At ten o'clock in the morning of the day following the events I have described, the trial of Dmitri Karamazov began in our district court.
I hasten to emphasize the fact that I am far from esteeming myself capable of reporting all that took place at the trial in full detail, or even in the actual order of events. I imagine that to mention everything with full explanation would fill a volume, even a very large one. And so I trust I may not be reproached, for confining myself to what struck me. I may have selected as of most interest what was of secondary importance, and may have omitted the most prominent and essential details. But I see I shall do better not to apologize. I will do my best and the reader will see for himself that I have done all I can.
And, to begin with, before entering the court, I will mention what surprised me most on that day. Indeed, as it appeared later, every one was surprised at it, too. We all knew that the affair had aroused great interest, that every one was burning with impatience for the trial to begin, that it had been a subject of talk, conjecture, exclamation and surmise for the last two months in local society. Every one knew, too, that the case had become known throughout Russia, but yet we had not imagined that it had aroused such burning, such intense, interest in every one, not only among ourselves, but all over Russia. This became evident at the trial this day.
Visitors had arrived not only from the chief town of our province, but from several other Russian towns, as well as from Moscow and Petersburg. Among them were lawyers, ladies, and even several distinguished personages. Every ticket of admission had been [pg 744] snatched up. A special place behind the table at which the three judges sat was set apart for the most distinguished and important of the men visitors; a row of arm-chairs had been placed there—something exceptional, which had never been allowed before. A large proportion—not less than half of the public—were ladies. There was such a large number of lawyers from all parts that they did not know where to seat them, for every ticket had long since been eagerly sought for and distributed. I saw at the end of the room, behind the platform, a special partition hurriedly put up, behind which all these lawyers were admitted, and they thought themselves lucky to have standing room there, for all chairs had been removed for the sake of space, and the crowd behind the partition stood throughout the case closely packed, shoulder to shoulder.
Some of the ladies, especially those who came from a distance, made their appearance in the gallery very smartly dressed, but the majority of the ladies were oblivious even of dress. Their faces betrayed hysterical, intense, almost morbid, curiosity. A peculiar fact—established afterwards by many observations—was that almost all the ladies, or, at least the vast majority of them, were on Mitya's side and in favor of his being acquitted. This was perhaps chiefly owing to his reputation as a conqueror of female hearts. It was known that two women rivals were to appear in the case. One of them—Katerina Ivanovna—was an object of general interest. All sorts of extraordinary tales were told about her, amazing anecdotes of her passion for Mitya, in spite of his crime. Her pride and “aristocratic connections” were particularly insisted upon (she had called upon scarcely any one in the town). People said she intended to petition the Government for leave to accompany the criminal to Siberia and to be married to him somewhere in the mines. The appearance of Grushenka in court was awaited with no less impatience. The public was looking forward with anxious curiosity to the meeting of the two rivals—the proud aristocratic girl and “the hetaira.” But Grushenka was a more familiar figure to the ladies of the district than Katerina Ivanovna. They had already seen “the woman who had ruined Fyodor Pavlovitch and his unhappy son,” and all, almost without exception, wondered how father and son could be so in love with “such a very common, ordinary Russian girl, who was not even pretty.”
[pg 745]In brief, there was a great deal of talk. I know for a fact that there were several serious family quarrels on Mitya's account in our town. Many ladies quarreled violently with their husbands over differences of opinion about the dreadful case, and it was only natural that the husbands of these ladies, far from being favorably disposed to the prisoner, should enter the court bitterly prejudiced against him. In fact, one may say pretty certainly that the masculine, as distinguished from the feminine, part of the audience were biased against the prisoner. There were numbers of severe, frowning, even vindictive faces. Mitya, indeed, had managed to offend many people during his stay in the town. Some of the visitors were, of course, in excellent spirits and quite unconcerned as to the fate of Mitya personally. But all were interested in the trial, and the majority of the men were certainly hoping for the conviction of the criminal, except perhaps the lawyers, who were more interested in the legal than in the moral aspect of the case.
Everybody was excited at the presence of the celebrated lawyer, Fetyukovitch. His talent was well known, and this was not the first time he had defended notorious criminal cases in the provinces. And if he defended them, such cases became celebrated and long remembered all over Russia. There were stories, too, about our prosecutor and about the President of the Court. It was said that Ippolit Kirillovitch was in a tremor at meeting Fetyukovitch, and that they had been enemies from the beginning of their careers in Petersburg, that though our sensitive prosecutor, who always considered that he had been aggrieved by some one in Petersburg because his talents had not been properly appreciated, was keenly excited over the Karamazov case, and was even dreaming of rebuilding his flagging fortunes by means of it, Fetyukovitch, they said, was his one anxiety. But these rumors were not quite just. Our prosecutor was not one of those men who lose heart in face of danger. On the contrary, his self-confidence increased with the increase of danger. It must be noted that our prosecutor was in general too hasty and morbidly impressionable. He would put his whole soul into some case and work at it as though his whole fate and his whole fortune depended on its result. This was the subject of some ridicule in the legal world, for just by this characteristic our prosecutor had gained a wider notoriety than could have been expected [pg 746] from his modest position. People laughed particularly at his passion for psychology. In my opinion, they were wrong, and our prosecutor was, I believe, a character of greater depth than was generally supposed. But with his delicate health he had failed to make his mark at the outset of his career and had never made up for it later.
