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."