Nekhludoff said, with surprise.
"That does not matter. There might have been reasons for the defence to demand this reading, too."
"Oh, but there could have been no reason whatever for that."
"It is a ground for appeal, though. To continue: ' 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. 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.' That's point two," he said, with a look at Nekhludoff.
"But he spoke so badly that no one could make anything of it,"
Nekhludoff said, still more astonished.
"The fellow's quite a fool, and of course could not be expected to say anything sensible," Fanarin said, laughing; "but, all the same, it will do as a reason for appeal. Thirdly: '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; 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.' This is the chief point."