As for the President of our Court, I can only say that he was a humane and cultured man, who had a practical knowledge of his work and progressive views. He was rather ambitious, but did not concern himself greatly about his future career. The great aim of his life was to be a man of advanced ideas. He was, too, a man of connections and property. He felt, as we learnt afterwards, rather strongly about the Karamazov case, but from a social, not from a personal standpoint. He was interested in it as a social phenomenon, in its classification and its character as a product of our social conditions, as typical of the national character, and so on, and so on. His attitude to the personal aspect of the case, to its tragic significance and the persons involved in it, including the prisoner, was rather indifferent and abstract, as was perhaps fitting, indeed.
The court was packed and overflowing long before the judges made their appearance. Our court is the best hall in the town—spacious, lofty, and good for sound. On the right of the judges, who were on a raised platform, a table and two rows of chairs had been put ready for the jury. On the left was the place for the prisoner and the counsel for the defense. In the middle of the court, near the judges, was a table with the “material proofs.” On it lay Fyodor Pavlovitch's white silk dressing-gown, stained with blood; the fatal brass pestle with which the supposed murder had been committed; Mitya's shirt, with a blood-stained sleeve; his coat, stained with blood in patches over the pocket in which he had put his handkerchief; the handkerchief itself, stiff with blood and by now quite yellow; the pistol loaded by Mitya at Perhotin's with a view to suicide, and taken from him on the sly at Mokroe by Trifon Borissovitch; the envelope in which the three thousand roubles had been put ready for Grushenka, the narrow pink ribbon with which it had been tied, and many other articles I don't remember. In the body of the hall, at some distance, came the seats for the public. But in front of the balustrade a few chairs had been placed for witnesses who remained in the court after giving their evidence.
[pg 747]At ten o'clock the three judges arrived—the President, one honorary justice of the peace, and one other. The prosecutor, of course, entered immediately after. The President was a short, stout, thick-set man of fifty, with a dyspeptic complexion, dark hair turning gray and cut short, and a red ribbon, of what Order I don't remember. The prosecutor struck me and the others, too, as looking particularly pale, almost green. His face seemed to have grown suddenly thinner, perhaps in a single night, for I had seen him looking as usual only two days before. The President began with asking the court whether all the jury were present.
But I see I can't go on like this, partly because some things I did not hear, others I did not notice, and others I have forgotten, but most of all because, as I have said before, I have literally no time or space to mention everything that was said and done. I only know that neither side objected to very many of the jurymen. I remember the twelve jurymen—four were petty officials of the town, two were merchants, and six peasants and artisans of the town. I remember, long before the trial, questions were continually asked with some surprise, especially by ladies: “Can such a delicate, complex and psychological case be submitted for decision to petty officials and even peasants?” and “What can an official, still more a peasant, understand in such an affair?” All the four officials in the jury were, in fact, men of no consequence and of low rank. Except one who was rather younger, they were gray-headed men, little known in society, who had vegetated on a pitiful salary, and who probably had elderly, unpresentable wives and crowds of children, perhaps even without shoes and stockings. At most, they spent their leisure over cards and, of course, had never read a single book. The two merchants looked respectable, but were strangely silent and stolid. One of them was close-shaven, and was dressed in European style; the other had a small, gray beard, and wore a red ribbon with some sort of a medal upon it on his neck. There is no need to speak of the artisans and the peasants. The artisans of Skotoprigonyevsk are almost peasants, and even work on the land. Two of them also wore European dress, and, perhaps for that reason, were dirtier and more uninviting-looking than the others. So that one might well wonder, as I did as soon as I had looked at them, “what men like that could possibly make of such a case?” Yet their faces made a strangely [pg 748] imposing, almost menacing, impression; they were stern and frowning.
At last the President opened the case of the murder of Fyodor Pavlovitch Karamazov. I don't quite remember how he described him. The court usher was told to bring in the prisoner, and Mitya made his appearance. There was a hush through the court. One could have heard a fly. I don't know how it was with others, but Mitya made a most unfavorable impression on me. He looked an awful dandy in a brand-new frock-coat. I heard afterwards that he had ordered it in Moscow expressly for the occasion from his own tailor, who had his measure. He wore immaculate black kid gloves and exquisite linen. He walked in with his yard-long strides, looking stiffly straight in front of him, and sat down in his place with a most unperturbed air.
At the same moment the counsel for defense, the celebrated Fetyukovitch, entered, and a sort of subdued hum passed through the court. He was a tall, spare man, with long thin legs, with extremely long, thin, pale fingers, clean-shaven face, demurely brushed, rather short hair, and thin lips that were at times curved into something between a sneer and a smile. He looked about forty. His face would have been pleasant, if it had not been for his eyes, which, in themselves small and inexpressive, were set remarkably close together, with only the thin, long nose as a dividing line between them. In fact, there was something strikingly birdlike about his face. He was in evening dress and white tie.
