He jumped up in a frenzy, flung off the towel, and fell to pacing up and down the room again. Alyosha recalled what he had just said. “I seem to be sleeping awake... I walk, I speak, I see, but I am asleep.” It seemed to be just like that now. Alyosha did not leave him. The thought passed through his mind to run for a doctor, but he was afraid to leave his brother alone: there was no one to whom he could leave him. By degrees Ivan lost consciousness completely at last. He still went on talking, talking incessantly, but quite incoherently, and even articulated his words with difficulty. Suddenly he staggered violently; but Alyosha was in time to support him. Ivan let him lead him to his bed. Alyosha undressed him somehow and put him to bed. He sat watching over him for another two hours. The sick man slept soundly, without stirring, breathing softly and evenly. Alyosha took a pillow and lay down on the sofa, without undressing.
As he fell asleep he prayed for Mitya and Ivan. He began to understand Ivan’s illness. “The anguish of a proud determination. An earnest conscience!” God, in Whom he disbelieved, and His truth were gaining mastery over his heart, which still refused to submit. “Yes,” the thought floated through Alyosha’s head as it lay on the pillow, “yes, if Smerdyakov is dead, no one will believe Ivan’s evidence; but he will go and give it.” Alyosha smiled softly. “God will conquer!” he thought. “He will either rise up in the light of truth, or... he’ll perish in hate, revenging on himself and on everyone his having served the cause he does not believe in,” Alyosha added bitterly, and again he prayed for Ivan.
BOOK XII. A JUDICIAL ERROR
CHAPTER 1
The Fatal Day
AT ten o’clock in the morning of the day following the events I have described, the trial of Dmitri Karamazov began in our district court.
I hasten to emphasise the fact that I am far from esteeming myself capable of reporting all that took place at the trial in full detail, or even in the actual order of events. I imagine that to mention everything with full explanation would fill a volume, even a very large one. And so I trust I may not be reproached, for confining myself to what struck me. I may have selected as of most interest what was of secondary importance, and may have omitted the most prominent and essential details. But I see I shall do better not to apologise. I will do my best and the reader will see for himself that I have done all I can.
And, to begin with, before entering the court, I will mention what surprised me most on that day. Indeed, as it appeared later, everyone was surprised at it, too. We all knew that the affair had aroused great interest, that everyone was burning with impatience for the trial to begin, that it had been a subject of talk, conjecture, exclamation and surmise for the last two months in local society. Everyone knew, too, that the case had become known throughout Russia, but yet we had not imagined that it had aroused such burning, such intense, interest in everyone, not only among ourselves, but all over Russia. This became evident at the trial this day.
Visitors had arrived not only from the chief town of our province, but from several other Russian towns, as well as from Moscow and Petersburg. Among them were lawyers, ladies, and even several distinguished personages. Every ticket of admission had been snatched up. A special place behind the table at which the three judges sat was set apart for the most distinguished and important of the men visitors; a row of arm-chairs had been placed there — something exceptional, which had never been allowed before. A large proportion not less than half of the public — were ladies. There was such a large number of lawyers from all parts that they did not know where to seat them, for every ticket had long since been eagerly sought for and distributed. I saw at the end of the room, behind the platform, a special partition hurriedly put up, behind which all these lawyers were admitted, and they thought themselves lucky to have standing room there, for all chairs had been removed for the sake of space, and the crowd behind the partition stood throughout the case closely packed, shoulder to shoulder.
Some of the ladies, especially those who came from a distance, made their appearance in the gallery very smartly dressed, but the majority of the ladies were oblivious even of dress. Their faces betrayed hysterical, intense, almost morbid, curiosity. A peculiar fact — established afterwards by many observations — was that almost all the ladies, or, at least the vast majority of them, were on Mitya’s side and in favour of his being acquitted. This was perhaps chiefly owing to his reputation as a conqueror of female hearts. It was known that two women rivals were to appear in the case. One of them — Katerina Ivanovna — was an object of general interest. All sorts of extraordinary tales were told about her, amazing anecdotes of her passion for Mitya, in spite of his crime. Her pride and “aristocratic connections” were particularly insisted upon (she had called upon scarcely anyone in the town). People said she intended to petition the Government for leave to accompany the criminal to Siberia and to be married to him somewhere in the mines. The appearance of Grushenka in court was awaited with no less impatience. The public was looking forward with anxious curiosity to the meeting of the two rivals — the proud aristocratic girl and “the hetaira.” But Grushenka was a more familiar figure to the ladies of the district than Katerina Ivanovna. They had already seen “the woman who had ruined Fyodor Pavlovitch and his unhappy son,” and all, almost without exception, wondered how father and son could be so in love with “such a very common, ordinary Russian girl, who was not even pretty.”
