by Franz Kafka
The judge, however, paid no attention to that but sat very comfortably on his chair and, after saying a few words to close his discussion with the man behind him, reached for a little note book, the only item on his desk. It was like an old school exercise book and had become quite misshapen from much thumbing. “Now then,” said the judge, thumbing through the book. He turned to K. with the tone of someone who knows his facts and said, “you are a house painter?” “No,” said K., “I am the chief clerk in a large bank.” This reply was followed by laughter among the right hand faction down in the hall, it was so hearty that K. couldn’t stop himself joining in with it. The people supported themselves with their hands on their knees and shook as if suffering a serious attack of coughing. Even some of those in the gallery were laughing. The judge had become quite cross but seemed to have no power over those below him in the hall, he tried to reduce what harm had been done in the gallery and jumped up threatening them, his eyebrows, until then hardly remarkable, pushed themselves up and became big, black and bushy over his eyes.
The left hand side of the hall was still quiet, though, the people stood there in rows with their faces looking towards the podium listening to what was being said there, they observed the noise from the other side of the hall with the same quietness and even allowed some individuals from their own ranks, here and there, to go forward into the other faction. The people in the left faction were not only fewer in number than the right but probably were no more important than them, although their behaviour was calmer and that made it seem like they were. When K. now began to speak he was convinced he was doing it in the same way as them.
“Your question, My Lord, as to whether I am a house painter - in fact even more than that, you did not ask at all but merely imposed it on me - is symptomatic of the whole way these proceedings against me are being carried out. Perhaps you will object that there are no proceedings against me. You will be quite right, as there are proceedings only if I acknowledge that there are. But, for the moment, I do acknowledge it, out of pity for yourselves to a large extent. It’s impossible not to observe all this business without feeling pity. I don’t say things are being done without due care but I would like to make it clear that it is I who make the acknowledgement.”
K. stopped speaking and looked down into the hall. He had spoken sharply, more sharply than he had intended, but he had been quite right. It should have been rewarded with some applause here and there but everything was quiet, they were all clearly waiting for what would follow, perhaps the quietness was laying the ground for an outbreak of activity that would bring this whole affair to an end. It was somewhat disturbing that just then the door at the end of the hall opened, the young washerwoman, who seemed to have finished her work, came in and, despite all her caution, attracted the attention of some of the people there. It was only the judge who gave K. any direct pleasure, as he seemed to have been immediately struck by K.’s words. Until then, he had listened to him standing, as K.’s speech had taken him by surprise while he was directing his attention to the gallery. Now, in the pause, he sat down very slowly, as if he did not want anyone to notice. He took out the notebook again, probably so that he could give the impression of being calmer.
“That won’t help you, sir, “ continued K., “even your little book will only confirm what I say.” K. was satisfied to hear nothing but his own quiet words in this room full of strangers, and he even dared casually to pick up the examining judge’s notebook and, touching it only with the tips of his fingers as if it were something revolting, lifted it in the air, holding it just by one of the middle pages so that the others on each side of it, closely written, blotted and yellowing, flapped down. “Those are the official notes of the examining judge,” he said, and let the notebook fall down onto the desk. “You can read in your book as much as you like, sir, I really don’t have anything in this charge book to be afraid of, even though I don’t have access to it as I wouldn’t want it in my hand, I can only touch it with two fingers.” The judge grabbed the notebook from where it had fallen on the desk - which could only have been a sign of his deep humiliation, or at least that is how it must have been perceived - tried to tidy it up a little, and held it once more in front of himself in order to read from it.
The people in the front row looked up at him, showing such tension on their faces that he looked back down at them for some time. Every one of them was an old man, some of them with white beards. Could they perhaps be the crucial group who could turn the whole assembly one way or the other? They had sunk into a state of motionlessness while K. gave his oration, and it had not been possible to raise them from this passivity even when the judge was being humiliated. “What has happened to me,” continued K., with less of the vigour he had had earlier, he continually scanned the faces in the first row, and this gave his address a somewhat nervous and distracted character, “what has happened to me is not just an isolated case. If it were it would not be of much importance as it’s not of much importance to me, but it is a symptom of proceedings which are carried out against many. It’s on behalf of them that I stand here now, not for myself alone.”
Without having intended it, he had raised his voice. Somewhere in the hall, someone raised his hands and applauded him shouting, “Bravo! Why not then? Bravo! Again I say, Bravo!” Some of the men in the first row groped around in their beards, none of them looked round to see who was shouting. Not even K. thought him of any importance but it did raise his spirits; he no longer thought it at all necessary that all of those in the hall should applaud him, it was enough if the majority of them began to think about the matter and if only one of them, now and then, was persuaded.