I remember the President's first questions to Mitya, about his name, his calling, and so on. Mitya answered sharply, and his voice was so unexpectedly loud that it made the President start and look at the prisoner with surprise. Then followed a list of persons who were to take part in the proceedings—that is, of the witnesses and experts. It was a long list. Four of the witnesses were not present—Miüsov, who had given evidence at the preliminary inquiry, but was now in Paris; Madame Hohlakov and Maximov, who were absent through illness; and Smerdyakov, through his sudden death, of which an official statement from the police was presented. The news of Smerdyakov's death produced a sudden stir and whisper in the court. Many of the audience, of course, had not heard of the sudden suicide. What struck people most was Mitya's sudden outburst [pg 749] As soon as the statement of Smerdyakov's death was made, he cried out aloud from his place:
“He was a dog and died like a dog!”
I remember how his counsel rushed to him, and how the President addressed him, threatening to take stern measures, if such an irregularity were repeated. Mitya nodded and in a subdued voice repeated several times abruptly to his counsel, with no show of regret:
“I won't again, I won't. It escaped me. I won't do it again.”
And, of course, this brief episode did him no good with the jury or the public. His character was displayed, and it spoke for itself. It was under the influence of this incident that the opening statement was read. It was rather short, but circumstantial. It only stated the chief reasons why he had been arrested, why he must be tried, and so on. Yet it made a great impression on me. The clerk read it loudly and distinctly. The whole tragedy was suddenly unfolded before us, concentrated, in bold relief, in a fatal and pitiless light. I remember how, immediately after it had been read, the President asked Mitya in a loud impressive voice:
“Prisoner, do you plead guilty?”
Mitya suddenly rose from his seat.
“I plead guilty to drunkenness and dissipation,” he exclaimed, again in a startling, almost frenzied, voice, “to idleness and debauchery. I meant to become an honest man for good, just at the moment when I was struck down by fate. But I am not guilty of the death of that old man, my enemy and my father. No, no, I am not guilty of robbing him! I could not be. Dmitri Karamazov is a scoundrel, but not a thief.”
He sat down again, visibly trembling all over. The President again briefly, but impressively, admonished him to answer only what was asked, and not to go off into irrelevant exclamations. Then he ordered the case to proceed. All the witnesses were led up to take the oath. Then I saw them all together. The brothers of the prisoner were, however, allowed to give evidence without taking the oath. After an exhortation from the priest and the President, the witnesses were led away and were made to sit as far as possible apart from one another. Then they began calling them up one by one.
I do not know whether the witnesses for the defense and for the prosecution were separated into groups by the President, and whether it was arranged to call them in a certain order. But no doubt it was so. I only know that the witnesses for the prosecution were called first. I repeat I don't intend to describe all the questions step by step. Besides, my account would be to some extent superfluous, because in the speeches for the prosecution and for the defense the whole course of the evidence was brought together and set in a strong and significant light, and I took down parts of those two remarkable speeches in full, and will quote them in due course, together with one extraordinary and quite unexpected episode, which occurred before the final speeches, and undoubtedly influenced the sinister and fatal outcome of the trial.
I will only observe that from the first moments of the trial one peculiar characteristic of the case was conspicuous and observed by all, that is, the overwhelming strength of the prosecution as compared with the arguments the defense had to rely upon. Every one realized it from the first moment that the facts began to group themselves round a single point, and the whole horrible and bloody crime was gradually revealed. Every one, perhaps, felt from the first that the case was beyond dispute, that there was no doubt about it, that there could be really no discussion, and that the defense was only a matter of form, and that the prisoner was guilty, obviously and conclusively guilty. I imagine that even the ladies, who were so impatiently longing for the acquittal of the interesting prisoner, were at the same time, without exception, convinced of his guilt. What's more, I believe they would have been mortified if his guilt had not been so firmly established, as that would have lessened the effect of the closing scene of the criminal's acquittal. That he would be acquitted, all the ladies, strange to say, were firmly persuaded up to the very last moment. “He is guilty, but he will be acquitted, from motives of humanity, in accordance with the new ideas, the new sentiments that had come into fashion,” and so on, [pg 751] and so on. And that was why they had crowded into the court so impatiently. The men were more interested in the contest between the prosecutor and the famous Fetyukovitch. All were wondering and asking themselves what could even a talent like Fetyukovitch's make of such a desperate case; and so they followed his achievements, step by step, with concentrated attention.
But Fetyukovitch remained an enigma to all up to the very end, up to his speech. Persons of experience suspected that he had some design, that he was working towards some object, but it was almost impossible to guess what it was. His confidence and self-reliance were unmistakable, however. Every one noticed with pleasure, moreover, that he, after so short a stay, not more than three days, perhaps, among us, had so wonderfully succeeded in mastering the case and “had studied it to a nicety.” People described with relish, afterwards, how cleverly he had “taken down” all the witnesses for the prosecution, and as far as possible perplexed them and, what's more, had aspersed their reputation and so depreciated the value of their evidence. But it was supposed that he did this rather by way of sport, so to speak, for professional glory, to show nothing had been omitted of the accepted methods, for all were convinced that he could do no real good by such disparagement of the witnesses, and probably was more aware of this than any one, having some idea of his own in the background, some concealed weapon of defense, which he would suddenly reveal when the time came. But meanwhile, conscious of his strength, he seemed to be diverting himself.
