Complete works of fyodor.., p.601
Complete Works of Fyodor Dostoyevsky, page 601
“‘Yes, but Grigory saw the door open and so the prisoner certainly was in the house, therefore he killed him.’ Now about that door, gentlemen of the jury.... Observe that we have only the statement of one witness as to that door, and he was at the time in such a condition, that — but supposing the door was open; supposing the prisoner has lied in denying it, from an instinct of self-defence, natural in his position; supposing he did go into the house — well, what then? How does it follow that because he was there he committed the murder? He might have dashed in, run through the rooms; might have pushed his father away; might have struck him; but as soon as he had made sure Madame Svyetlov was not there, he may have run away rejoicing that she was not there and that he had not killed his father. And it was perhaps just because he had escaped from the temptation to kill his father, because he had a clear conscience and was rejoicing at not having killed him, that he was capable of a pure feeling, the feeling of pity and compassion, and leapt off the fence a minute later to the assistance of Grigory after he had, in his excitement, knocked him down.
“With terrible eloquence the prosecutor has described to us the dreadful state of the prisoner’s mind at Mokroe when love again lay before him calling him to new life, while love was impossible for him because he had his father’s bloodstained corpse behind him and beyond that corpse — retribution. And yet the prosecutor allowed him love, which he explained, according to his method, talking about this drunken condition, about a criminal being taken to execution, about it being still far off, and so on and so on. But again I ask, Mr. Prosecutor, have you not invented a new personality? Is the prisoner so coarse and heartless as to be able to think at that moment of love and of dodges to escape punishment, if his hands were really stained with his father’s blood? No, no, no! As soon as it was made plain to him that she loved him and called him to her side, promising him new happiness, oh! then, I protest he must have felt the impulse to suicide doubled, trebled, and must have killed himself, if he had his father’s murder on his conscience. Oh, no! he would not have forgotten where his pistols lay! I know the prisoner: the savage, stony heartlessness ascribed to him by the prosecutor is inconsistent with his character. He would have killed himself, that’s certain. He did not kill himself just because ‘his mother’s prayers had saved him,’ and he was innocent of his father’s blood. He was troubled, he was grieving that night at Mokroe only about old Grigory and praying to God that the old man would recover, that his blow had not been fatal, and that he would not have to suffer for it. Why not accept such an interpretation of the facts? What trustworthy proof have we that the prisoner is lying?
“But we shall be told at once again, ‘There is his father’s corpse! If he ran away without murdering him, who did murder him?’ Here, I repeat, you have the whole logic of the prosecution. Who murdered him, if not he? There’s no one to put in his place.
“Gentlemen of the jury, is that really so? Is it positively, actually true that there is no one else at all? We’ve heard the prosecutor count on his fingers all the persons who were in that house that night. They were five in number; three of them, I agree, could not have been responsible — the murdered man himself, old Grigory, and his wife. There are left then the prisoner and Smerdyakov, and the prosecutor dramatically exclaims that the prisoner pointed to Smerdyakov because he had no one else to fix on, that had there been a sixth person, even a phantom of a sixth person, he would have abandoned the charge against Smerdyakov at once in shame and have accused that other. But, gentlemen of the jury, why may I not draw the very opposite conclusion? There are two persons — the prisoner and Smerdyakov. Why can I not say that you accuse my client, simply because you have no one else to accuse? And you have no one else only because you have determined to exclude Smerdyakov from all suspicion.
“It’s true, indeed, Smerdyakov is accused only by the prisoner, his two brothers, and Madame Svyetlov. But there are others who accuse him: there are vague rumours of a question, of a suspicion, an obscure report, a feeling of expectation. Finally, we have the evidence of a combination of facts very suggestive, though, I admit, inconclusive. In the first place we have precisely on the day of the catastrophe that fit, for the genuineness of which the prosecutor, for some reason, has felt obliged to make a careful defence. Then Smerdyakov’s sudden suicide on the eve of the trial. Then the equally startling evidence given in court to-day by the elder of the prisoner’s brothers, who had believed in his guilt, but has to-day produced a bundle of notes and proclaimed Smerdyakov as the murderer. Oh, I fully share the court’s and the prosecutor’s conviction that Ivan Karamazov is suffering from brain fever, that his statement may really be a desperate effort, planned in delirium, to save his brother by throwing the guilt on the dead man. But again Smerdyakov’s name is pronounced, again there is a suggestion of mystery. There is something unexplained, incomplete. And perhaps it may one day be explained. But we won’t go into that now. Of that later.
