"But I shall be told that he shammed illness on purpose that he might not be suspected and that he told the prisoner of the money and the signals to tempt him to commit the murder, and when he had murdered him and had gone away with the money, making a noise, most likely, and waking people, Smerdyakov got up, am I to believe, and went in—what for? To murder his master a second time and carry off the money that had already been stolen? Gentlemen, are you laughing? I am ashamed to put forward such suggestions, but, incredible as it seems, that's just what the prisoner alleges. When he had left the house, had knocked Grigory down and raised an alarm, he tells us Smerdyakov got up, went in and murdered his master and stole the money! I won't press the point that Smerdyakov could hardly have reckoned on this beforehand, and have foreseen that the furious and exasperated son would simply come to peep in respectfully, though he knew the signals, and beat a retreat, leaving Smerdyakov his booty. Gentlemen of the jury, I put this question to you in earnest; when was the moment when Smerdyakov could have committed his crime? Name that moment, or you can't accuse him.


"But, perhaps, the fit was a real one, the sick man suddenly recovered, heard a shout, and went out. Well—what then? He looked about him and said, 'Why not go and kill the master?' And how did he know what had happened, since he had been lying unconscious till that moment? But there's a limit to these flights of fancy.


" 'Quite so,' some astute people will tell me, 'but what if they were in agreement? What if they murdered him together and shared the money—what then?' A weighty question, truly! And the facts to confirm it are astounding. One commits the murder and takes all the trouble while his accomplice lies on one side shamming a fit, apparently to arouse suspicion in every one, alarm in his master and alarm in Grigory. It would be interesting to know what motives could have induced the two accomplices to form such an insane plan.


"But perhaps it was not a case of active complicity on Smerdyakov's part, but only of passive acquiescence; perhaps Smerdyakov was intimidated and agreed not to prevent the murder, and foreseeing that he would be blamed for letting his master be murdered, without screaming for help or resisting, he may have obtained permission from Dmitri Karamazov to get out of the way by shamming a fit—'you may murder him as you like; it's nothing to me.' But as this attack of Smerdyakov's was bound to throw the household into confusion, Dmitri Karamazov could never have agreed to such a plan. I will waive that point however. Supposing that he did agree, it would still follow that Dmitri Karamazov is the murderer and the instigator, and Smerdyakov is only a passive accomplice, and not even an accomplice, but merely acquiesced against his will through terror.


"But what do we see? As soon as he is arrested the prisoner instantly throws all the blame on Smerdyakov, not accusing him of being his accomplice, but of being himself the murderer. 'He did it alone,' he says. 'He murdered and robbed him. It was the work of his hands.' Strange sort of accomplices who begin to accuse one another at once! And think of the risk for Karamazov. After committing the murder while his accomplice lay in bed, he throws the blame on the invalid, who might well have resented it and in self‐preservation might well have confessed the truth. For he might well have seen that the court would at once judge how far he was responsible, and so he might well have reckoned that if he were punished, it would be far less severely than the real murderer. But in that case he would have been certain to make a confession, yet he has not done so. Smerdyakov never hinted at their complicity, though the actual murderer persisted in accusing him and declaring that he had committed the crime alone.


"What's more, Smerdyakov at the inquiry volunteered the statement that it was he who had told the prisoner of the envelope of notes and of the signals, and that, but for him, he would have known nothing about them. If he had really been a guilty accomplice, would he so readily have made this statement at the inquiry? On the contrary, he would have tried to conceal it, to distort the facts or minimize them. But he was far from distorting or minimizing them. No one but an innocent man, who had no fear of being charged with complicity, could have acted as he did. And in a fit of melancholy arising from his disease and this catastrophe he hanged himself yesterday. He left a note written in his peculiar language, 'I destroy myself of my own will and inclination so as to throw no blame on any one.' What would it have cost him to add: 'I am the murderer, not Karamazov'? But that he did not add. Did his conscience lead him to suicide and not to avowing his guilt?


"And what followed? Notes for three thousand roubles were brought into the court just now, and we were told that they were the same that lay in the envelope now on the table before us, and that the witness had received them from Smerdyakov the day before. But I need not recall the painful scene, though I will make one or two comments, selecting such trivial ones as might not be obvious at first sight to every one, and so may be overlooked. In the first place, Smerdyakov must have given back the money and hanged himself yesterday from remorse. And only yesterday he confessed his guilt to Ivan Karamazov, as the latter informs us. If it were not so, indeed, why should Ivan Fyodorovitch have kept silence till now? And so, if he has confessed, then why, I ask again, did he not avow the whole truth in the last letter he left behind, knowing that the innocent prisoner had to face this terrible ordeal the next day?


"The money alone is no proof. A week ago, quite by chance, the fact came to the knowledge of myself and two other persons in this court that Ivan Fyodorovitch had sent two five per cent. coupons of five thousand each—that is, ten thousand in all—to the chief town of the province to be changed. I only mention this to point out that any one may have money, and that it can't be proved that these notes are the same as were in Fyodor Pavlovitch's envelope.


"Ivan Karamazov, after receiving yesterday a communication of such importance from the real murderer, did not stir. Why didn't he report it at once? Why did he put it all off till morning? I think I have a right to conjecture why. His health had been giving way for a week past: he had admitted to a doctor and to his most intimate friends that he was suffering from hallucinations and seeing phantoms of the dead: he was on the eve of the attack of brain fever by which he has been stricken down to‐day. In this condition he suddenly heard of Smerdyakov's death, and at once reflected, 'The man is dead, I can throw the blame on him and save my brother. I have money. I will take a roll of notes and say that Smerdyakov gave them me before his death.' You will say that was dishonorable: it's dishonorable to slander even the dead, and even to save a brother. True, but what if he slandered him unconsciously? What if, finally unhinged by the sudden news of the valet's death, he imagined it really was so? You saw the recent scene: you have seen the witness's condition. He was standing up and was speaking, but where was his mind?


"Then followed the document, the prisoner's letter written two days before the crime, and containing a complete program of the murder. Why, then, are we looking for any other program? The crime was committed precisely according to this program, and by no other than the writer of it. Yes, gentlemen of the jury, it went off without a hitch! He did not run respectfully and timidly away from his father's window, though he was firmly convinced that the object of his affections was with him. No, that is absurd and unlikely! He went in and murdered him. Most likely he killed him in anger, burning with resentment, as soon as he looked on his hated rival. But having killed him, probably with one blow of the brass pestle, and having convinced himself, after careful search, that she was not there, he did not, however, forget to put his hand under the pillow and take out the envelope, the torn cover of which lies now on the table before us.


"I mention this fact that you may note one, to my thinking, very characteristic circumstance. Had he been an experienced murderer and had he committed the murder for the sake of gain only, would he have left the torn envelope on the floor as it was found, beside the corpse? Had it been Smerdyakov, for instance, murdering his master to rob him, he would have simply carried away the envelope with him, without troubling himself to open it over his victim's corpse, for he would have known for certain that the notes were in the envelope—they had been put in and sealed up in his presence—and had he taken the envelope with him, no one would ever have known of the robbery. I ask you, gentlemen, would Smerdyakov have behaved in that way? Would he have left the envelope on the floor?


"No, this was the action of a frantic murderer, a murderer who was not a thief and had never stolen before that day, who snatched the notes from under the pillow, not like a thief stealing them, but as though seizing his own property from the thief who had stolen it. For that was the idea which had become almost an insane obsession in Dmitri Karamazov in regard to that money. And pouncing upon the envelope, which he had never seen before, he tore it open to make sure whether the money was in it, and ran away with the money in his pocket, even forgetting to consider that he had left an astounding piece of evidence against himself in that torn envelope on the floor. All because it was Karamazov, not Smerdyakov, he didn't think, he didn't reflect, and how should he? He ran away; he heard behind him the servant cry out; the old man caught him, stopped him and was felled to the ground by the brass pestle.