So, for instance, when Grigory, Fyodor Pavlovitch's old servant, who had given the most damning piece of evidence about the open door, was examined, the counsel for the defense positively fastened upon him when his turn came to question him. It must be noted that Grigory entered the hall with a composed and almost stately air, not the least disconcerted by the majesty of the court or the vast audience listening to him. He gave evidence with as much confidence as though he had been talking with his Marfa, only perhaps more respectfully. It was impossible to make him contradict himself. The prosecutor questioned him first in detail about the family life of the Karamazovs. The family picture stood out in lurid colors. It was plain to ear and eye that the witness was guileless and impartial. In spite of his profound reverence for the memory of his [pg 752] deceased master, he yet bore witness that he had been unjust to Mitya and “hadn't brought up his children as he should. He'd have been devoured by lice when he was little, if it hadn't been for me,” he added, describing Mitya's early childhood. “It wasn't fair either of the father to wrong his son over his mother's property, which was by right his.”
In reply to the prosecutor's question what grounds he had for asserting that Fyodor Pavlovitch had wronged his son in their money relations, Grigory, to the surprise of every one, had no proof at all to bring forward, but he still persisted that the arrangement with the son was “unfair,” and that he ought “to have paid him several thousand roubles more.” I must note, by the way, that the prosecutor asked this question whether Fyodor Pavlovitch had really kept back part of Mitya's inheritance with marked persistence of all the witnesses who could be asked it, not excepting Alyosha and Ivan, but he obtained no exact information from any one; all alleged that it was so, but were unable to bring forward any distinct proof. Grigory's description of the scene at the dinner-table, when Dmitri had burst in and beaten his father, threatening to come back to kill him, made a sinister impression on the court, especially as the old servant's composure in telling it, his parsimony of words and peculiar phraseology, were as effective as eloquence. He observed that he was not angry with Mitya for having knocked him down and struck him on the face; he had forgiven him long ago, he said. Of the deceased Smerdyakov he observed, crossing himself, that he was a lad of ability, but stupid and afflicted, and, worse still, an infidel, and that it was Fyodor Pavlovitch and his elder son who had taught him to be so. But he defended Smerdyakov's honesty almost with warmth, and related how Smerdyakov had once found the master's money in the yard, and, instead of concealing it, had taken it to his master, who had rewarded him with a “gold piece” for it, and trusted him implicitly from that time forward. He maintained obstinately that the door into the garden had been open. But he was asked so many questions that I can't recall them all.
At last the counsel for the defense began to cross-examine him, and the first question he asked was about the envelope in which Fyodor Pavlovitch was supposed to have put three thousand roubles for “a certain person.” “Have you ever seen it, you, who were for [pg 753] so many years in close attendance on your master?” Grigory answered that he had not seen it and had never heard of the money from any one “till everybody was talking about it.” This question about the envelope Fetyukovitch put to every one who could conceivably have known of it, as persistently as the prosecutor asked his question about Dmitri's inheritance, and got the same answer from all, that no one had seen the envelope, though many had heard of it. From the beginning every one noticed Fetyukovitch's persistence on this subject.
“Now, with your permission I'll ask you a question,” Fetyukovitch said, suddenly and unexpectedly. “Of what was that balsam, or, rather, decoction, made, which, as we learn from the preliminary inquiry, you used on that evening to rub your lumbago, in the hope of curing it?”
Grigory looked blankly at the questioner, and after a brief silence muttered, “There was saffron in it.”
“Nothing but saffron? Don't you remember any other ingredient?”
“There was milfoil in it, too.”
“And pepper perhaps?” Fetyukovitch queried.
“Yes, there was pepper, too.”
“Etcetera. And all dissolved in vodka?”
“In spirit.”
There was a faint sound of laughter in the court.
“You see, in spirit. After rubbing your back, I believe, you drank what was left in the bottle with a certain pious prayer, only known to your wife?”
“I did.”
“Did you drink much? Roughly speaking, a wine-glass or two?”
“It might have been a tumbler-full.”
“A tumbler-full, even. Perhaps a tumbler and a half?”
Grigory did not answer. He seemed to see what was meant.
“A glass and a half of neat spirit—is not at all bad, don't you think? You might see the gates of heaven open, not only the door into the garden?”
Grigory remained silent. There was another laugh in the court. The President made a movement.
[pg 754]“Do you know for a fact,” Fetyukovitch persisted, “whether you were awake or not when you saw the open door?”
“I was on my legs.”
“That's not a proof that you were awake.” (There was again laughter in the court.) “Could you have answered at that moment, if any one had asked you a question—for instance, what year it is?”
“I don't know.”
“And what year is it, Anno Domini, do you know?”
Grigory stood with a perplexed face, looking straight at his tormentor. Strange to say, it appeared he really did not know what year it was.
“But perhaps you can tell me how many fingers you have on your hands?”
“I am a servant,” Grigory said suddenly, in a loud and distinct voice. “If my betters think fit to make game of me, it is my duty to suffer it.”