“The court has resolved to go on with the trial, but, meantime, I might make a few remarks about the character-sketch of Smerdyakov drawn with subtlety and talent by the prosecutor. But while I admire his talent I cannot agree with him. I have visited Smerdyakov, I have seen him and talked to him, and he made a very different impression on me. He was weak in health, it is true; but in character, in spirit, he was by no means the weak man the prosecutor has made him out to be. I found in him no trace of the timidity on which the prosecutor so insisted. There was no simplicity about him, either. I found in him, on the contrary, an extreme mistrustfulness concealed under a mask of naivete, and an intelligence of considerable range. The prosecutor was too simple in taking him for weak-minded. He made a very definite impression on me: I left him with the conviction that he was a distinctly spiteful creature, excessively ambitious, vindictive, and intensely envious. I made some inquiries: he resented his parentage, was ashamed of it, and would clench his teeth when he remembered that he was the son of ‘stinking Lizaveta.’ He was disrespectful to the servant Grigory and his wife, who had cared for him in his childhood. He cursed and jeered at Russia. He dreamed of going to France and becoming a Frenchman. He used often to say that he hadn’t the means to do so. I fancy he loved no one but himself and had a strangely high opinion of himself. His conception of culture was limited to good clothes, clean shirt-fronts and polished boots. Believing himself to be the illegitimate son of Fyodor Pavlovitch (there is evidence of this), he might well have resented his position, compared with that of his master’s legitimate sons. They had everything, he nothing. They had all the rights, they had the inheritance, while he was only the cook. He told me himself that he had helped Fyodor Pavlovitch to put the notes in the envelope. The destination of that sum — a sum which would have made his career — must have been hateful to him. Moreover, he saw three thousand roubles in new rainbow-coloured notes. (I asked him about that on purpose.) Oh, beware of showing an ambitious and envious man a large sum of money at once! And it was the first time he had seen so much money in the hands of one man. The sight of the rainbow-coloured notes may have made a morbid impression on his imagination, but with no immediate results.
“The talented prosecutor, with extraordinary subtlety, sketched for us all the arguments for and against the hypothesis of Smerdyakov’s guilt, and asked us in particular what motive he had in feigning a fit. But he may not have been feigning at all, the fit may have happened quite naturally, but it may have passed off quite naturally, and the sick man may have recovered, not completely perhaps, but still regaining consciousness, as happens with epileptics.
“The prosecutor asks at what moment could Smerdyakov have committed the murder. But it is very easy to point out that moment. He might have waked up from deep sleep (for he was only asleep — an epileptic fit is always followed by a deep sleep) at that moment when the old Grigory shouted at the top of his voice ‘Parricide!’ That shout in the dark and stillness may have waked Smerdyakov whose sleep may have been less sound at the moment: he might naturally have waked up an hour before.
“Getting out of bed, he goes almost unconsciously and with no definite motive towards the sound to see what’s the matter. His head is still clouded with his attack, his faculties are half asleep; but, once in the garden, he walks to the lighted windows and he hears terrible news from his master, who would be, of course, glad to see him. His mind sets to work at once. He hears all the details from his frightened master, and gradually in his disordered brain there shapes itself an idea — terrible, but seductive and irresistibly logical. To kill the old man, take the three thousand, and throw all the blame on to his young master. A terrible lust of money, of booty, might seize upon him as he realised his security from detection. Oh! these sudden and irresistible impulses come so often when there is a favourable opportunity, and especially with murderers who have had no idea of committing a murder beforehand. And Smerdyakov may have gone in and carried out his plan. With what weapon? Why, with any stone picked up in the garden. But what for, with what object? Why, the three thousand which means a career for him. Oh, I am not contradicting myself — the money may have existed. And perhaps Smerdyakov alone knew where to find it, where his master kept it. And the covering of the money — the torn envelope on the floor?