"The prisoner, moved by pity, leapt down to look at him. Would you believe it, he tells us that he leapt down out of pity, out of compassion, to see whether he could do anything for him. Was that a moment to show compassion? No; he jumped down simply to make certain whether the only witness of his crime were dead or alive. Any other feeling, any other motive would be unnatural. Note that he took trouble over Grigory, wiped his head with his handkerchief and, convincing himself he was dead, he ran to the house of his mistress, dazed and covered with blood. How was it he never thought that he was covered with blood and would be at once detected? But the prisoner himself assures us that he did not even notice that he was covered with blood. That may be believed, that is very possible, that always happens at such moments with criminals. On one point they will show diabolical cunning, while another will escape them altogether. But he was thinking at that moment of one thing only—where was she? He wanted to find out at once where she was, so he ran to her lodging and learnt an unexpected and astounding piece of news—she had gone off to Mokroe to meet her first lover."


Chapter IX. The Galloping Troika. The End Of The Prosecutor's Speech.


Ippolit Kirillovitch had chosen the historical method of exposition, beloved by all nervous orators, who find in its limitation a check on their own eager rhetoric. At this moment in his speech he went off into a dissertation on Grushenka's "first lover," and brought forward several interesting thoughts on this theme.


"Karamazov, who had been frantically jealous of every one, collapsed, so to speak, and effaced himself at once before this first lover. What makes it all the more strange is that he seems to have hardly thought of this formidable rival. But he had looked upon him as a remote danger, and Karamazov always lives in the present. Possibly he regarded him as a fiction. But his wounded heart grasped instantly that the woman had been concealing this new rival and deceiving him, because he was anything but a fiction to her, because he was the one hope of her life. Grasping this instantly, he resigned himself.


"Gentlemen of the jury, I cannot help dwelling on this unexpected trait in the prisoner's character. He suddenly evinces an irresistible desire for justice, a respect for woman and a recognition of her right to love. And all this at the very moment when he had stained his hands with his father's blood for her sake! It is true that the blood he had shed was already crying out for vengeance, for, after having ruined his soul and his life in this world, he was forced to ask himself at that same instant what he was and what he could be now to her, to that being, dearer to him than his own soul, in comparison with that former lover who had returned penitent, with new love, to the woman he had once betrayed, with honorable offers, with the promise of a reformed and happy life. And he, luckless man, what could he give her now, what could he offer her?


"Karamazov felt all this, knew that all ways were barred to him by his crime and that he was a criminal under sentence, and not a man with life before him! This thought crushed him. And so he instantly flew to one frantic plan, which, to a man of Karamazov's character, must have appeared the one inevitable way out of his terrible position. That way out was suicide. He ran for the pistols he had left in pledge with his friend Perhotin and on the way, as he ran, he pulled out of his pocket the money, for the sake of which he had stained his hands with his father's gore. Oh, now he needed money more than ever. Karamazov would die, Karamazov would shoot himself and it should be remembered! To be sure, he was a poet and had burnt the candle at both ends all his life. 'To her, to her! and there, oh, there I will give a feast to the whole world, such as never was before, that will be remembered and talked of long after! In the midst of shouts of wild merriment, reckless gypsy songs and dances I shall raise the glass and drink to the woman I adore and her new‐found happiness! And then, on the spot, at her feet, I shall dash out my brains before her and punish myself! She will remember Mitya Karamazov sometimes, she will see how Mitya loved her, she will feel for Mitya!'


"Here we see in excess a love of effect, a romantic despair and sentimentality, and the wild recklessness of the Karamazovs. Yes, but there is something else, gentlemen of the jury, something that cries out in the soul, throbs incessantly in the mind, and poisons the heart unto death—that something is conscience, gentlemen of the jury, its judgment, its terrible torments! The pistol will settle everything, the pistol is the only way out! But beyond—I don't know whether Karamazov wondered at that moment 'What lies beyond,' and whether Karamazov could, like Hamlet, wonder 'What lies beyond.' No, gentlemen of the jury, they have their Hamlets, but we still have our Karamazovs!"


Here Ippolit Kirillovitch drew a minute picture of Mitya's preparations, the scene at Perhotin's, at the shop, with the drivers. He quoted numerous words and actions, confirmed by witnesses, and the picture made a terrible impression on the audience. The guilt of this harassed and desperate man stood out clear and convincing, when the facts were brought together.


"What need had he of precaution? Two or three times he almost confessed, hinted at it, all but spoke out." (Then followed the evidence given by witnesses.) "He even cried out to the peasant who drove him, 'Do you know, you are driving a murderer!' But it was impossible for him to speak out, he had to get to Mokroe and there to finish his romance. But what was awaiting the luckless man? Almost from the first minute at Mokroe he saw that his invincible rival was perhaps by no means so invincible, that the toast to their new‐found happiness was not desired and would not be acceptable. But you know the facts, gentlemen of the jury, from the preliminary inquiry. Karamazov's triumph over his rival was complete and his soul passed into quite a new phase, perhaps the most terrible phase through which his soul has passed or will pass.


"One may say with certainty, gentlemen of the jury," the prosecutor continued, "that outraged nature and the criminal heart bring their own vengeance more completely than any earthly justice. What's more, justice and punishment on earth positively alleviate the punishment of nature and are, indeed, essential to the soul of the criminal at such moments, as its salvation from despair. For I cannot imagine the horror and moral suffering of Karamazov when he learnt that she loved him, that for his sake she had rejected her first lover, that she was summoning him, Mitya, to a new life, that she was promising him happiness—and when? When everything was over for him and nothing was possible!


"By the way, I will note in parenthesis a point of importance for the light it throws on the prisoner's position at the moment. This woman, this love of his, had been till the last moment, till the very instant of his arrest, a being unattainable, passionately desired by him but unattainable. Yet why did he not shoot himself then, why did he relinquish his design and even forget where his pistol was? It was just that passionate desire for love and the hope of satisfying it that restrained him. Throughout their revels he kept close to his adored mistress, who was at the banquet with him and was more charming and fascinating to him than ever—he did not leave her side, abasing himself in his homage before her.


"His passion might well, for a moment, stifle not only the fear of arrest, but even the torments of conscience. For a moment, oh, only for a moment! I can picture the state of mind of the criminal hopelessly enslaved by these influences—first, the influence of drink, of noise and excitement, of the thud of the dance and the scream of the song, and of her, flushed with wine, singing and dancing and laughing to him! Secondly, the hope in the background that the fatal end might still be far off, that not till next morning, at least, they would come and take him. So he had a few hours and that's much, very much! In a few hours one can think of many things. I imagine that he felt something like what criminals feel when they are being taken to the scaffold. They have another long, long street to pass down and at walking pace, past thousands of people. Then there will be a turning into another street and only at the end of that street the dread place of execution! I fancy that at the beginning of the journey the condemned man, sitting on his shameful cart, must feel that he has infinite life still before him. The houses recede, the cart moves on—oh, that's nothing, it's still far to the turning into the second street and he still looks boldly to right and to left at those thousands of callously curious people with their eyes fixed on him, and he still fancies that he is just such a man as they. But now the turning comes to the next street. Oh, that's nothing, nothing, there's still a whole street before him, and however many houses have been passed, he will still think there are many left. And so to the very end, to the very scaffold.


"This I imagine is how it was with Karamazov then. 'They've not had time yet,' he must have thought, 'I may still find some way out, oh, there's still time to make some plan of defense, and now, now—she is so fascinating!'


