点,”两人都不自然地笑了起来。

“Oh, Prince Nekhludoff! Please to step in,” said Fanarin, seeing him, and, nodding once more to the merchant, he led Nekhludoff into his business cabinet, furnished in a severely correct style.
“哦,涅赫卢多夫王子!请进来,”范纳林看见他,对着商人再次点了一下头,然后领着涅赫卢多夫进入装饰得相当严谨的办公间。

“Won’t you smoke?” said the advocate, sitting down opposite Nekhludoff and trying to conceal a smile, apparently still excited by the success of the accomplished transaction.
“你要抽烟吗?”律师说着坐在涅赫卢多夫对面,试图掩饰一丝微笑,显然仍然被刚刚完成的交易的成功搞得兴奋不已。

“Thanks; I have come about Maslova’s case.”
“谢谢,我是为了马斯洛娃的案件来的。”

“Yes, yes; directly! But oh, what rogues these fat money bags are!” he said. —
“是的,是的;我马上就说!但哦,这些肥胖的金袋子多么无耻啊!”他说。 —

“You saw this here fellow. Why, he has about twelve million roubles, and he cannot speak correctly; —
“你看见这个家伙。为什么呢,他有大约一千二百万卢布,却连话都说不利落; —

and if he can get a twenty-five rouble note out of you he’ll have it, if he’s to wrench it out with his teeth.”
如果他能从你那里弄到一张二十五卢布的钞票,他会拼了命地去拿,哪怕是用牙齿撬下来。”

“He says “eaven’ and ‘hour,’ and you say ‘this here fellow,’” Nekhludoff thought, with an insurmountable feeling of aversion towards this man who wished to show by his free and easy manner that he and Nekhludoff belonged to one and the same camp, while his other clients belonged to another.
“他说‘天堂’和‘我们’,而你说‘这个家伙’,”涅赫卢多夫心里想着,对这位律师产生了一种难以克服的厌恶感,这位律师希望通过他轻松自在的态度显示他和涅赫卢多夫属于同一阵营,而他的其他客户则属于另一个阵营。

“He has worried me to death–a fearful scoundrel. —
“他把我搞得要死——一个可怕的混蛋。 —

I felt I must relieve my feelings,” said the advocate, as if to excuse his speaking about things that had no reference to business. —
“我感觉我必须要宣泄一下我的情绪,”辩护律师说,仿佛在为自己提到与业务无关的事情进行辩解。 —

“Well, how about your case? I have read it attentively, but do not approve of it. —
“那么,你的案子怎么样了?我已经认真阅读了,但不赞成它。 —

I mean that greenhorn of an advocate has left no valid reason for an appeal.”
“我的意思是那个菜鸟律师没有留下任何有效的上诉理由。”

“Well, then, what have you decided?”
“那么,你们决定了吗?”

“One moment. Tell him,” he said to his assistant, who had just come in, “that I keep to what I have said. —
“等一下。告诉他,”他对刚进来的助手说,“我坚守我说过的话。 —

If he can, it’s all right; if not, no matter.”
“如果他能的话,一切都很好;如果不能,也没关系。”

“But he won’t agree.”
“但他不会同意。”

“Well, no matter,” and the advocate frowned.
“那么,没关系。”辩护律师皱了皱眉头。

“There now, and it is said that we advocates get our money for nothing,” he remarked, after a pause. —
“现在不是说我们辩护律师白拿钱的吗?”他在停顿后说道。 —

“I have freed one insolvent debtor from a totally false charge, and now they all flock to me. —
“我曾经从一个完全诬陷的无力偿还债务人手里解救出来,现在他们纷纷涌向我。 —

Yet every such case costs enormous labour. Why, don’t we, too, ‘lose bits of flesh in the inkstand?’ —
“但每一个这样的案子都需要巨大的劳动。为什么呢,我们也会‘在墨水壶里掉肉块’, —

as some writer or other has said. Well, as to your case, or, rather, the case you are taking an interest in. —
“正如某位作家所说的。嗯,关于你的案子,或者说,你所关心的案子。 —

It has been conducted abominably. There is no good reason for appealing. —
“它的管理实在可恶。没有好的上诉理由。 —

Still,” he continued, “we can but try to get the sentence revoked. This is what I have noted down.” —
“不过,”他继续说道,“我们还是可以试图撤销判决。这就是我记下来的。” —

He took up several sheets of paper covered with writing, and began to read rapidly, slurring over the uninteresting legal terms and laying particular stress on some sentences. —
他拿起几张密密麻麻写满文字的纸,开始快速地阅读,忽略了乏味的法律术语,特别强调一些句子。 —