Fetyukovitch was a little taken aback, and the President intervened, reminding him that he must ask more relevant questions. Fetyukovitch bowed with dignity and said that he had no more questions to ask of the witness. The public and the jury, of course, were left with a grain of doubt in their minds as to the evidence of a man who might, while undergoing a certain cure, have seen “the gates of heaven,” and who did not even know what year he was living in. But before Grigory left the box another episode occurred. The President, turning to the prisoner, asked him whether he had any comment to make on the evidence of the last witness.
“Except about the door, all he has said is true,” cried Mitya, in a loud voice. “For combing the lice off me, I thank him; for forgiving my blows, I thank him. The old man has been honest all his life and as faithful to my father as seven hundred poodles.”
“Prisoner, be careful in your language,” the President admonished him.
“I am not a poodle,” Grigory muttered.
“All right, it's I am a poodle myself,” cried Mitya. “If it's an insult, I take it to myself and I beg his pardon. I was a beast and cruel to him. I was cruel to Æsop too.”
“What Æsop?” the President asked sternly again.
[pg 755]“Oh, Pierrot ... my father, Fyodor Pavlovitch.”
The President again and again warned Mitya impressively and very sternly to be more careful in his language.
“You are injuring yourself in the opinion of your judges.”
The counsel for the defense was equally clever in dealing with the evidence of Rakitin. I may remark that Rakitin was one of the leading witnesses and one to whom the prosecutor attached great significance. It appeared that he knew everything; his knowledge was amazing, he had been everywhere, seen everything, talked to everybody, knew every detail of the biography of Fyodor Pavlovitch and all the Karamazovs. Of the envelope, it is true, he had only heard from Mitya himself. But he described minutely Mitya's exploits in the “Metropolis,” all his compromising doings and sayings, and told the story of Captain Snegiryov's “wisp of tow.” But even Rakitin could say nothing positive about Mitya's inheritance, and confined himself to contemptuous generalities.
“Who could tell which of them was to blame, and which was in debt to the other, with their crazy Karamazov way of muddling things so that no one could make head or tail of it?” He attributed the tragic crime to the habits that had become ingrained by ages of serfdom and the distressed condition of Russia, due to the lack of appropriate institutions. He was, in fact, allowed some latitude of speech. This was the first occasion on which Rakitin showed what he could do, and attracted notice. The prosecutor knew that the witness was preparing a magazine article on the case, and afterwards in his speech, as we shall see later, quoted some ideas from the article, showing that he had seen it already. The picture drawn by the witness was a gloomy and sinister one, and greatly strengthened the case for the prosecution. Altogether, Rakitin's discourse fascinated the public by its independence and the extraordinary nobility of its ideas. There were even two or three outbreaks of applause when he spoke of serfdom and the distressed condition of Russia.
But Rakitin, in his youthful ardor, made a slight blunder, of which the counsel for the defense at once adroitly took advantage. Answering certain questions about Grushenka, and carried away by the loftiness of his own sentiments and his success, of which he was, of course, conscious, he went so far as to speak somewhat contemptuously of Agrafena Alexandrovna as “the kept mistress of Samsonov.” [pg 756] He would have given a good deal to take back his words afterwards, for Fetyukovitch caught him out over it at once. And it was all because Rakitin had not reckoned on the lawyer having been able to become so intimately acquainted with every detail in so short a time.
“Allow me to ask,” began the counsel for the defense, with the most affable and even respectful smile, “you are, of course, the same Mr. Rakitin whose pamphlet, The Life of the Deceased Elder, Father Zossima, published by the diocesan authorities, full of profound and religious reflections and preceded by an excellent and devout dedication to the bishop, I have just read with such pleasure?”
“I did not write it for publication ... it was published afterwards,” muttered Rakitin, for some reason fearfully disconcerted and almost ashamed.
“Oh, that's excellent! A thinker like you can, and indeed ought to, take the widest view of every social question. Your most instructive pamphlet has been widely circulated through the patronage of the bishop, and has been of appreciable service.... But this is the chief thing I should like to learn from you. You stated just now that you were very intimately acquainted with Madame Svyetlov.” (It must be noted that Grushenka's surname was Svyetlov. I heard it for the first time that day, during the case.)
“I cannot answer for all my acquaintances.... I am a young man ... and who can be responsible for every one he meets?” cried Rakitin, flushing all over.
“I understand, I quite understand,” cried Fetyukovitch, as though he, too, were embarrassed and in haste to excuse himself. “You, like any other, might well be interested in an acquaintance with a young and beautiful woman who would readily entertain the élite of the youth of the neighborhood, but ... I only wanted to know ... It has come to my knowledge that Madame Svyetlov was particularly anxious a couple of months ago to make the acquaintance of the younger Karamazov, Alexey Fyodorovitch, and promised you twenty-five roubles, if you would bring him to her in his monastic dress. And that actually took place on the evening of the day on which the terrible crime, which is the subject of the present investigation, was committed. You brought Alexey Karamazov to Madame Svyetlov, and did you receive the twenty-five roubles from [pg 757] Madame Svyetlov as a reward, that's what I wanted to hear from you?”
“It was a joke.... I don't see of what interest that can be to you.... I took it for a joke ... meaning to give it back later....”
“Then you did take— But you have not given it back yet ... or have you?”
“That's of no consequence,” muttered Rakitin, “I refuse to answer such questions.... Of course I shall give it back.”