"His soul was full of confusion and dread, but he managed, however, to put aside half his money and hide it somewhere—I cannot otherwise explain the disappearance of quite half of the three thousand he had just taken from his father's pillow. He had been in Mokroe more than once before, he had caroused there for two days together already, he knew the old big house with all its passages and outbuildings. I imagine that part of the money was hidden in that house, not long before the arrest, in some crevice, under some floor, in some corner, under the roof. With what object? I shall be asked. Why, the catastrophe may take place at once, of course; he hadn't yet considered how to meet it, he hadn't the time, his head was throbbing and his heart was with her, but money—money was indispensable in any case! With money a man is always a man. Perhaps such foresight at such a moment may strike you as unnatural? But he assures us himself that a month before, at a critical and exciting moment, he had halved his money and sewn it up in a little bag. And though that was not true, as we shall prove directly, it shows the idea was a familiar one to Karamazov, he had contemplated it. What's more, when he declared at the inquiry that he had put fifteen hundred roubles in a bag (which never existed) he may have invented that little bag on the inspiration of the moment, because he had two hours before divided his money and hidden half of it at Mokroe till morning, in case of emergency, simply not to have it on himself. Two extremes, gentlemen of the jury, remember that Karamazov can contemplate two extremes and both at once.


"We have looked in the house, but we haven't found the money. It may still be there or it may have disappeared next day and be in the prisoner's hands now. In any case he was at her side, on his knees before her, she was lying on the bed, he had his hands stretched out to her and he had so entirely forgotten everything that he did not even hear the men coming to arrest him. He hadn't time to prepare any line of defense in his mind. He was caught unawares and confronted with his judges, the arbiters of his destiny.


"Gentlemen of the jury, there are moments in the execution of our duties when it is terrible for us to face a man, terrible on his account, too! The moments of contemplating that animal fear, when the criminal sees that all is lost, but still struggles, still means to struggle, the moments when every instinct of self‐preservation rises up in him at once and he looks at you with questioning and suffering eyes, studies you, your face, your thoughts, uncertain on which side you will strike, and his distracted mind frames thousands of plans in an instant, but he is still afraid to speak, afraid of giving himself away! This purgatory of the spirit, this animal thirst for self‐preservation, these humiliating moments of the human soul, are awful, and sometimes arouse horror and compassion for the criminal even in the lawyer. And this was what we all witnessed then.


"At first he was thunderstruck and in his terror dropped some very compromising phrases. 'Blood! I've deserved it!' But he quickly restrained himself. He had not prepared what he was to say, what answer he was to make, he had nothing but a bare denial ready. 'I am not guilty of my father's death.' That was his fence for the moment and behind it he hoped to throw up a barricade of some sort. His first compromising exclamations he hastened to explain by declaring that he was responsible for the death of the servant Grigory only. 'Of that bloodshed I am guilty, but who has killed my father, gentlemen, who has killed him? Who can have killed him, if not I?' Do you hear, he asked us that, us, who had come to ask him that question! Do you hear that phrase uttered with such premature haste—'if not I'—the animal cunning, the naïveté, the Karamazov impatience of it? 'I didn't kill him and you mustn't think I did! I wanted to kill him, gentlemen, I wanted to kill him,' he hastens to admit (he was in a hurry, in a terrible hurry), 'but still I am not guilty, it is not I murdered him.' He concedes to us that he wanted to murder him, as though to say, you can see for yourselves how truthful I am, so you'll believe all the sooner that I didn't murder him. Oh, in such cases the criminal is often amazingly shallow and credulous.


"At that point one of the lawyers asked him, as it were incidentally, the most simple question, 'Wasn't it Smerdyakov killed him?' Then, as we expected, he was horribly angry at our having anticipated him and caught him unawares, before he had time to pave the way to choose and snatch the moment when it would be most natural to bring in Smerdyakov's name. He rushed at once to the other extreme, as he always does, and began to assure us that Smerdyakov could not have killed him, was not capable of it. But don't believe him, that was only his cunning; he didn't really give up the idea of Smerdyakov; on the contrary, he meant to bring him forward again; for, indeed, he had no one else to bring forward, but he would do that later, because for the moment that line was spoiled for him. He would bring him forward perhaps next day, or even a few days later, choosing an opportunity to cry out to us, 'You know I was more skeptical about Smerdyakov than you, you remember that yourselves, but now I am convinced. He killed him, he must have done!' And for the present he falls back upon a gloomy and irritable denial. Impatience and anger prompted him, however, to the most inept and incredible explanation of how he looked into his father's window and how he respectfully withdrew. The worst of it was that he was unaware of the position of affairs, of the evidence given by Grigory.


"We proceeded to search him. The search angered, but encouraged him, the whole three thousand had not been found on him, only half of it. And no doubt only at that moment of angry silence, the fiction of the little bag first occurred to him. No doubt he was conscious himself of the improbability of the story and strove painfully to make it sound more likely, to weave it into a romance that would sound plausible. In such cases the first duty, the chief task of the investigating lawyers, is to prevent the criminal being prepared, to pounce upon him unexpectedly so that he may blurt out his cherished ideas in all their simplicity, improbability and inconsistency. The criminal can only be made to speak by the sudden and apparently incidental communication of some new fact, of some circumstance of great importance in the case, of which he had no previous idea and could not have foreseen. We had such a fact in readiness—that was Grigory's evidence about the open door through which the prisoner had run out. He had completely forgotten about that door and had not even suspected that Grigory could have seen it.


"The effect of it was amazing. He leapt up and shouted to us, 'Then Smerdyakov murdered him, it was Smerdyakov!' and so betrayed the basis of the defense he was keeping back, and betrayed it in its most improbable shape, for Smerdyakov could only have committed the murder after he had knocked Grigory down and run away. When we told him that Grigory saw the door was open before he fell down, and had heard Smerdyakov behind the screen as he came out of his bedroom—Karamazov was positively crushed. My esteemed and witty colleague, Nikolay Parfenovitch, told me afterwards that he was almost moved to tears at the sight of him. And to improve matters, the prisoner hastened to tell us about the much‐talked‐of little bag—so be it, you shall hear this romance!


"Gentlemen of the jury, I have told you already why I consider this romance not only an absurdity, but the most improbable invention that could have been brought forward in the circumstances. If one tried for a bet to invent the most unlikely story, one could hardly find anything more incredible. The worst of such stories is that the triumphant romancers can always be put to confusion and crushed by the very details in which real life is so rich and which these unhappy and involuntary story‐tellers neglect as insignificant trifles. Oh, they have no thought to spare for such details, their minds are concentrated on their grand invention as a whole, and fancy any one daring to pull them up for a trifle! But that's how they are caught. The prisoner was asked the question, 'Where did you get the stuff for your little bag and who made it for you?' 'I made it myself.' 'And where did you get the linen?' The prisoner was positively offended, he thought it almost insulting to ask him such a trivial question, and would you believe it, his resentment was genuine! But they are all like that. 'I tore it off my shirt.' 'Then we shall find that shirt among your linen to‐morrow, with a piece torn off.' And only fancy, gentlemen of the jury, if we really had found that torn shirt (and how could we have failed to find it in his chest of drawers or trunk?) that would have been a fact, a material fact in support of his statement! But he was incapable of that reflection. 'I don't remember, it may not have been off my shirt, I sewed it up in one of my landlady's caps.' 'What sort of a cap?' 'It was an old cotton rag of hers lying about.' 'And do you remember that clearly?' 'No, I don't.' And he was angry, very angry, and yet imagine not remembering it! At the most terrible moments of man's life, for instance when he is being led to execution, he remembers just such trifles. He will forget anything but some green roof that has flashed past him on the road, or a jackdaw on a cross—that he will remember. He concealed the making of that little bag from his household, he must have remembered his humiliating fear that some one might come in and find him needle in hand, how at the slightest sound he slipped behind the screen (there is a screen in his lodgings).


"But, gentlemen of the jury, why do I tell you all this, all these details, trifles?" cried Ippolit Kirillovitch suddenly. "Just because the prisoner still persists in these absurdities to this moment. He has not explained anything since that fatal night two months ago, he has not added one actual illuminating fact to his former fantastic statements; all those are trivialities. 'You must believe it on my honor.' Oh, we are glad to believe it, we are eager to believe it, even if only on his word of honor! Are we jackals thirsting for human blood? Show us a single fact in the prisoner's favor and we shall rejoice; but let it be a substantial, real fact, and not a conclusion drawn from the prisoner's expression by his own brother, or that when he beat himself on the breast he must have meant to point to the little bag, in the darkness, too. We shall rejoice at the new fact, we shall be the first to repudiate our charge, we shall hasten to repudiate it. But now justice cries out and we persist, we cannot repudiate anything."