“I’m not trying to be a successful orator,” said K. after this thought, “that’s probably more than I’m capable of anyway. I’m sure the examining judge can speak far better than I can, it is part of his job after all. All that I want is a public discussion of a public wrong. Listen: ten days ago I was placed under arrest, the arrest itself is something I laugh about but that’s beside the point. They came for me in the morning when I was still in bed. Maybe the order had been given to arrest some house painter - that seems possible after what the judge has said - someone who is as innocent as I am, but it was me they chose. There were two police thugs occupying the next room. They could not have taken better precautions if I had been a dangerous robber. And these policemen were unprincipled riff-raff, they talked at me till I was sick of it, they wanted bribes, they wanted to trick me into giving them my clothes, they wanted money, supposedly so that they could bring me my breakfast after they had blatantly eaten my own breakfast in front of my eyes. And even that was not enough. I was led in front of the supervisor in another room. This was the room of a lady who I have a lot of respect for, and I was forced to look on while the supervisor and the policemen made quite a mess of this room because of me, although not through any fault of mine. It was not easy to stay calm, but I managed to do so and was completely calm when I asked the supervisor why it was that I was under arrest. If he were here he would have to confirm what I say. I can see him now, sitting on the chair belonging to that lady I mentioned - a picture of dull-witted arrogance. What do you think he answered? What he told me, gentlemen, was basically nothing at all; perhaps he really did know nothing, he had placed me under arrest and was satisfied. In fact he had done more than that and brought three junior employees from the bank where I work into the lady’s room; they had made themselves busy interfering with some photographs that belonged to the lady and causing a mess. There was, of course, another reason for bringing these employees; they, just like my landlady and her maid, were expected to spread the news of my arrest and damage my public reputation and in particular to remove me from my position at the bank. Well they didn’t succeed in any of that, not in the slightest, even my landlady, who is quite a simple person - and I will give you here her name in full respect, her name is Mrs. Grubach - even Mrs. Grubach was understanding enough to see that an arrest like thi
s has no more significance than an attack carried out on the street by some youths who are not kept under proper control. I repeat, this whole affair has caused me nothing but unpleasantness and temporary irritation, but could it not also have had some far worse consequences?”
K. broke off here and looked at the judge, who said nothing. As he did so he thought he saw the judge use a movement of his eyes to give a sign to someone in the crowd. K. smiled and said, “And now the judge, right next to me, is giving a secret sign to someone among you. There seems to be someone among you who is taking directions from above. I don’t know whether the sign is meant to produce booing or applause, but I’ll resist trying to guess what its meaning is too soon. It really doesn’t matter to me, and I give his lordship the judge my full and public permission to stop giving secret signs to his paid subordinate down there and give his orders in words instead; let him just say “Boo now!,” and then the next time “Clap now!”.
Whether it was embarrassment or impatience, the judge rocked backwards and forwards on his seat. The man behind him, whom he had been talking with earlier, leant forward again, either to give him a few general words of encouragement or some specific piece of advice. Below them in the hall the people talked to each other quietly but animatedly. The two factions had earlier seemed to hold views strongly opposed to each other but now they began to intermingle, a few individuals pointed up at K., others pointed at the judge. The air in the room was fuggy and extremely oppressive, those who were standing furthest away could hardly even be seen through it. It must have been especially troublesome for those visitors who were in the gallery, as they were forced to quietly ask the participants in the assembly what exactly was happening, albeit with timid glances at the judge. The replies they received were just as quiet, and given behind the protection of a raised hand.
“I have nearly finished what I have to say,” said K., and as there was no bell available he struck the desk with his fist in a way that startled the judge and his advisor and made them look up from each other. “Non of this concerns me, and I am therefore able to make a calm assessment of it, and, assuming that this so-called court is of any real importance, it will be very much to your advantage to listen to what I have to say. If you want to discuss what I say, please don’t bother to write it down until later on, I don’t have any time to waste and I’ll soon be leaving.”
There was immediate silence, which showed how well K. was in control of the crowd. There were no shouts among them as there had been at the start, no-one even applauded, but if they weren’t already persuaded they seemed very close to it.
K was pleased at the tension among all the people there as they listened to him, a rustling rose from the silence which was more invigorating than the most ecstatic applause could have been. “There is no doubt,” he said quietly, “that there is some enormous organisation determining what is said by this court. In my case this includes my arrest and the examination taking place here today, an organisation that employs policemen who can be bribed, oafish supervisors and judges of whom nothing better can be said than that they are not as arrogant as some others. This organisation even maintains a high-level judiciary along with its train of countless servants, scribes, policemen and all the other assistance that it needs, perhaps even executioners and torturers - I’m not afraid of using those words. And what, gentlemen, is the purpose of this enormous organisation? Its purpose is to arrest innocent people and wage pointless prosecutions against them which, as in my case, lead to no result. How are we to avoid those in office becoming deeply corrupt when everything is devoid of meaning? That is impossible, not even the highest judge would be able to achieve that for himself. That is why policemen try to steal the clothes off the back of those they arrest, that is why supervisors break into the homes of people they do not know, that is why innocent people are humiliated in front of crowds rather than being given a proper trial. The policemen only talked about the warehouses where they put the property of those they arrest, I would like to see these warehouses where the hard won possessions of people under arrest is left to decay, if, that is, it’s not stolen by the thieving hands of the warehouse workers.”