The President intervened, but Fetyukovitch declared he had no more questions to ask of the witness. Mr. Rakitin left the witness-box not absolutely without a stain upon his character. The effect left by the lofty idealism of his speech was somewhat marred, and Fetyukovitch's expression, as he watched him walk away, seemed to suggest to the public “this is a specimen of the lofty-minded persons who accuse him.” I remember that this incident, too, did not pass off without an outbreak from Mitya. Enraged by the tone in which Rakitin had referred to Grushenka, he suddenly shouted “Bernard!” When, after Rakitin's cross-examination, the President asked the prisoner if he had anything to say, Mitya cried loudly:
“Since I've been arrested, he has borrowed money from me! He is a contemptible Bernard and opportunist, and he doesn't believe in God; he took the bishop in!”
Mitya, of course, was pulled up again for the intemperance of his language, but Rakitin was done for. Captain Snegiryov's evidence was a failure, too, but from quite a different reason. He appeared in ragged and dirty clothes, muddy boots, and in spite of the vigilance and expert observation of the police officers, he turned out to be hopelessly drunk. On being asked about Mitya's attack upon him, he refused to answer.
“God bless him. Ilusha told me not to. God will make it up to me yonder.”
“Who told you not to tell? Of whom are you talking?”
“Ilusha, my little son. ‘Father, father, how he insulted you!’ He said that at the stone. Now he is dying....”
The captain suddenly began sobbing, and plumped down on his knees before the President. He was hurriedly led away amidst the [pg 758] laughter of the public. The effect prepared by the prosecutor did not come off at all.
Fetyukovitch went on making the most of every opportunity, and amazed people more and more by his minute knowledge of the case. Thus, for example, Trifon Borissovitch made a great impression, of course, very prejudicial to Mitya. He calculated almost on his fingers that on his first visit to Mokroe, Mitya must have spent three thousand roubles, “or very little less. Just think what he squandered on those gypsy girls alone! And as for our lousy peasants, it wasn't a case of flinging half a rouble in the street, he made them presents of twenty-five roubles each, at least, he didn't give them less. And what a lot of money was simply stolen from him! And if any one did steal, he did not leave a receipt. How could one catch the thief when he was flinging his money away all the time? Our peasants are robbers, you know; they have no care for their souls. And the way he went on with the girls, our village girls! They're completely set up since then, I tell you, they used to be poor.” He recalled, in fact, every item of expense and added it all up. So the theory that only fifteen hundred had been spent and the rest had been put aside in a little bag seemed inconceivable.
“I saw three thousand as clear as a penny in his hands, I saw it with my own eyes; I should think I ought to know how to reckon money,” cried Trifon Borissovitch, doing his best to satisfy “his betters.”
When Fetyukovitch had to cross-examine him, he scarcely tried to refute his evidence, but began asking him about an incident at the first carousal at Mokroe, a month before the arrest, when Timofey and another peasant called Akim had picked up on the floor in the passage a hundred roubles dropped by Mitya when he was drunk, and had given them to Trifon Borissovitch and received a rouble each from him for doing so. “Well,” asked the lawyer, “did you give that hundred roubles back to Mr. Karamazov?” Trifon Borissovitch shuffled in vain.... He was obliged, after the peasants had been examined, to admit the finding of the hundred roubles, only adding that he had religiously returned it all to Dmitri Fyodorovitch “in perfect honesty, and it's only because his honor was in liquor at the time, he wouldn't remember it.” But, as he had denied the incident of the hundred roubles till the peasants had been called [pg 759] to prove it, his evidence as to returning the money to Mitya was naturally regarded with great suspicion. So one of the most dangerous witnesses brought forward by the prosecution was again discredited.
The same thing happened with the Poles. They took up an attitude of pride and independence; they vociferated loudly that they had both been in the service of the Crown, and that “Pan Mitya” had offered them three thousand “to buy their honor,” and that they had seen a large sum of money in his hands. Pan Mussyalovitch introduced a terrible number of Polish words into his sentences, and seeing that this only increased his consequence in the eyes of the President and the prosecutor, grew more and more pompous, and ended by talking in Polish altogether. But Fetyukovitch caught them, too, in his snares. Trifon Borissovitch, recalled, was forced, in spite of his evasions, to admit that Pan Vrublevsky had substituted another pack of cards for the one he had provided, and that Pan Mussyalovitch had cheated during the game. Kalganov confirmed this, and both the Poles left the witness-box with damaged reputations, amidst laughter from the public.
Then exactly the same thing happened with almost all the most dangerous witnesses. Fetyukovitch succeeded in casting a slur on all of them, and dismissing them with a certain derision. The lawyers and experts were lost in admiration, and were only at a loss to understand what good purpose could be served by it, for all, I repeat, felt that the case for the prosecution could not be refuted, but was growing more and more tragically overwhelming. But from the confidence of the “great magician” they saw that he was serene, and they waited, feeling that “such a man” had not come from Petersburg for nothing, and that he was not a man to return unsuccessful.