Ippolit Kirillovitch passed to his final peroration. He looked as though he was in a fever, he spoke of the blood that cried for vengeance, the blood of the father murdered by his son, with the base motive of robbery! He pointed to the tragic and glaring consistency of the facts.


"And whatever you may hear from the talented and celebrated counsel for the defense," Ippolit Kirillovitch could not resist adding, "whatever eloquent and touching appeals may be made to your sensibilities, remember that at this moment you are in a temple of justice. Remember that you are the champions of our justice, the champions of our holy Russia, of her principles, her family, everything that she holds sacred! Yes, you represent Russia here at this moment, and your verdict will be heard not in this hall only but will reëcho throughout the whole of Russia, and all Russia will hear you, as her champions and her judges, and she will be encouraged or disheartened by your verdict. Do not disappoint Russia and her expectations. Our fatal troika dashes on in her headlong flight perhaps to destruction and in all Russia for long past men have stretched out imploring hands and called a halt to its furious reckless course. And if other nations stand aside from that troika that may be, not from respect, as the poet would fain believe, but simply from horror. From horror, perhaps from disgust. And well it is that they stand aside, but maybe they will cease one day to do so and will form a firm wall confronting the hurrying apparition and will check the frenzied rush of our lawlessness, for the sake of their own safety, enlightenment and civilization. Already we have heard voices of alarm from Europe, they already begin to sound. Do not tempt them! Do not heap up their growing hatred by a sentence justifying the murder of a father by his son!"


Though Ippolit Kirillovitch was genuinely moved, he wound up his speech with this rhetorical appeal—and the effect produced by him was extraordinary. When he had finished his speech, he went out hurriedly and, as I have mentioned before, almost fainted in the adjoining room. There was no applause in the court, but serious persons were pleased. The ladies were not so well satisfied, though even they were pleased with his eloquence, especially as they had no apprehensions as to the upshot of the trial and had full trust in Fetyukovitch. "He will speak at last and of course carry all before him."


Every one looked at Mitya; he sat silent through the whole of the prosecutor's speech, clenching his teeth, with his hands clasped, and his head bowed. Only from time to time he raised his head and listened, especially when Grushenka was spoken of. When the prosecutor mentioned Rakitin's opinion of her, a smile of contempt and anger passed over his face and he murmured rather audibly, "The Bernards!" When Ippolit Kirillovitch described how he had questioned and tortured him at Mokroe, Mitya raised his head and listened with intense curiosity. At one point he seemed about to jump up and cry out, but controlled himself and only shrugged his shoulders disdainfully. People talked afterwards of the end of the speech, of the prosecutor's feat in examining the prisoner at Mokroe, and jeered at Ippolit Kirillovitch. "The man could not resist boasting of his cleverness," they said.


The court was adjourned, but only for a short interval, a quarter of an hour or twenty minutes at most. There was a hum of conversation and exclamations in the audience. I remember some of them.


"A weighty speech," a gentleman in one group observed gravely.


"He brought in too much psychology," said another voice.


"But it was all true, the absolute truth!"


"Yes, he is first rate at it."


"He summed it all up."


"Yes, he summed us up, too," chimed in another voice. "Do you remember, at the beginning of his speech, making out we were all like Fyodor Pavlovitch?"


"And at the end, too. But that was all rot."


"And obscure too."


"He was a little too much carried away."


"No, it was smartly done, anyway. He's had long to wait, but he's had his say, ha ha!"


"What will the counsel for the defense say?"


In another group I heard:


"He had no business to make a thrust at the Petersburg man like that; 'appealing to your sensibilities'—do you remember?"


"Yes, that was awkward of him."


"He was in too great a hurry."


"He is a nervous man."


"We laugh, but what must the prisoner be feeling?"


"Yes, what must it be for Mitya?"


In a third group:


"What lady is that, the fat one, with the lorgnette, sitting at the end?"


"She is a general's wife, divorced, I know her."


"That's why she has the lorgnette."


"She is not good for much."


"Oh, no, she is a piquante little woman."


"Two places beyond her there is a little fair woman, she is prettier."


"They caught him smartly at Mokroe, didn't they, eh?"


"Oh, it was smart enough. We've heard it before, how often he has told the story at people's houses!"


"And he couldn't resist doing it now. That's vanity."


"He is a man with a grievance, he he!"


"Yes, and quick to take offense. And there was too much rhetoric, such long sentences."


"Yes, he tries to alarm us, he kept trying to alarm us. Do you remember about the troika? Something about 'They have Hamlets, but we have, so far, only Karamazovs!' That was cleverly said!"


"That was to propitiate the liberals. He is afraid of them."


"Yes, and he is afraid of the lawyer, too."


"Yes, what will Fetyukovitch say?"


"Whatever he says, he won't get round our peasants."


"Don't you think so?"


A fourth group:


"What he said about the troika was good, that piece about the other nations."


"And that was true what he said about other nations not standing it."


"Why, in the English Parliament a Member got up last week and speaking about the Nihilists asked the Ministry whether it was not high time to intervene, to educate this barbarous people. Ippolit was thinking of him, I know he was. He was talking about that last week."


"Not an easy job."


"Not an easy job? Why not?"


"Why, we'd shut up Kronstadt and not let them have any corn. Where would they get it?"


"In America. They get it from America now."


But the bell rang, all rushed to their places. Fetyukovitch mounted the tribune.


Chapter X. The Speech For The Defense. An Argument That Cuts Both Ways


All was hushed as the first words of the famous orator rang out. The eyes of the audience were fastened upon him. He began very simply and directly, with an air of conviction, but not the slightest trace of conceit. He made no attempt at eloquence, at pathos, or emotional phrases. He was like a man speaking in a circle of intimate and sympathetic friends. His voice was a fine one, sonorous and sympathetic, and there was something genuine and simple in the very sound of it. But every one realized at once that the speaker might suddenly rise to genuine pathos and "pierce the heart with untold power." His language was perhaps more irregular than Ippolit Kirillovitch's, but he spoke without long phrases, and indeed, with more precision. One thing did not please the ladies: he kept bending forward, especially at the beginning of his speech, not exactly bowing, but as though he were about to dart at his listeners, bending his long spine in half, as though there were a spring in the middle that enabled him to bend almost at right angles.


At the beginning of his speech he spoke rather disconnectedly, without system, one may say, dealing with facts separately, though, at the end, these facts formed a whole. His speech might be divided into two parts, the first consisting of criticism in refutation of the charge, sometimes malicious and sarcastic. But in the second half he suddenly changed his tone, and even his manner, and at once rose to pathos. The audience seemed on the look‐out for it, and quivered with enthusiasm.


He went straight to the point, and began by saying that although he practiced in Petersburg, he had more than once visited provincial towns to defend prisoners, of whose innocence he had a conviction or at least a preconceived idea. "That is what has happened to me in the present case," he explained. "From the very first accounts in the newspapers I was struck by something which strongly prepossessed me in the prisoner's favor. What interested me most was a fact which often occurs in legal practice, but rarely, I think, in such an extreme and peculiar form as in the present case. I ought to formulate that peculiarity only at the end of my speech, but I will do so at the very beginning, for it is my weakness to go to work directly, not keeping my effects in reserve and economizing my material. That may be imprudent on my part, but at least it's sincere. What I have in my mind is this: there is an overwhelming chain of evidence against the prisoner, and at the same time not one fact that will stand criticism, if it is examined separately. As I followed the case more closely in the papers my idea was more and more confirmed, and I suddenly received from the prisoner's relatives a request to undertake his defense. I at once hurried here, and here I became completely convinced. It was to break down this terrible chain of facts, and to show that each piece of evidence taken separately was unproved and fantastic, that I undertook the case."