“To the Court of Appeal, criminal department, etc., etc. According to the decisions, etc. —
“上诉法院,刑事部门等等。根据判决结果,等等。 —

, the verdict, etc., So-and-so Maslova pronounced guilty of having caused the death through poison of the merchant Smelkoff, and has, according to Statute 1454 of the penal code, been sentenced to Siberia,” etc. —
裁定书等等。某某马斯洛娃被判有罪,因为通过毒药导致商人斯梅尔科夫的死亡,并根据刑法1454条被判去西伯利亚,”等等。 —

, etc. He stopped. Evidently, in spite of his being so used to it, he still felt pleasure in listening to his own productions. —
等等。他停顿了。显然,尽管他已经习惯了这种作品,但他仍然很享受听自己的产物。 —

“This sentence is the direct result of the most glaring judicial perversion and error,” he continued, impressively, “and there are grounds for its revocation. —
“这个判决是最为明显的司法扭曲和错误结果,”他继续说,给人留下了深刻印象,”有理由撤销它。 —

Firstly, the reading of the medical report of the examination of Smelkoff’s intestines was interrupted by the president at the very beginning. —
首先,当斯梅尔科夫的肠道检查医学报告正在进行阅读时,法庭主席立即中断了。 —

This is point one.”
这是第一点。”

“But it was the prosecuting side that demanded this reading,” Nekhludoff said, with surprise.
“但要求这段阅读的是控方,”涅赫卢多夫惊讶地说。

“That does not matter. There might have been reasons for the defence to demand this reading, too.”
“这并不重要。辩方也可能有理由要求这段阅读。”

“Oh, but there could have been no reason whatever for that.”
“哦,但绝对没有任何理由。”

“It is a ground for appeal, though. To continue: —
“这是上诉理由。接着说: —

‘Secondly,’ he went on reading, ‘when Maslova’s advocate, in his speech for the defence, wishing to characterise Maslova’s personality, referred to the causes of her fall, he was interrupted by the president calling him to order for the alleged deviation from the direct subject. —
‘其次,’他继续阅读,‘当马斯洛娃的辩护律师在为辩护辩论时,希望描述马斯洛娃的性格时,法庭主席打断他,指责他偏离了直接话题。 —

Yet, as has been repeatedly pointed out by the Senate, the elucidation of the criminal’s characteristics and his or her moral standpoint in general has a significance of the first importance in criminal cases, even if only as a guide in the settling of the question of imputation.’ —
然而,正如参议院多次指出的那样,在刑事案件中,犯罪人物的性格描述及其道德立场具有至关重要的意义,即使只作为判断归责问题的指导。 —

That’s point two,” he said, with a look at Nekhludoff.
这就是第二点,”他对涅赫鲁多夫说。

“But he spoke so badly that no one could make anything of it,” Nekhludoff said, still more astonished.
“但他说得太糟糕了,没人能听懂,”涅赫鲁多夫说得更加惊讶。

“The fellow’s quite a fool, and of course could not be expected to say anything sensible,” Fanarin said, laughing; —
“那家伙实在太蠢了,当然不会有任何明智的话要说,”范纳林笑着说。” —

“but, all the same, it will do as a reason for appeal. Thirdly: —
“但是,尽管如此,这依然可以作为上诉的理由。第三: —

‘The president, in his summing up, contrary to the direct decree of section 1, statute 801, of the criminal code, omitted to inform the jury what the judicial points are that constitute guilt; —
‘总统在总结时,违反了刑法801条第1节的明文规定,没告知陪审团组成犯罪的司法要点; —

and did not mention that having admitted the fact of Maslova having administered the poison to Smelkoff, the jury had a right not to impute the guilt of murder to her, since the proofs of wilful intent to deprive Smelkoff of life were absent, and only to pronounce her guilty of carelessness resulting in the death of the merchant, which she did not desire.’ —
并没有提到,虽然承认了玛斯洛娃给斯梅尔科夫下毒,但陪审团有权不将谋杀罪归咎于她,因为没有证据证实她有故意致斯梅尔科夫于死地的意图,只能判定她因疏忽导致商人死亡,而她并不希望如此。’ —

This is the chief point.”
这是主要的要点。”

“Yes; but we ought to have known that ourselves. It was our mistake.”
“是的;但这是我们自己的错误,我们应该知道这一点。”