“Just now, when the prosecutor was explaining his subtle theory that only an inexperienced thief like Karamazov would have left the envelope on the floor, and not one like Smerdyakov, who would have avoided leaving a piece of evidence against himself, I thought as I listened that I was hearing something very familiar, and, would you believe it, I have heard that very argument, that very conjecture, of how Karamazov would have behaved, precisely two days before, from Smerdyakov himself. What’s more, it struck me at the time. I fancied that there was an artificial simplicity about him; that he was in a hurry to suggest this idea to me that I might fancy it was my own. He insinuated it, as it were. Did he not insinuate the same idea at the inquiry and suggest it to the talented prosecutor?
“I shall be asked, ‘What about the old woman, Grigory’s wife? She heard the sick man moaning close by, all night.’ Yes, she heard it, but that evidence is extremely unreliable. I knew a lady who complained bitterly that she had been kept awake all night by a dog in the yard. Yet the poor beast, it appeared, had only yelped once or twice in the night. And that’s natural. If anyone is asleep and hears a groan he wakes up, annoyed at being waked, but instantly falls asleep again. Two hours later, again a groan, he wakes up and falls asleep again; and the same thing again two hours later — three times altogether in the night. Next morning the sleeper wakes up and complains that someone has been groaning all night and keeping him awake. And it is bound to seem so to him: the intervals of two hours of sleep he does not remember, he only remembers the moments of waking, so he feels he has been waked up all night.
“But why, why, asks the prosecutor, did not Smerdyakov confess in his last letter? Why did his conscience prompt him to one step and not to both? But, excuse me, conscience implies penitence, and the suicide may not have felt penitence, but only despair. Despair and penitence are two very different things. Despair may be vindictive and irreconcilable, and the suicide, laying his hands on himself, may well have felt redoubled hatred for those whom he had envied all his life.
“Gentlemen of the jury, beware of a miscarriage of justice! What is there unlikely in all I have put before you just now? Find the error in my reasoning; find the impossibility, the absurdity. And if there is but a shade of possibility, but a shade of probability in my propositions, do not condemn him. And is there only a shade? I swear by all that is sacred, I fully believe in the explanation of the murder I have just put forward. What troubles me and makes me indignant is that of all the mass of facts heaped up by the prosecution against the prisoner, there is not a single one certain and irrefutable. And yet the unhappy man is to be ruined by the accumulation of these facts. Yes, the accumulated effect is awful: the blood, the blood dripping from his fingers, the bloodstained shirt, the dark night resounding with the shout ‘Parricide!’ and the old man falling with a broken head. And then the mass of phrases, statements, gestures, shouts! Oh! this has so much influence, it can so bias the mind; but, gentlemen of the jury, can it bias your minds? Remember, you have been given absolute power to bind and to loose, but the greater the power, the more terrible its responsibility.
“I do not draw back one iota from what I have said just now, but suppose for one moment I agreed with the prosecution that my luckless client had stained his hands with his father’s blood. This is only hypothesis, I repeat; I never for one instant doubt of his innocence. But, so be it, I assume that my client is guilty of parricide. Even so, hear what I have to say. I have it in my heart to say something more to you, for I feel that there must be a great conflict in your hearts and minds.... Forgive my referring to your hearts and minds, gentlemen of the jury, but I want to be truthful and sincere to the end. Let us all be sincere!”
At this point the speech was interrupted by rather loud applause. The last words, indeed, were pronounced with a note of such sincerity that everyone felt that he really might have something to say, and that what he was about to say would be of the greatest consequence. But the President, hearing the applause, in a loud voice threatened to clear the court if such an incident were repeated. Every sound was hushed and Fetyukovitch began in a voice full of feeling quite unlike the tone he had used hitherto.
CHAPTER 13
A Corrupter of Thought
“IT’S not only the accumulation of facts that threatens my client with ruin, gentlemen of the jury,” he began, “what is really damning for my client is one fact — the dead body of his father. Had it been an ordinary case of murder you would have rejected the charge in view of the triviality, the incompleteness, and the fantastic character of the evidence, if you examine each part of it separately; or, at least, you would have hesitated to ruin a man’s life simply from the prejudice against him which he has, alas! only too well deserved. But it’s not an ordinary case of murder, it’s a case of parricide. That impresses men’s minds, and to such a degree that the very triviality and incompleteness of the evidence becomes less trivial and less incomplete even to an unprejudiced mind. How can such a prisoner be acquitted? What if he committed the murder and gets off unpunished? That is what everyone, almost involuntarily, instinctively, feels at heart.