So Fetyukovitch began.


"Gentlemen of the jury," he suddenly protested, "I am new to this district. I have no preconceived ideas. The prisoner, a man of turbulent and unbridled temper, has not insulted me. But he has insulted perhaps hundreds of persons in this town, and so prejudiced many people against him beforehand. Of course I recognize that the moral sentiment of local society is justly excited against him. The prisoner is of turbulent and violent temper. Yet he was received in society here; he was even welcome in the family of my talented friend, the prosecutor."


(N.B. At these words there were two or three laughs in the audience, quickly suppressed, but noticed by all. All of us knew that the prosecutor received Mitya against his will, solely because he had somehow interested his wife—a lady of the highest virtue and moral worth, but fanciful, capricious, and fond of opposing her husband, especially in trifles. Mitya's visits, however, had not been frequent.)


"Nevertheless I venture to suggest," Fetyukovitch continued, "that in spite of his independent mind and just character, my opponent may have formed a mistaken prejudice against my unfortunate client. Oh, that is so natural; the unfortunate man has only too well deserved such prejudice. Outraged morality, and still more outraged taste, is often relentless. We have, in the talented prosecutor's speech, heard a stern analysis of the prisoner's character and conduct, and his severe critical attitude to the case was evident. And, what's more, he went into psychological subtleties into which he could not have entered, if he had the least conscious and malicious prejudice against the prisoner. But there are things which are even worse, even more fatal in such cases, than the most malicious and consciously unfair attitude. It is worse if we are carried away by the artistic instinct, by the desire to create, so to speak, a romance, especially if God has endowed us with psychological insight. Before I started on my way here, I was warned in Petersburg, and was myself aware, that I should find here a talented opponent whose psychological insight and subtlety had gained him peculiar renown in legal circles of recent years. But profound as psychology is, it's a knife that cuts both ways." (Laughter among the public.) "You will, of course, forgive me my comparison; I can't boast of eloquence. But I will take as an example any point in the prosecutor's speech.


"The prisoner, running away in the garden in the dark, climbed over the fence, was seized by the servant, and knocked him down with a brass pestle. Then he jumped back into the garden and spent five minutes over the man, trying to discover whether he had killed him or not. And the prosecutor refuses to believe the prisoner's statement that he ran to old Grigory out of pity. 'No,' he says, 'such sensibility is impossible at such a moment, that's unnatural; he ran to find out whether the only witness of his crime was dead or alive, and so showed that he had committed the murder, since he would not have run back for any other reason.'


"Here you have psychology; but let us take the same method and apply it to the case the other way round, and our result will be no less probable. The murderer, we are told, leapt down to find out, as a precaution, whether the witness was alive or not, yet he had left in his murdered father's study, as the prosecutor himself argues, an amazing piece of evidence in the shape of a torn envelope, with an inscription that there had been three thousand roubles in it. 'If he had carried that envelope away with him, no one in the world would have known of that envelope and of the notes in it, and that the money had been stolen by the prisoner.' Those are the prosecutor's own words. So on one side you see a complete absence of precaution, a man who has lost his head and run away in a fright, leaving that clew on the floor, and two minutes later, when he has killed another man, we are entitled to assume the most heartless and calculating foresight in him. But even admitting this was so, it is psychological subtlety, I suppose, that discerns that under certain circumstances I become as bloodthirsty and keen‐sighted as a Caucasian eagle, while at the next I am as timid and blind as a mole. But if I am so bloodthirsty and cruelly calculating that when I kill a man I only run back to find out whether he is alive to witness against me, why should I spend five minutes looking after my victim at the risk of encountering other witnesses? Why soak my handkerchief, wiping the blood off his head so that it may be evidence against me later? If he were so cold‐hearted and calculating, why not hit the servant on the head again and again with the same pestle so as to kill him outright and relieve himself of all anxiety about the witness?


"Again, though he ran to see whether the witness was alive, he left another witness on the path, that brass pestle which he had taken from the two women, and which they could always recognize afterwards as theirs, and prove that he had taken it from them. And it is not as though he had forgotten it on the path, dropped it through carelessness or haste, no, he had flung away his weapon, for it was found fifteen paces from where Grigory lay. Why did he do so? Just because he was grieved at having killed a man, an old servant; and he flung away the pestle with a curse, as a murderous weapon. That's how it must have been, what other reason could he have had for throwing it so far? And if he was capable of feeling grief and pity at having killed a man, it shows that he was innocent of his father's murder. Had he murdered him, he would never have run to another victim out of pity; then he would have felt differently; his thoughts would have been centered on self‐preservation. He would have had none to spare for pity, that is beyond doubt. On the contrary, he would have broken his skull instead of spending five minutes looking after him. There was room for pity and good‐feeling just because his conscience had been clear till then. Here we have a different psychology. I have purposely resorted to this method, gentlemen of the jury, to show that you can prove anything by it. It all depends on who makes use of it. Psychology lures even most serious people into romancing, and quite unconsciously. I am speaking of the abuse of psychology, gentlemen."


Sounds of approval and laughter, at the expense of the prosecutor, were again audible in the court. I will not repeat the speech in detail; I will only quote some passages from it, some leading points.


Chapter XI. There Was No Money. There Was No Robbery


There was one point that struck every one in Fetyukovitch's speech. He flatly denied the existence of the fatal three thousand roubles, and consequently, the possibility of their having been stolen.


"Gentlemen of the jury," he began. "Every new and unprejudiced observer must be struck by a characteristic peculiarity in the present case, namely, the charge of robbery, and the complete impossibility of proving that there was anything to be stolen. We are told that money was stolen—three thousand roubles—but whether those roubles ever existed, nobody knows. Consider, how have we heard of that sum, and who has seen the notes? The only person who saw them, and stated that they had been put in the envelope, was the servant, Smerdyakov. He had spoken of it to the prisoner and his brother, Ivan Fyodorovitch, before the catastrophe. Madame Svyetlov, too, had been told of it. But not one of these three persons had actually seen the notes, no one but Smerdyakov had seen them.


"Here the question arises, if it's true that they did exist, and that Smerdyakov had seen them, when did he see them for the last time? What if his master had taken the notes from under his bed and put them back in his cash‐box without telling him? Note, that according to Smerdyakov's story the notes were kept under the mattress; the prisoner must have pulled them out, and yet the bed was absolutely unrumpled; that is carefully recorded in the protocol. How could the prisoner have found the notes without disturbing the bed? How could he have helped soiling with his blood‐ stained hands the fine and spotless linen with which the bed had been purposely made?


"But I shall be asked: What about the envelope on the floor? Yes, it's worth saying a word or two about that envelope. I was somewhat surprised just now to hear the highly talented prosecutor declare of himself—of himself, observe—that but for that envelope, but for its being left on the floor, no one in the world would have known of the existence of that envelope and the notes in it, and therefore of the prisoner's having stolen it. And so that torn scrap of paper is, by the prosecutor's own admission, the sole proof on which the charge of robbery rests, 'otherwise no one would have known of the robbery, nor perhaps even of the money.' But is the mere fact that that scrap of paper was lying on the floor a proof that there was money in it, and that that money had been stolen? Yet, it will be objected, Smerdyakov had seen the money in the envelope. But when, when had he seen it for the last time, I ask you that? I talked to Smerdyakov, and he told me that he had seen the notes two days before the catastrophe. Then why not imagine that old Fyodor Pavlovitch, locked up alone in impatient and hysterical expectation of the object of his adoration, may have whiled away the time by breaking open the envelope and taking out the notes. 'What's the use of the envelope?' he may have asked himself. 'She won't believe the notes are there, but when I show her the thirty rainbow‐colored notes in one roll, it will make more impression, you may be sure, it will make her mouth water.' And so he tears open the envelope, takes out the money, and flings the envelope on the floor, conscious of being the owner and untroubled by any fears of leaving evidence.