“And now the fourth point,” the advocate continued. —
“现在是第四点,”律师继续说道。 —

“The form of the answer given by the jury contained an evident contradiction. —
“陪审团的答复形式存在明显矛盾。” —

Maslova is accused of wilfully poisoning Smelkoff, her one object being that of cupidity, the only motive to commit murder she could have had. —
Maslova 被指控故意毒死 Smelkoff,她的唯一目的是贪婪,而这也是她可能犯罪的唯一动机。 —

The jury in their verdict acquit her of the intent to rob, or participation in the stealing of valuables, from which it follows that they intended also to acquit her of the intent to murder, and only through a misunderstanding, which arose from the incompleteness of the president’s summing up, omitted to express it in due form in their answer. —
陪审团在他们的判决中宣布她没有意图抢劫,或参与窃取贵重物品,由此可得出,他们也打算宣布她没有谋杀意图,只是由于主席总结的不完整产生了误解,导致他们未能在答复中以适当方式表达。 —

Therefore an answer of this kind by the jury absolutely demanded the application of statutes 816 and 808 of the criminal code of procedure, i. —
因此,陪审团的这种回答绝对要求适用刑事诉讼法典816和808条。 —

e., an explanation by the president to the jury of the mistake made by them, and another debate on the question of the prisoner’s guilt.”
总统向陪审团解释了他们所犯错误,并对囚犯的罪行进行了另一场辩论。

“Then why did the president not do it?”
“那么为什么总统没有这么做呢?”

“I, too, should like to know why,” Fanarin said, laughing.
“我也想知道为什么,” 法纳林笑着说。

“Then the Senate will, of course, correct this error?”
“那么参议院当然会纠正这个错误了吧?”

“That will all depend on who will preside there at the time. Well, now, there it is. —
“这完全取决于当时谁在那里主持。那么,现在问题就在这里。 —

I have further said,” he continued, rapidly, “a verdict of this kind gave the Court no right to condemn Maslova to be punished as a criminal, and to apply section 3, statute 771 of the penal code to her case. —
我进一步说,这种裁决没有权利让法庭定马斯洛娃为罪犯处罚,并对她的案件适用刑法典771条第3节。 —

This is a decided and gross violation of the basic principles of our criminal law. —
这是对我们刑法基本原则的明显违反。 —

In view of the reasons stated, I have the honour of appealing to you, etc., etc. —
鉴于前述原因,我有幸向你们呼吁,等等,等等。 —

, the refutation, according to 909, 910, and section 2, 912 and 928 statute of the criminal code, etc. —
据909、910和刑法典第2、912和928条的驳斥等等。 —

, etc… . to carry this case before another department of the same Court for a further examination. —
等等…将此案提交给同一法庭的另一部门进一步审查。 —

There; all that can be done is done, but, to be frank, I have little hope of success, though, of course, it all depends on what members will be present at the Senate. —
这就是全部能做的了,但坦率地说,我对成功的希望不是很大,当然,这完全取决于参议院的成员。 —

If you have any influence there you can but try.”
如果你在那里有影响力,你可以试试。

“I do know some.”
“我知道一些人。”

“All right; only be quick about it. Else they’ll all go off for a change of air; —
“好的,只要快点。否则他们会全部外出换换空气; —

then you may have to wait three months before they return. —
那时你可能需要等待三个月才能他们回来。 —

Then, in case of failure, we have still the possibility of appealing to His Majesty. —
那么,如果失败的话,我们仍然有向陛下上诉的可能。 —

This, too, depends on the private influence you can bring to work. —
这也取决于您能够发挥的私人影响力。 —

In this case, too, I am at your service; —
在这种情况下,我也尽力为您服务; —

I mean as to the working of the petition, not the influence.”
我指的是关于请愿的进行,而不是影响力。”

“Thank you. Now as to your fees?”
“谢谢。现在关于您的费用呢?”

“My assistant will hand you the petition and tell you.”
“我的助手会递给您请愿书,并告诉您。”

“One thing more. The Procureur gave me a pass for visiting this person in prison, but they tell me I must also get a permission from the governor in order to get an interview at another time and in another place than those appointed. —
“还有一件事。检察官给了我一份允许我探望这个被关押的人的通行证,但是他们告诉我我还必须得到总督的许可,才能在另一个时间和地点与通知的时间和地点不同的情况下进行面谈。 —

Is this necessary?”
这是必要的吗?”