In brief, there was a great deal of talk. I know for a fact that there were several serious family quarrels on Mitya’s account in our town. Many ladies quarrelled violently with their husbands over differences of opinion about the dreadful case, and it was that the husbands of these ladies, far from being favourably disposed to the prisoner, should enter the court bitterly prejudiced against him. In fact, one may say pretty certainly that the masculine, as distinguished from the feminine, part of the audience was biased against the prisoner. There were numbers of severe, frowning, even vindictive faces. Mitya, indeed, had managed to offend many people during his stay in the town. Some of the visitors were, of course, in excellent spirits and quite unconcerned as to the fate of Mitya personally. But all were interested in the trial, and the majority of the men were certainly hoping for the conviction of the criminal, except perhaps the lawyers, who were more interested in the legal than in the moral aspect of the case.
Everybody was excited at the presence of the celebrated lawyer, Fetyukovitch. His talent was well known, and this was not the first time he had defended notorious criminal cases in the provinces. And if he defended them, such cases became celebrated and long remembered all over Russia. There were stories, too, about our prosecutor and about the President of the Court. It was said that Ippolit Kirillovitch was in a tremor at meeting Fetyukovitch, and that they had been enemies from the beginning of their careers in Petersburg, that though our sensitive prosecutor, who always considered that he had been aggrieved by someone in Petersburg because his talents had not been properly appreciated, was keenly excited over the Karamazov case, and was even dreaming of rebuilding his flagging fortunes by means of it, Fetyukovitch, they said, was his one anxiety. But these rumours were not quite just. Our prosecutor was not one of those men who lose heart in face of danger. On the contrary, his self-confidence increased with the increase of danger. It must be noted that our prosecutor was in general too hasty and morbidly impressionable. He would put his whole soul into some case and work at it as though his whole fate and his whole fortune depended on its result. This was the subject of some ridicule in the legal world, for just by this characteristic our prosecutor had gained a wider notoriety than could have been expected from his modest position. People laughed particularly at his passion for psychology. In my opinion, they were wrong, and our prosecutor was, I believe, a character of greater depth than was generally supposed. But with his delicate health he had failed to make his mark at the outset of his career and had never made up for it later.
As for the President of our Court, I can only say that he
was a humane and cultured man, who had a practical knowledge of his work and progressive views. He was rather ambitious, but did not concern himself greatly about his future career. The great aim of his life was to be a man of advanced ideas. He was, too, a man of connections and property. He felt, as we learnt afterwards, rather strongly about the Karamazov case, but from a social, not from a personal standpoint. He was interested in it as a social phenomenon, in its classification and its character as a product of our social conditions, as typical of the national character, and so on, and so on. His attitude to the personal aspect of the case, to its tragic significance and the persons involved in it, including the prisoner, was rather indifferent and abstract, as was perhaps fitting, indeed.
The court was packed and overflowing long before the judges made their appearance. Our court is the best hall in the town — spacious, lofty, and good for sound. On the right of the judges, who were on a raised platform, a table and two rows of chairs had been put ready for the jury. On the left was the place for the prisoner and the counsel for the defence. In the middle of the court, near the judges, was a table with the “material proofs.” On it lay Fyodor Pavlovitch’s white silk dressing-gown, stained with blood; the fatal brass pestle with which the supposed murder had been committed; Mitya’s shirt, with a blood-stained sleeve; his coat, stained with blood in patches over the pocket in which he had put his handkerchief; the handkerchief itself, stiff with blood and by now quite yellow; the pistol loaded by Mitya at Perhotin’s with a view to suicide, and taken from him on the sly at Mokroe by Trifon Borrissovitch; the envelope in which the three thousand roubles had been put ready for Grushenka, the narrow pink ribbon with which it had been tied, and many other articles I don’t remember. In the body of the hall, at some distance, came the seats for the public. But in front of the balustrade a few chairs had been placed for witnesses who remained in the court after giving their evidence.