"Listen, gentlemen, could anything be more likely than this theory and such an action? Why is it out of the question? But if anything of the sort could have taken place, the charge of robbery falls to the ground; if there was no money, there was no theft of it. If the envelope on the floor may be taken as evidence that there had been money in it, why may I not maintain the opposite, that the envelope was on the floor because the money had been taken from it by its owner?


"But I shall be asked what became of the money if Fyodor Pavlovitch took it out of the envelope since it was not found when the police searched the house? In the first place, part of the money was found in the cash‐box, and secondly, he might have taken it out that morning or the evening before to make some other use of it, to give or send it away; he may have changed his idea, his plan of action completely, without thinking it necessary to announce the fact to Smerdyakov beforehand. And if there is the barest possibility of such an explanation, how can the prisoner be so positively accused of having committed murder for the sake of robbery, and of having actually carried out that robbery? This is encroaching on the domain of romance. If it is maintained that something has been stolen, the thing must be produced, or at least its existence must be proved beyond doubt. Yet no one had ever seen these notes.


"Not long ago in Petersburg a young man of eighteen, hardly more than a boy, who carried on a small business as a costermonger, went in broad daylight into a moneychanger's shop with an ax, and with extraordinary, typical audacity killed the master of the shop and carried off fifteen hundred roubles. Five hours later he was arrested, and, except fifteen roubles he had already managed to spend, the whole sum was found on him. Moreover, the shopman, on his return to the shop after the murder, informed the police not only of the exact sum stolen, but even of the notes and gold coins of which that sum was made up, and those very notes and coins were found on the criminal. This was followed by a full and genuine confession on the part of the murderer. That's what I call evidence, gentlemen of the jury! In that case I know, I see, I touch the money, and cannot deny its existence. Is it the same in the present case? And yet it is a question of life and death.


"Yes, I shall be told, but he was carousing that night, squandering money; he was shown to have had fifteen hundred roubles—where did he get the money? But the very fact that only fifteen hundred could be found, and the other half of the sum could nowhere be discovered, shows that that money was not the same, and had never been in any envelope. By strict calculation of time it was proved at the preliminary inquiry that the prisoner ran straight from those women servants to Perhotin's without going home, and that he had been nowhere. So he had been all the time in company and therefore could not have divided the three thousand in half and hidden half in the town. It's just this consideration that has led the prosecutor to assume that the money is hidden in some crevice at Mokroe. Why not in the dungeons of the castle of Udolpho, gentlemen? Isn't this supposition really too fantastic and too romantic? And observe, if that supposition breaks down, the whole charge of robbery is scattered to the winds, for in that case what could have become of the other fifteen hundred roubles? By what miracle could they have disappeared, since it's proved the prisoner went nowhere else? And we are ready to ruin a man's life with such tales!


"I shall be told that he could not explain where he got the fifteen hundred that he had, and every one knew that he was without money before that night. Who knew it, pray? The prisoner has made a clear and unflinching statement of the source of that money, and if you will have it so, gentlemen of the jury, nothing can be more probable than that statement, and more consistent with the temper and spirit of the prisoner. The prosecutor is charmed with his own romance. A man of weak will, who had brought himself to take the three thousand so insultingly offered by his betrothed, could not, we are told, have set aside half and sewn it up, but would, even if he had done so, have unpicked it every two days and taken out a hundred, and so would have spent it all in a month. All this, you will remember, was put forward in a tone that brooked no contradiction. But what if the thing happened quite differently? What if you've been weaving a romance, and about quite a different kind of man? That's just it, you have invented quite a different man!


"I shall be told, perhaps, there are witnesses that he spent on one day all that three thousand given him by his betrothed a month before the catastrophe, so he could not have divided the sum in half. But who are these witnesses? The value of their evidence has been shown in court already. Besides, in another man's hand a crust always seems larger, and no one of these witnesses counted that money; they all judged simply at sight. And the witness Maximov has testified that the prisoner had twenty thousand in his hand. You see, gentlemen of the jury, psychology is a two‐ edged weapon. Let me turn the other edge now and see what comes of it.


"A month before the catastrophe the prisoner was entrusted by Katerina Ivanovna with three thousand roubles to send off by post. But the question is: is it true that they were entrusted to him in such an insulting and degrading way as was proclaimed just now? The first statement made by the young lady on the subject was different, perfectly different. In the second statement we heard only cries of resentment and revenge, cries of long‐concealed hatred. And the very fact that the witness gave her first evidence incorrectly, gives us a right to conclude that her second piece of evidence may have been incorrect also. The prosecutor will not, dare not (his own words) touch on that story. So be it. I will not touch on it either, but will only venture to observe that if a lofty and high‐ principled person, such as that highly respected young lady unquestionably is, if such a person, I say, allows herself suddenly in court to contradict her first statement, with the obvious motive of ruining the prisoner, it is clear that this evidence has been given not impartially, not coolly. Have not we the right to assume that a revengeful woman might have exaggerated much? Yes, she may well have exaggerated, in particular, the insult and humiliation of her offering him the money. No, it was offered in such a way that it was possible to take it, especially for a man so easy‐going as the prisoner, above all, as he expected to receive shortly from his father the three thousand roubles that he reckoned was owing to him. It was unreflecting of him, but it was just his irresponsible want of reflection that made him so confident that his father would give him the money, that he would get it, and so could always dispatch the money entrusted to him and repay the debt.


"But the prosecutor refuses to allow that he could the same day have set aside half the money and sewn it up in a little bag. That's not his character, he tells us, he couldn't have had such feelings. But yet he talked himself of the broad Karamazov nature; he cried out about the two extremes which a Karamazov can contemplate at once. Karamazov is just such a two‐sided nature, fluctuating between two extremes, that even when moved by the most violent craving for riotous gayety, he can pull himself up, if something strikes him on the other side. And on the other side is love—that new love which had flamed up in his heart, and for that love he needed money; oh, far more than for carousing with his mistress. If she were to say to him, 'I am yours, I won't have Fyodor Pavlovitch,' then he must have money to take her away. That was more important than carousing. Could a Karamazov fail to understand it? That anxiety was just what he was suffering from—what is there improbable in his laying aside that money and concealing it in case of emergency?


"But time passed, and Fyodor Pavlovitch did not give the prisoner the expected three thousand; on the contrary, the latter heard that he meant to use this sum to seduce the woman he, the prisoner, loved. 'If Fyodor Pavlovitch doesn't give the money,' he thought, 'I shall be put in the position of a thief before Katerina Ivanovna.' And then the idea presented itself to him that he would go to Katerina Ivanovna, lay before her the fifteen hundred roubles he still carried round his neck, and say, 'I am a scoundrel, but not a thief.' So here we have already a twofold reason why he should guard that sum of money as the apple of his eye, why he shouldn't unpick the little bag, and spend it a hundred at a time. Why should you deny the prisoner a sense of honor? Yes, he has a sense of honor, granted that it's misplaced, granted it's often mistaken, yet it exists and amounts to a passion, and he has proved that.


"But now the affair becomes even more complex; his jealous torments reach a climax, and those same two questions torture his fevered brain more and more: 'If I repay Katerina Ivanovna, where can I find the means to go off with Grushenka?' If he behaved wildly, drank, and made disturbances in the taverns in the course of that month, it was perhaps because he was wretched and strained beyond his powers of endurance. These two questions became so acute that they drove him at last to despair. He sent his younger brother to beg for the last time for the three thousand roubles, but without waiting for a reply, burst in himself and ended by beating the old man in the presence of witnesses. After that he had no prospect of getting it from any one; his father would not give it him after that beating.


"The same evening he struck himself on the breast, just on the upper part of the breast where the little bag was, and swore to his brother that he had the means of not being a scoundrel, but that still he would remain a scoundrel, for he foresaw that he would not use that means, that he wouldn't have the character, that he wouldn't have the will‐power to do it. Why, why does the prosecutor refuse to believe the evidence of Alexey Karamazov, given so genuinely and sincerely, so spontaneously and convincingly? And why, on the contrary, does he force me to believe in money hidden in a crevice, in the dungeons of the castle of Udolpho?