“Yes, I think so. But the governor is away at present; a vice-governor is in his place. —
“是的,我认为是。但总督目前不在,一个副总督正在他的位置。 —

And he is such an impenetrable fool that you’ll scarcely be able to do anything with him.”
他是一个难以琢磨的傻瓜,你几乎无法与他做任何事情。”

“Is it Meslennikoff?”
“是麦斯连尼科夫吗?”

“Yes.”
“是的。”

“I know him,” said Nekhludoff, and got up to go. —
尼赫鲁多夫说:“我认识他。”站起来准备离开。 —

At this moment a horribly ugly, little, bony, snub-nosed, yellow-faced woman flew into the room. —
就在这时,一个长相极其丑陋的瘦小、鼻子扁平、黄脸的女人飞进了房间。 —

It was the advocate’s wife, who did not seem to be in the least bit troubled by her ugliness. —
那是律师的妻子,她似乎一点也不为自己的丑陋感到困扰。 —

She was attired in the most original manner; —
她穿着非常别致; —

she seemed enveloped in something made of velvet and silk, something yellow and green, and her thin hair was crimped.
她似乎包裹在一些由天鹅绒和丝绸制成的东西里,一些黄色和绿色的东西里,她那细细的头发梳成了卷发。

She stepped out triumphantly into the ante-room, followed by a tall, smiling man, with a greenish complexion, dressed in a coat with silk facings, and a white tie. —
她得意洋洋地走出去庭室,后面跟着一个身材高大、面带微绿的男人,穿着一件有丝绸镶边的外套,挂着一根白领带。 —

This was an author. Nekhludoff knew him by sight.
这是位作家。涅赫卢杜夫认出了他。

She opened the cabinet door and said, “Anatole, you must come to me. —
她打开书柜门说,“阿纳托力,你必须来找我。 —

Here is Simeon Ivanovitch, who will read his poems, and you must absolutely come and read about Garshin.”
这里有西蒙·伊万诺维奇,他将朗诵他的诗歌,你一定要来听听加尔辛的作品。”

Nekhludoff noticed that she whispered something to her husband, and, thinking it was something concerning him, wished to go away, but she caught him up and said: —
涅赫卢杜夫注意到她对丈夫悄悄说了些什么,以为是关于他的事情,便想离开,但她挽留住了他说: —

“I beg your pardon, Prince, I know you, and, thinking an introduction superfluous, I beg you to stay and take part in our literary matinee. —
“请原谅,王子,我认识您,认为不需要介绍,恳请您留下参加我们的文艺活动。 —

It will be most interesting. M. Fanarin will read.”
这会非常有趣。梵纳灵先生将朗诵。”

“You see what a lot I have to do,” said Fanarin, spreading out his hands and smilingly pointing to his wife, as if to show how impossible it was to resist so charming a creature.
“你看我有多少事要忙,”梵纳灵展开双手笑着指向妻子,好像在展示面对如此迷人的女人是多么无法抗拒。

Nekhludoff thanked the advocate’s wife with extreme politeness for the honour she did him in inviting him, but refused the invitation with a sad and solemn look, and left the room.
涅赫卢杜夫用极其有礼貌的态度谢谢辩护律师的妻子邀请他,但却以悲伤和庄重的神色婉拒了邀请,然后离开房间。

“What an affected fellow!” said the advocate’s wife, when he had gone out.
“多么做作的家伙!”辩护律师的妻子在他走出去后说道。

In the ante-room the assistant handed him a ready-written petition, and said that the fees, including the business with the Senate and the commission, would come to 1,000 roubles, and explained that M. Fanarin did not usually undertake this kind of business, but did it only to oblige Nekhludoff.
在走廊里,助手递给他一份已写好的请愿书,并说包括与参议院和委员会的交易在内的费用将达到1000卢布,解释说梵纳灵先生通常不承担这种业务,但这次是为了帮助涅赫卢杜夫而做的。

“And about this petition. Who is to sign it?”
“关于这份请愿书。谁来签字?”

“The prisoner may do it herself, or if this is inconvenient, M. Fanarin can, if he gets a power of attorney from her.”
“囚犯可以亲自签字,或者如果不方便的话,梵纳灵先生可以,只要他从她那里得到一份授权书。”

“Oh, no. I shall take the petition to her and get her to sign it,” said Nekhludoff, glad of the opportunity of seeing her before the appointed day.
“哦,不。我会把请愿书交给她,让她签字的,”涅赫留多夫说,很高兴有机会在规定日期之前见到她。


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①迦尔洵(1855—1888)——俄国作家。
Guy de Maupassant (1855-1888) - Russian writer.