The evidence of the medical experts, too, was of little use to the prisoner. And it appeared later that Fetyukovitch had not reckoned much upon it. The medical line of defense had only been [pg 760] taken up through the insistence of Katerina Ivanovna, who had sent for a celebrated doctor from Moscow on purpose. The case for the defense could, of course, lose nothing by it and might, with luck, gain something from it. There was, however, an element of comedy about it, through the difference of opinion of the doctors. The medical experts were the famous doctor from Moscow, our doctor, Herzenstube, and the young doctor, Varvinsky. The two latter appeared also as witnesses for the prosecution.
The first to be called in the capacity of expert was Doctor Herzenstube. He was a gray and bald old man of seventy, of middle height and sturdy build. He was much esteemed and respected by every one in the town. He was a conscientious doctor and an excellent and pious man, a Hernguter or Moravian brother, I am not quite sure which. He had been living amongst us for many years and behaved with wonderful dignity. He was a kind-hearted and humane man. He treated the sick poor and peasants for nothing, visited them in their slums and huts, and left money for medicine, but he was as obstinate as a mule. If once he had taken an idea into his head, there was no shaking it. Almost every one in the town was aware, by the way, that the famous doctor had, within the first two or three days of his presence among us, uttered some extremely offensive allusions to Doctor Herzenstube's qualifications. Though the Moscow doctor asked twenty-five roubles for a visit, several people in the town were glad to take advantage of his arrival, and rushed to consult him regardless of expense. All these had, of course, been previously patients of Doctor Herzenstube, and the celebrated doctor had criticized his treatment with extreme harshness. Finally, he had asked the patients as soon as he saw them, “Well, who has been cramming you with nostrums? Herzenstube? He, he!” Doctor Herzenstube, of course, heard all this, and now all the three doctors made their appearance, one after another, to be examined.
Doctor Herzenstube roundly declared that the abnormality of the prisoner's mental faculties was self-evident. Then giving his grounds for this opinion, which I omit here, he added that the abnormality was not only evident in many of the prisoner's actions in the past, but was apparent even now at this very moment. When he was asked to explain how it was apparent now at this moment, [pg 761] the old doctor, with simple-hearted directness, pointed out that the prisoner on entering the court had “an extraordinary air, remarkable in the circumstances”; that he had “marched in like a soldier, looking straight before him, though it would have been more natural for him to look to the left where, among the public, the ladies were sitting, seeing that he was a great admirer of the fair sex and must be thinking much of what the ladies are saying of him now,” the old man concluded in his peculiar language.
I must add that he spoke Russian readily, but every phrase was formed in German style, which did not, however, trouble him, for it had always been a weakness of his to believe that he spoke Russian perfectly, better indeed than Russians. And he was very fond of using Russian proverbs, always declaring that the Russian proverbs were the best and most expressive sayings in the whole world. I may remark, too, that in conversation, through absent-mindedness he often forgot the most ordinary words, which sometimes went out of his head, though he knew them perfectly. The same thing happened, though, when he spoke German, and at such times he always waved his hand before his face as though trying to catch the lost word, and no one could induce him to go on speaking till he had found the missing word. His remark that the prisoner ought to have looked at the ladies on entering roused a whisper of amusement in the audience. All our ladies were very fond of our old doctor; they knew, too, that having been all his life a bachelor and a religious man of exemplary conduct, he looked upon women as lofty creatures. And so his unexpected observation struck every one as very queer.
The Moscow doctor, being questioned in his turn, definitely and emphatically repeated that he considered the prisoner's mental condition abnormal in the highest degree. He talked at length and with erudition of “aberration” and “mania,” and argued that, from all the facts collected, the prisoner had undoubtedly been in a condition of aberration for several days before his arrest, and, if the crime had been committed by him, it must, even if he were conscious of it, have been almost involuntary, as he had not the power to control the morbid impulse that possessed him.
But apart from temporary aberration, the doctor diagnosed mania, which premised, in his words, to lead to complete insanity in the future. (It must be noted that I report this in my own words, the [pg 762] doctor made use of very learned and professional language.) “All his actions are in contravention of common sense and logic,” he continued. “Not to refer to what I have not seen, that is, the crime itself and the whole catastrophe, the day before yesterday, while he was talking to me, he had an unaccountably fixed look in his eye. He laughed unexpectedly when there was nothing to laugh at. He showed continual and inexplicable irritability, using strange words, ‘Bernard!’ ‘Ethics!’ and others equally inappropriate.” But the doctor detected mania, above all, in the fact that the prisoner could not even speak of the three thousand roubles, of which he considered himself to have been cheated, without extraordinary irritation, though he could speak comparatively lightly of other misfortunes and grievances. According to all accounts, he had even in the past, whenever the subject of the three thousand roubles was touched on, flown into a perfect frenzy, and yet he was reported to be a disinterested and not grasping man.
“As to the opinion of my learned colleague,” the Moscow doctor added ironically in conclusion, “that the prisoner would, on entering the court, have naturally looked at the ladies and not straight before him, I will only say that, apart from the playfulness of this theory, it is radically unsound. For though I fully agree that the prisoner, on entering the court where his fate will be decided, would not naturally look straight before him in that fixed way, and that that may really be a sign of his abnormal mental condition, at the same time I maintain that he would naturally not look to the left at the ladies, but, on the contrary, to the right to find his legal adviser, on whose help all his hopes rest and on whose defense all his future depends.” The doctor expressed his opinion positively and emphatically.