"The same evening, after his talk with his brother, the prisoner wrote that fatal letter, and that letter is the chief, the most stupendous proof of the prisoner having committed robbery! 'I shall beg from every one, and if I don't get it I shall murder my father and shall take the envelope with the pink ribbon on it from under his mattress as soon as Ivan has gone.' A full program of the murder, we are told, so it must have been he. 'It has all been done as he wrote,' cries the prosecutor.


"But in the first place, it's the letter of a drunken man and written in great irritation; secondly, he writes of the envelope from what he has heard from Smerdyakov again, for he has not seen the envelope himself; and thirdly, he wrote it indeed, but how can you prove that he did it? Did the prisoner take the envelope from under the pillow, did he find the money, did that money exist indeed? And was it to get money that the prisoner ran off, if you remember? He ran off post‐haste not to steal, but to find out where she was, the woman who had crushed him. He was not running to carry out a program, to carry out what he had written, that is, not for an act of premeditated robbery, but he ran suddenly, spontaneously, in a jealous fury. Yes! I shall be told, but when he got there and murdered him he seized the money, too. But did he murder him after all? The charge of robbery I repudiate with indignation. A man cannot be accused of robbery, if it's impossible to state accurately what he has stolen; that's an axiom. But did he murder him without robbery, did he murder him at all? Is that proved? Isn't that, too, a romance?"


Chapter XII. And There Was No Murder Either


"Allow me, gentlemen of the jury, to remind you that a man's life is at stake and that you must be careful. We have heard the prosecutor himself admit that until to‐day he hesitated to accuse the prisoner of a full and conscious premeditation of the crime; he hesitated till he saw that fatal drunken letter which was produced in court to‐day. 'All was done as written.' But, I repeat again, he was running to her, to seek her, solely to find out where she was. That's a fact that can't be disputed. Had she been at home, he would not have run away, but would have remained at her side, and so would not have done what he promised in the letter. He ran unexpectedly and accidentally, and by that time very likely he did not even remember his drunken letter. 'He snatched up the pestle,' they say, and you will remember how a whole edifice of psychology was built on that pestle—why he was bound to look at that pestle as a weapon, to snatch it up, and so on, and so on. A very commonplace idea occurs to me at this point: What if that pestle had not been in sight, had not been lying on the shelf from which it was snatched by the prisoner, but had been put away in a cupboard? It would not have caught the prisoner's eye, and he would have run away without a weapon, with empty hands, and then he would certainly not have killed any one. How then can I look upon the pestle as a proof of premeditation?


"Yes, but he talked in the taverns of murdering his father, and two days before, on the evening when he wrote his drunken letter, he was quiet and only quarreled with a shopman in the tavern, because a Karamazov could not help quarreling, forsooth! But my answer to that is, that, if he was planning such a murder in accordance with his letter, he certainly would not have quarreled even with a shopman, and probably would not have gone into the tavern at all, because a person plotting such a crime seeks quiet and retirement, seeks to efface himself, to avoid being seen and heard, and that not from calculation, but from instinct. Gentlemen of the jury, the psychological method is a two‐edged weapon, and we, too, can use it. As for all this shouting in taverns throughout the month, don't we often hear children, or drunkards coming out of taverns shout, 'I'll kill you'? but they don't murder any one. And that fatal letter—isn't that simply drunken irritability, too? Isn't that simply the shout of the brawler outside the tavern, 'I'll kill you! I'll kill the lot of you!' Why not, why could it not be that? What reason have we to call that letter 'fatal' rather than absurd? Because his father has been found murdered, because a witness saw the prisoner running out of the garden with a weapon in his hand, and was knocked down by him: therefore, we are told, everything was done as he had planned in writing, and the letter was not 'absurd,' but 'fatal.'


"Now, thank God! we've come to the real point: 'since he was in the garden, he must have murdered him.' In those few words: 'since he was, then he must' lies the whole case for the prosecution. He was there, so he must have. And what if there is no must about it, even if he was there? Oh, I admit that the chain of evidence—the coincidences—are really suggestive. But examine all these facts separately, regardless of their connection. Why, for instance, does the prosecution refuse to admit the truth of the prisoner's statement that he ran away from his father's window? Remember the sarcasms in which the prosecutor indulged at the expense of the respectful and 'pious' sentiments which suddenly came over the murderer. But what if there were something of the sort, a feeling of religious awe, if not of filial respect? 'My mother must have been praying for me at that moment,' were the prisoner's words at the preliminary inquiry, and so he ran away as soon as he convinced himself that Madame Svyetlov was not in his father's house. 'But he could not convince himself by looking through the window,' the prosecutor objects. But why couldn't he? Why? The window opened at the signals given by the prisoner. Some word might have been uttered by Fyodor Pavlovitch, some exclamation which showed the prisoner that she was not there. Why should we assume everything as we imagine it, as we make up our minds to imagine it? A thousand things may happen in reality which elude the subtlest imagination.


" '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‐defense, 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 his 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 rumors 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 defense. 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 naïveté, 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‐colored 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‐colored 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 realized his security from detection. Oh! these sudden and irresistible impulses come so often when there is a favorable 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 any one 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 some one 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 every one 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 XIII. 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 every one, 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 defense 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 kind‐hearted 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 any one train him to be reasonable? Was he enlightened by study? Did any one 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 defense 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 honorable, 'sublime and beautiful,' however much the expression has been ridiculed.


"I said just now that I would not venture to touch upon my client's engagement. But I may say half a word. What we heard just now was not evidence, but only the scream of a frenzied and revengeful woman, and it was not for her—oh, not for her!—to reproach him with treachery, for she has betrayed him! If she had had but a little time for reflection she would not have given such evidence. Oh, do not believe her! No, my client is not a monster, as she called him!


"The Lover of Mankind on the eve of His Crucifixion said: 'I am the Good Shepherd. The good shepherd lays down his life for his sheep, so that not one of them might be lost.' Let not a man's soul be lost through us!


"I asked just now what does 'father' mean, and exclaimed that it was a great word, a precious name. But one must use words honestly, gentlemen, and I venture to call things by their right names: such a father as old Karamazov cannot be called a father and does not deserve to be. Filial love for an unworthy father is an absurdity, an impossibility. Love cannot be created from nothing: only God can create something from nothing.


" 'Fathers, provoke not your children to wrath,' the apostle writes, from a heart glowing with love. It's not for the sake of my client that I quote these sacred words, I mention them for all fathers. Who has authorized me to preach to fathers? No one. But as a man and a citizen I make my appeal—vivos voco! We are not long on earth, we do many evil deeds and say many evil words. So let us all catch a favorable moment when we are all together to say a good word to each other. That's what I am doing: while I am in this place I take advantage of my opportunity. Not for nothing is this tribune given us by the highest authority—all Russia hears us! I am not speaking only for the fathers here present, I cry aloud to all fathers: 'Fathers, provoke not your children to wrath.' Yes, let us first fulfill Christ's injunction ourselves and only then venture to expect it of our children. Otherwise we are not fathers, but enemies of our children, and they are not our children, but our enemies, and we have made them our enemies ourselves. 'What measure ye mete it shall be measured unto you again'—it's not I who say that, it's the Gospel precept, measure to others according as they measure to you. How can we blame children if they measure us according to our measure?


"Not long ago a servant girl in Finland was suspected of having secretly given birth to a child. She was watched, and a box of which no one knew anything was found in the corner of the loft, behind some bricks. It was opened and inside was found the body of a new‐born child which she had killed. In the same box were found the skeletons of two other babies which, according to her own confession, she had killed at the moment of their birth.