“Yes, it’s a fearful thing to shed a father’s blood — the father who has begotten me, loved me, not spared his life for me, grieved over my illnesses from childhood up, troubled all his life for my happiness, and has lived in my joys, in my successes. To murder such a father — that’s inconceivable. Gentlemen of the jury, what is a father — a real father? What is the meaning of that great word? What is the great idea in that name? We have just indicated in part what a true father is and what he ought to be. In the case in which we are now so deeply occupied and over which our hearts are aching — in the present case, the father, Fyodor Pavlovitch Karamazov, did not correspond to that conception of a father to which we have just referred. That’s the misfortune. And indeed some fathers are a misfortune. Let us examine this misfortune rather more closely: we must shrink from nothing, gentlemen of the jury, considering the importance of the decision you have to make. It’s our particular duty not to shrink from any idea, like children or frightened women, as the talented prosecutor happily expresses it.
“But in the course of his heated speech my esteemed opponent (and he was my opponent before I opened my lips) exclaimed several times, ‘Oh, I will not yield the defence of the prisoner to the lawyer who has come down from Petersburg. I accuse, but I defend also!’ He exclaimed that several times, but forgot to mention that if this terrible prisoner was for twenty-three years so grateful for a mere pound of nuts given him by the only man who had been kind to him, as a child in his father’s house, might not such a man well have remembered for twenty-three years how he ran in his father’s back-yard, without boots on his feet and with his little trousers hanging by one button’ — to use the expression of the kindhearted doctor, Herzenstube?
“Oh, gentlemen of the jury, why need we look more closely at this misfortune, why repeat what we all know already? What did my client meet with when he arrived here, at his father’s house, and why depict my client as a heartless egoist and monster? He is uncontrolled, he is wild and unruly — we are trying him now for that — but who is responsible for his life? Who is responsible for his having received such an unseemly bringing up, in spite of his excellent disposition and his grateful and sensitive heart? Did anyone train him to be reasonable? Was he enlightened by study? Did anyone love him ever so little in his childhood? My client was left to the care of Providence like a beast of the field. He thirsted perhaps to see his father after long years of separation. A thousand times perhaps he may, recalling his childhood, have driven away the loathsome phantoms that haunted his childish dreams and with all his heart he may have longed to embrace and to forgive his father! And what awaited him? He was met by cynical taunts, suspicions and wrangling about money. He heard nothing but revolting talk and vicious precepts uttered daily over the brandy, and at last he saw his father seducing his mistress from him with his own money. Oh, gentlemen of the jury, that was cruel and revolting! And that old man was always complaining of the disrespect and cruelty of his son. He slandered him in society, injured him, calumniated him, bought up his unpaid debts to get him thrown into prison.
“Gentlemen of the jury, people like my client, who are fierce, unruly, and uncontrolled on the surface, are sometimes, most frequently indeed, exceedingly tender-hearted, only they don’t express it. Don’t laugh, don’t laugh at my idea! The talented prosecutor laughed mercilessly just now at my client for loving Schiller — loving the sublime and beautiful! I should not have laughed at that in his place. Yes, such natures — oh, let me speak in defence of such natures, so often and so cruelly misunderstood — these natures often thirst for tenderness, goodness, and justice, as it were, in contrast to themselves, their unruliness, their ferocity — they thirst for it unconsciously. Passionate and fierce on the surface, they are painfully capable of loving woman, for instance, and with a spiritual and elevated love. Again do not laugh at me, this is very often the case in such natures. But they cannot hide their passions — sometimes very coarse — and that is conspicuous and is noticed, but the inner man is unseen. Their passions are quickly exhausted; but, by the side of a noble and lofty creature that seemingly coarse and rough man seeks a new life, seeks to correct himself, to be better, to become noble and honourable, ‘sublime and beautiful,’ however much the expression has been ridiculed.