At ten o’clock the three judges arrived — the President, one honorary justice of the peace, and one other. The prosecutor, of course, entered immediately after. The President was a short, stout, thick-set man of fifty, with a dyspeptic complexion, dark hair turning grey and cut short, and a red ribbon, of what Order I don’t remember. The prosecutor struck me and the others, too, as looking particularly pale, almost green. His face seemed to have grown suddenly thinner, perhaps in a single night, for I had seen him looking as usual only two days before. The President began with asking the court whether all the jury were present.
But I see I can’t go on like this, partly because some things I did not hear, others I did not notice, and others I have forgotten, but most of all because, as I have said before, I have literally no time or space to mention everything that was said and done. I only know that neither side objected to very many of the jurymen. I remember the twelve jurymen — four were petty officials of the town, two were merchants, and six peasants and artisans of the town. I remember, long before the trial, questions were continually asked with some surprise, especially by ladies: “Can such a delicate, complex and psychological case be submitted for decision to petty officials and even peasants?” and “What can an official, still more a peasant, understand in such an affair?” All the four officials in the jury were, in fact, men of no consequence and of low rank. Except one who was rather younger, they were grey-headed men, little known in society, who had vegetated on a pitiful salary, and who probably had elderly, unpresentable wives and crowds of children, perhaps even without shoes and stockings. At most, they spent their leisure over cards and, of course, had never read a single book. The two merchants looked respectable, but were strangely silent and stolid. One of them was close-shaven, and was dressed in European style; the other had a small, grey beard, and wore a red ribbon with some sort of a medal upon it on his neck. There is no need to speak of the artisans and the peasants. The artisans of Skotoprigonyevsk are almost peasants, and even work on the land. Two of them also wore European dress, and, perhaps for that reason, were dirtier and more uninviting-looking than the others. So that one might well wonder, as I did as soon as I had looked at them, “what men like that could possibly make of such a case?” Yet their faces made a strangely imposing, almost menacing, impression; they were stern and frowning.
At last the President opened the case of the murder of Fyodor Pavlovitch Karamazov. I don’t quite remember how he described him. The court usher was told to bring in the prisoner, and Mitya made his appearance. There was a hush through the court. One could have heard a fly. I don’t know how it was with others, but Mitya made a most unfavourable impression on me. He looked an awful dandy in a brand-new frock-coat. I heard afterwards that he had ordered it in Moscow expressly for the occasion from his own tailor, who had his measure. He wore immaculate black kid gloves and exquisite linen. He walked in with his yard-long strides, looking stiffly straight in front of him, and sat down in his place with a most unperturbed air.
At the same moment the counsel for defence, the celebrated Fetyukovitch, entered, and a sort of subdued hum passed through the court. He was a tall, spare man, with long thin legs, with extremely long, thin, pale fingers, clean-shaven face, demurely brushed, rather short hair, and thin lips that were at times curved into something between a sneer and a smile. He looked about forty. His face would have been pleasant, if it had not been for his eyes, which, in themselves small and inexpressive, were set remarkably close together, with only the thin, long nose as a dividing line between them. In fact, there was something strikingly birdlike about his face. He was in evening dress and white tie.
I remember the President’s first questions to Mitya, about his name, his calling, and so on. Mitya answered sharply, and his voice was so unexpectedly loud that it made the President start and look at the prisoner with surprise. Then followed a list of persons who were to take part in the proceedings — that is, of the witnesses and experts. It was a long list. Four of the witnesses were not present — Miusov, who had given evidence at the preliminary inquiry, but was now in Paris; Madame Hohlakov and Maximov, who were absent through illness; and Smerdyakov, through his sudden death, of which an official statement from the police was presented. The news of Smerdyakov’s death produced a sudden stir and whisper in the court. Many of the audience, of course, had not heard of the sudden suicide. What struck people most was Mitya’s sudden outburst. As soon as the statement of Smerdyakov’s death was made, he cried out aloud from his place:
“He was a dog and died like a dog!”