K. was interrupted by a screeching from the far end of the hall, he shaded his eyes to see that far, as the dull light of day made the smoke whitish and hard to see through. It was the washerwoman whom K. had recognised as a likely source of disturbance as soon as she had entered. It was hard to see now whether it was her fault or not. K. could only see that a man had pulled her into a corner by the door and was pressing himself against her. But it was not her who was screaming, but the man, he had opened his mouth wide and looked up at the ceiling. A small circle had formed around the two of them, the visitors near him in the gallery seemed delighted that the serious tone K. had introduced into the gathering had been disturbed in this way. K.’s first thought was to run over there, and he also thought that everyone would want to bring things back into order there or at least to make the pair leave the room, but the first row of people in from of him stayed were they were, no-one moved and no-one let K. through. On the contrary, they stood in his way, old men held out their arms in front of him and a hand from somewhere - he did not have the time to turn round - took hold of his collar. K., by this time, had forgotten about the pair, it seemed to him that his freedom was being limited as if his arrest was being taken seriously, and, without any thought for what he was doing, he jumped down from the podium. Now he stood face to face with the crowd. Had he judged the people properly? Had he put too much faith in the effect of his speech? Had they been putting up a pretence all the time he had been speaking, and now that he come to the end and to what must follow, were they tired of pretending? What faces they were, all around him! Dark, little eyes flickered here and there, cheeks drooped down like on drunken men, their long beards were thin and stiff, if they took hold of them it was more like they were making their hands into claws, not as if they were taking hold of their own beards. But underneath those beards - and this was the real discovery made by K. - there were badges of various sizes and colours shining on the collars of their coats. As far as he could see, every one of them was wearing one of these badges. All of them belonged to the same group, even though they seemed to be divided to the right and the left of him, and when he suddenly turned round he saw the same badge on the collar of the examining judge who calmly looked down at him with his hands in his lap. “So,” called out K, throwing his arms in the air as if this sudden realisation needed more room, “all of you are working for this organisation, I see now that you are all the very bunch of cheats and liars I’ve just been speaking about, you’ve all pressed yourselves in here in order to listen in and snoop on me, you gave the impression of having formed into factions, one of you even applauded me to test me out, and you wanted to learn how to trap an innocent man! Well, I hope you haven’t come here for nothing, I hope you’ve either had some fun from someone who expected you to defend his innocence or else - let go of me or I’ll hit you,” shouted K. to a quivery old man who had pressed himself especially close to him - “or else that you’ve actually learned something. And so I wish you good luck in your trade.” He briskly took his hat from where it lay on the edge of the table and, surrounded by a silence caused perhaps by the completeness of their surprise, pushed his way to the exit. However, the examining judge seems to have moved even more quickly than K., as he was waiting for him at the doorway. “One moment,” he said. K. stood where he was, but looked at the door with his hand already on its handle rather than at the judge. “I merely wanted to draw your attention, “ said the judge, “to something you seem not yet to be aware of: today, you have robbed yourself of the advantages that a hearing of this sort always gives to someone who is under arrest.” K. laughed towards the door. “You bunch of louts,” he called, “you can keep all your hearings as a present from me,” then opened the door and hurried down the steps. Behind him, the noise of the assembly rose as it became lively once more and probably began to
discuss these events as if making a scientific study of them.
Chapter Three
In the empty Courtroom - The Student - The Offices
Every day over the following week, K. expected another summons to arrive, he could not believe that his rejection of any more hearings had been taken literally, and when the expected summons really had not come by Saturday evening he took it to mean that he was expected, without being told, to appear at the same place at the same time. So on Sunday, he set out once more in the same direction, going without hesitation up the steps and through the corridors; some of the people remembered him and greeted him from their doorways, but he no longer needed to ask anyone the way and soon arrived at the right door. It was opened as soon as he knocked and, paying no attention to the woman he had seen last time who was standing at the doorway, he was about to go straight into the adjoining room when she said to him “There’s no session today”. “What do you mean; no session?” he asked, unable to believe it. But the woman persuaded him by opening the door to the next room. It was indeed empty, and looked even more dismal empty than it had the previous Sunday. On the podium stood the table exactly as it had been before with a few books laying on it. “Can I have a look at those books?” asked K., not because he was especially curious but so that he would not have come for nothing. “No,” said the woman as she re-closed the door, “that’s not allowed. Those books belong to the examining judge.” “I see,” said K., and nodded, “those books must be law books, and that’s how this court does things, not only to try people who are innocent but even to try them without letting them know what’s going on.” “I expect you’re right,” said the woman, who had not understood exactly what he meant. “I’d better go away again, then,” said K.