"Gentlemen of the jury, was she a mother to her children? She gave birth to them, indeed; but was she a mother to them? Would any one venture to give her the sacred name of mother? Let us be bold, gentlemen, let us be audacious even: it's our duty to be so at this moment and not to be afraid of certain words and ideas like the Moscow women in Ostrovsky's play, who are scared at the sound of certain words. No, let us prove that the progress of the last few years has touched even us, and let us say plainly, the father is not merely he who begets the child, but he who begets it and does his duty by it.


"Oh, of course, there is the other meaning, there is the other interpretation of the word 'father,' which insists that any father, even though he be a monster, even though he be the enemy of his children, still remains my father simply because he begot me. But this is, so to say, the mystical meaning which I cannot comprehend with my intellect, but can only accept by faith, or, better to say, on faith, like many other things which I do not understand, but which religion bids me believe. But in that case let it be kept outside the sphere of actual life. In the sphere of actual life, which has, indeed, its own rights, but also lays upon us great duties and obligations, in that sphere, if we want to be humane—Christian, in fact—we must, or ought to, act only upon convictions justified by reason and experience, which have been passed through the crucible of analysis; in a word, we must act rationally, and not as though in dream and delirium, that we may not do harm, that we may not ill‐treat and ruin a man. Then it will be real Christian work, not only mystic, but rational and philanthropic...."


There was violent applause at this passage from many parts of the court, but Fetyukovitch waved his hands as though imploring them to let him finish without interruption. The court relapsed into silence at once. The orator went on.


"Do you suppose, gentlemen, that our children as they grow up and begin to reason can avoid such questions? No, they cannot, and we will not impose on them an impossible restriction. The sight of an unworthy father involuntarily suggests tormenting questions to a young creature, especially when he compares him with the excellent fathers of his companions. The conventional answer to this question is: 'He begot you, and you are his flesh and blood, and therefore you are bound to love him.' The youth involuntarily reflects: 'But did he love me when he begot me?' he asks, wondering more and more. 'Was it for my sake he begot me? He did not know me, not even my sex, at that moment, at the moment of passion, perhaps, inflamed by wine, and he has only transmitted to me a propensity to drunkenness—that's all he's done for me.... Why am I bound to love him simply for begetting me when he has cared nothing for me all my life after?'


"Oh, perhaps those questions strike you as coarse and cruel, but do not expect an impossible restraint from a young mind. 'Drive nature out of the door and it will fly in at the window,' and, above all, let us not be afraid of words, but decide the question according to the dictates of reason and humanity and not of mystic ideas. How shall it be decided? Why, like this. Let the son stand before his father and ask him, 'Father, tell me, why must I love you? Father, show me that I must love you,' and if that father is able to answer him and show him good reason, we have a real, normal, parental relation, not resting on mystical prejudice, but on a rational, responsible and strictly humanitarian basis. But if he does not, there's an end to the family tie. He is not a father to him, and the son has a right to look upon him as a stranger, and even an enemy. Our tribune, gentlemen of the jury, ought to be a school of true and sound ideas."


(Here the orator was interrupted by irrepressible and almost frantic applause. Of course, it was not the whole audience, but a good half of it applauded. The fathers and mothers present applauded. Shrieks and exclamations were heard from the gallery, where the ladies were sitting. Handkerchiefs were waved. The President began ringing his bell with all his might. He was obviously irritated by the behavior of the audience, but did not venture to clear the court as he had threatened. Even persons of high position, old men with stars on their breasts, sitting on specially reserved seats behind the judges, applauded the orator and waved their handkerchiefs. So that when the noise died down, the President confined himself to repeating his stern threat to clear the court, and Fetyukovitch, excited and triumphant, continued his speech.)


"Gentlemen of the jury, you remember that awful night of which so much has been said to‐day, when the son got over the fence and stood face to face with the enemy and persecutor who had begotten him. I insist most emphatically it was not for money he ran to his father's house: the charge of robbery is an absurdity, as I proved before. And it was not to murder him he broke into the house, oh, no! If he had had that design he would, at least, have taken the precaution of arming himself beforehand. The brass pestle he caught up instinctively without knowing why he did it. Granted that he deceived his father by tapping at the window, granted that he made his way in—I've said already that I do not for a moment believe that legend, but let it be so, let us suppose it for a moment. Gentlemen, I swear to you by all that's holy, if it had not been his father, but an ordinary enemy, he would, after running through the rooms and satisfying himself that the woman was not there, have made off, post‐haste, without doing any harm to his rival. He would have struck him, pushed him away perhaps, nothing more, for he had no thought and no time to spare for that. What he wanted to know was where she was. But his father, his father! The mere sight of the father who had hated him from his childhood, had been his enemy, his persecutor, and now his unnatural rival, was enough! A feeling of hatred came over him involuntarily, irresistibly, clouding his reason. It all surged up in one moment! It was an impulse of madness and insanity, but also an impulse of nature, irresistibly and unconsciously (like everything in nature) avenging the violation of its eternal laws.


"But the prisoner even then did not murder him—I maintain that, I cry that aloud!—no, he only brandished the pestle in a burst of indignant disgust, not meaning to kill him, not knowing that he would kill him. Had he not had this fatal pestle in his hand, he would have only knocked his father down perhaps, but would not have killed him. As he ran away, he did not know whether he had killed the old man. Such a murder is not a murder. Such a murder is not a parricide. No, the murder of such a father cannot be called parricide. Such a murder can only be reckoned parricide by prejudice.


"But I appeal to you again and again from the depths of my soul; did this murder actually take place? Gentlemen of the jury, if we convict and punish him, he will say to himself: 'These people have done nothing for my bringing up, for my education, nothing to improve my lot, nothing to make me better, nothing to make me a man. These people have not given me to eat and to drink, have not visited me in prison and nakedness, and here they have sent me to penal servitude. I am quits, I owe them nothing now, and owe no one anything for ever. They are wicked and I will be wicked. They are cruel and I will be cruel.' That is what he will say, gentlemen of the jury. And I swear, by finding him guilty you will only make it easier for him: you will ease his conscience, he will curse the blood he has shed and will not regret it. At the same time you will destroy in him the possibility of becoming a new man, for he will remain in his wickedness and blindness all his life.


"But do you want to punish him fearfully, terribly, with the most awful punishment that could be imagined, and at the same time to save him and regenerate his soul? If so, overwhelm him with your mercy! You will see, you will hear how he will tremble and be horror‐struck. 'How can I endure this mercy? How can I endure so much love? Am I worthy of it?' That's what he will exclaim.


"Oh, I know, I know that heart, that wild but grateful heart, gentlemen of the jury! It will bow before your mercy; it thirsts for a great and loving action, it will melt and mount upwards. There are souls which, in their limitation, blame the whole world. But subdue such a soul with mercy, show it love, and it will curse its past, for there are many good impulses in it. Such a heart will expand and see that God is merciful and that men are good and just. He will be horror‐stricken; he will be crushed by remorse and the vast obligation laid upon him henceforth. And he will not say then, 'I am quits,' but will say, 'I am guilty in the sight of all men and am more unworthy than all.' With tears of penitence and poignant, tender anguish, he will exclaim: 'Others are better than I, they wanted to save me, not to ruin me!' Oh, this act of mercy is so easy for you, for in the absence of anything like real evidence it will be too awful for you to pronounce: 'Yes, he is guilty.'


"Better acquit ten guilty men than punish one innocent man! Do you hear, do you hear that majestic voice from the past century of our glorious history? It is not for an insignificant person like me to remind you that the Russian court does not exist for the punishment only, but also for the salvation of the criminal! Let other nations think of retribution and the letter of the law, we will cling to the spirit and the meaning—the salvation and the reformation of the lost. If this is true, if Russia and her justice are such, she may go forward with good cheer! Do not try to scare us with your frenzied troikas from which all the nations stand aside in disgust. Not a runaway troika, but the stately chariot of Russia will move calmly and majestically to its goal. In your hands is the fate of my client, in your hands is the fate of Russian justice. You will defend it, you will save it, you will prove that there are men to watch over it, that it is in good hands!"


Chapter XIV. The Peasants Stand Firm