I remember how his counsel rushed to him, and how the President addressed him, threatening to take stern measures, if such an irregularity were repeated. Mitya nodded and in a subdued voice repeated several times abruptly to his counsel, with no show of regret:
“I won’t again, I won’t. It escaped me. I won’t do it again.”
And, of course, this brief episode did him no good with the jury or the public. His character was displayed, and it spoke for itself. It was under the influence of this incident that the opening statement was read. It was rather short, but circumstantial. It only stated the chief reasons why he had been arrested, why he must be tried, and so on. Yet it made a great impression on me. The clerk read it loudly and distinctly. The whole tragedy was suddenly unfolded before us, concentrated, in bold relief, in a fatal and pitiless light. I remember how, immediately after it had been read, the President asked Mitya in a loud impressive voice:
“Prisoner, do you plead guilty?”
Mitya suddenly rose from his seat.
“I plead guilty to drunkenness and dissipation,” he exclaimed, again in a startling, almost frenzied, voice, “to idleness and debauchery. I meant to become an honest man for good, just at the moment when I was struck down by fate. But I am not guilty of the death of that old man, my enemy and my father. No, no, I am not guilty of robbing him! I could not be. Dmitri Karamazov is a scoundrel, but not a thief.”
He sat down again, visibly trembling all over. The President again briefly, but impressively, admonish
ed him to answer only what was asked, and not to go off into irrelevant exclamations. Then he ordered the case to proceed. All the witnesses were led up to take the oath. Then I saw them all together. The brothers of the prisoner were, however, allowed to give evidence without taking the oath. After an exhortation from the priest and the President, the witnesses were led away and were made to sit as far as possible apart from one another. Then they began calling them up one by one.
CHAPTER 2
Dangerous Witnesses
I DO NOT know whether the witnesses for the defence and for the prosecution were separated into groups by the President, and whether it was arranged to call them in a certain order. But no doubt it was so. I only know that the witnesses for the prosecution were called first. I repeat I don’t intend to describe all the questions step by step. Besides, my account would be to some extent superfluous, because in the speeches for the prosecution and for the defence the whole course of the evidence was brought together and set in a strong and significant light, and I took down parts of those two remarkable speeches in full, and will quote them in due course, together with one extraordinary and quite unexpected episode, which occurred before the final speeches, and undoubtedly influenced the sinister and fatal outcome of the trial.
I will only observe that from the first moments of the trial one peculiar characteristic of the case was conspicuous and observed by all, that is, the overwhelming strength of the prosecution as compared with the arguments the defence had to rely upon. Everyone realised it from the first moment that the facts began to group themselves round a single point, and the whole horrible and bloody crime was gradually revealed. Everyone, perhaps, felt from the first that the case was beyond dispute, that there was no doubt about it, that there could be really no discussion, and that the defence was only a matter of form, and that the prisoner was guilty, obviously and conclusively guilty. I imagine that even the ladies, who were so impatiently longing for the acquittal of the interesting prisoner, were at the same time, without exception, convinced of his guilt. What’s more, I believe they would have been mortified if his guilt had not been so firmly established, as that would have lessened the effect of the closing scene of the criminal’s acquittal. That he would be acquitted, all the ladies, strange to say, were firmly persuaded up to the very last moment. “He is guilty, but he will be acquitted, from motives of humanity, in accordance with the new ideas, the new sentiments that had come into fashion,” and so on, and so on. And that was why they had crowded into the court so impatiently. The men were more interested in the contest between the prosecutor and the famous Fetyukovitch. All were wondering and asking themselves what could even a talent like Fetyukovitch’s make of such a desperate case; and so they followed his achievements, step by step, with concentrated attention.
Complete Works of Fyodor Dostoyevsky Page 590
