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Petersburg, and hearing of the circumstances of his death, declared his suspicion that Smelkoff was poisoned with a view of robbing him of the money he carried about his person. "This suspicion was confirmed at the preliminary inquest, by which it was established: 1.
Here the assistant prosecutor again rose, and with a dissimulating naiveness asked permission to ask a few more questions, which was granted, and leaning his head on his gold-embroidered collar, he asked: "I would like to know how long was the prisoner in the room with Smelkoff?"
He would jolt the Allies in January with five pieces of artillery, two 75's and three pom poms, brought up from Kotlas where their stores had been taken in the fall retreat before the Allies. One of his prominent commanders, Smelkoff, who had fought on the railroad in the fall, went over to the distant Pinega front to assist a rising young local commander, Kulikoff.
That on the return of said Smelkoff and Maslova to the said hotel, the said Maslova, on the advice of the said servant Kartinkin, administered to the deceased a glass of brandy, in which she put a white powder given her by said Kartinkin. 4. That the servant of said Hotel Mauritania, Euphemia Bochkova, deposited in her name in the local Bank of Commerce the sum of eighteen hundred rubles.
She further testified that during her second visit to the room of the merchant she gave him, at the instigation of Kartinkin, several powders in a glass of brandy, which she considered to be narcotic, in order that she might get away from him. The ring was presented to her by Smelkoff when she cried and was about to leave him after he had beaten her.
Maslova again seemed frightened, and she again looked anxiously from the public prosecutor to the president, and said hurriedly: "I do not remember how long." "Yes, but does the prisoner remember if she went anywhere else in the lodging-house after she left Smelkoff?" Maslova considered for a moment. "Yes, I did go into an empty room next to his."
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 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."
The external examination disclosed: 1. The height of Therapout Smelkoff was six feet five inches. "But what a huge fellow," the merchant whispered in Nekhludoff's ear with solicitude. From external appearances he seemed to be about forty years of age. The body had a swollen appearance. The color of the pall was green, streaked with dark spots.
Then came the names of the witnesses, the signature and deduction of the physician, from which it appeared that the changes found in the stomach, intestines and kidneys justified the conclusion "to a large degree probable" that the death of Smelkoff was due to poison taken into the stomach with a quantity of wine.
Petersburg, and hearing the circumstances that accompanied the death of the latter, notified his suspicions that the death was caused by poison, given with intent to rob the said Smelkoff of his money. This suspicion was corroborated on inquiry, which proved: 1. That shortly before his death the said Smelkoff had received the sum of 3,800 roubles from the bank.
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