The counsel for the defence, Smirnyaev, did not deny Urbenin's guilt; he only begged them to admit that Urbenin had acted under the influence of a state of temporary insanity, and to have indulgence for him. When describing how painful the feelings of jealousy are, he cited as an example Shakespeare's “Othello.” He looked at that “all-human type” from every side, giving extracts from various critics, and got into such a maze that the presiding judge had to stop him with the remark that “a knowledge of foreign literature was not obligatory for the jurymen.”

Taking advantage of having the last word, Urbenin called God to witness that he was not guilty either in deed or thought.

“It is all the same to me where I am—in this district where everything reminds me of my unmerited shame and of my wife, or in penal servitude; but it is the fate of my children that is troubling me.”

And, turning to the public, Urbenin began to cry, and begged that his children might be cared for.

“Take them. The Count will not lose the opportunity of vaunting his generosity, but I have already warned the children; they will not accept a crumb from him.”

Then, noticing me among the public, he looked at me with suppliant eyes and said:

“Defend my children from the Count's favours!”

He apparently had quite forgotten the impending verdict, and his thoughts were only centred on his children. He talked about them until he was stopped by the presiding judge.

The jury were not long in consultation. Urbenin was found guilty, without extenuating circumstances on any count.

He was condemned to the loss of all civil rights, transportation and hard labour for fifteen years.