But the unexpected pronouncement of Doctor Varvinsky gave the last touch of comedy to the difference of opinion between the experts. In his opinion the prisoner was now, and had been all along, in a perfectly normal condition, and, although he certainly must have been in a nervous and exceedingly excited state before his arrest, this might have been due to several perfectly obvious causes, jealousy, anger, continual drunkenness, and so on. But this nervous condition would not involve the mental aberration of which mention had just been made. As to the question whether the prisoner should have looked to the left or to the right on entering the [pg 763] court, “in his modest opinion,” the prisoner would naturally look straight before him on entering the court, as he had in fact done, as that was where the judges, on whom his fate depended, were sitting. So that it was just by looking straight before him that he showed his perfectly normal state of mind at the present. The young doctor concluded his “modest” testimony with some heat.
“Bravo, doctor!” cried Mitya, from his seat, “just so!”
Mitya, of course, was checked, but the young doctor's opinion had a decisive influence on the judges and on the public, and, as appeared afterwards, every one agreed with him. But Doctor Herzenstube, when called as a witness, was quite unexpectedly of use to Mitya. As an old resident in the town who had known the Karamazov family for years, he furnished some facts of great value for the prosecution, and suddenly, as though recalling something, he added:
“But the poor young man might have had a very different life, for he had a good heart both in childhood and after childhood, that I know. But the Russian proverb says, ‘If a man has one head, it's good, but if another clever man comes to visit him, it would be better still, for then there will be two heads and not only one.’ ”
“One head is good, but two are better,” the prosecutor put in impatiently. He knew the old man's habit of talking slowly and deliberately, regardless of the impression he was making and of the delay he was causing, and highly prizing his flat, dull and always gleefully complacent German wit. The old man was fond of making jokes.
“Oh, yes, that's what I say,” he went on stubbornly. “One head is good, but two are much better, but he did not meet another head with wits, and his wits went. Where did they go? I've forgotten the word.” He went on, passing his hand before his eyes, “Oh, yes, spazieren.”
“Wandering?”
“Oh, yes, wandering, that's what I say. Well, his wits went wandering and fell in such a deep hole that he lost himself. And yet he was a grateful and sensitive boy. Oh, I remember him very well, a little chap so high, left neglected by his father in the back yard, when he ran about without boots on his feet, and his little breeches hanging by one button.”
[pg 764]A note of feeling and tenderness suddenly came into the honest old man's voice. Fetyukovitch positively started, as though scenting something, and caught at it instantly.
“Oh, yes, I was a young man then.... I was ... well, I was forty-five then, and had only just come here. And I was so sorry for the boy then; I asked myself why shouldn't I buy him a pound of ... a pound of what? I've forgotten what it's called. A pound of what children are very fond of, what is it, what is it?” The doctor began waving his hands again. “It grows on a tree and is gathered and given to every one....”
“Apples?”
“Oh, no, no. You have a dozen of apples, not a pound.... No, there are a lot of them, and all little. You put them in the mouth and crack.”
“Nuts?”
“Quite so, nuts, I say so.” The doctor repeated in the calmest way as though he had been at no loss for a word. “And I bought him a pound of nuts, for no one had ever bought the boy a pound of nuts before. And I lifted my finger and said to him, ‘Boy, Gott der Vater.’ He laughed and said, ‘Gott der Vater.’... ‘Gott der Sohn.’ He laughed again and lisped, ‘Gott der Sohn.’ ‘Gott der heilige Geist.’ Then he laughed and said as best he could, ‘Gott der heilige Geist.’ I went away, and two days after I happened to be passing, and he shouted to me of himself, ‘Uncle, Gott der Vater, Gott der Sohn,’ and he had only forgotten ‘Gott der heilige Geist.’ But I reminded him of it and I felt very sorry for him again. But he was taken away, and I did not see him again. Twenty-three years passed. I am sitting one morning in my study, a white-haired old man, when there walks into the room a blooming young man, whom I should never have recognized, but he held up his finger and said, laughing, ‘Gott der Vater, Gott der Sohn, and Gott der heilige Geist. I have just arrived and have come to thank you for that pound of nuts, for no one else ever bought me a pound of nuts; you are the only one that ever did.’ And then I remembered my happy youth and the poor child in the yard, without boots on his feet, and my heart was touched and I said, ‘You are a grateful young man, for you have remembered all your life the pound of nuts I bought you in your childhood.’ And I embraced him and blessed him. And I [pg 765] shed tears. He laughed, but he shed tears, too ... for the Russian often laughs when he ought to be weeping. But he did weep; I saw it. And now, alas!...”
“And I am weeping now, German, I am weeping now, too, you saintly man,” Mitya cried suddenly.
In any case the anecdote made a certain favorable impression on the public. But the chief sensation in Mitya's favor was created by the evidence of Katerina Ivanovna, which I will describe directly. Indeed, when the witnesses à décharge, that is, called by the defense, began giving evidence, fortune seemed all at once markedly more favorable to Mitya, and what was particularly striking, this was a surprise even to the counsel for the defense. But before Katerina Ivanovna was called, Alyosha was examined, and he recalled a fact which seemed to furnish positive evidence against one important point made by the prosecution.