Complete Works of Fyodor Dostoyevsky (740 page)

At last the President opened the case of the murder of Fyodor Pavlovitch Karamazov. I don’t quite remember how he described him. The court usher was told to bring in the prisoner, and Mitya made his appearance. There was a hush through the court. One could have heard a fly. I don’t know how it was with others, but Mitya made a most unfavourable impression on me. He looked an awful dandy in a brand-new frock-coat. I heard afterwards that he had ordered it in Moscow expressly for the occasion from his own tailor, who had his measure. He wore immaculate black kid gloves and exquisite linen. He walked in with his yard-long strides, looking stiffly straight in front of him, and sat down in his place with a most unperturbed air.

At the same moment the counsel for defence, the celebrated Fetyukovitch, entered, and a sort of subdued hum passed through the court. He was a tall, spare man, with long thin legs, with extremely long, thin, pale fingers, clean-shaven face, demurely brushed, rather short hair, and thin lips that were at times curved into something between a sneer and a smile. He looked about forty. His face would have been pleasant, if it had not been for his eyes, which, in themselves small and inexpressive, were set remarkably close together, with only the thin, long nose as a dividing line between them. In fact, there was something strikingly birdlike about his face. He was in evening dress and white tie.

I remember the President’s first questions to Mitya, about his name, his calling, and so on. Mitya answered sharply, and his voice was so unexpectedly loud that it made the President start and look at the prisoner with surprise. Then followed a list of persons who were to take part in the proceedings — that is, of the witnesses and experts. It was a long list. Four of the witnesses were not present — Miusov, who had given evidence at the preliminary inquiry, but was now in Paris; Madame Hohlakov and Maximov, who were absent through illness; and Smerdyakov, through his sudden death, of which an official statement from the police was presented. The news of Smerdyakov’s death produced a sudden stir and whisper in the court. Many of the audience, of course, had not heard of the sudden suicide. What struck people most was Mitya’s sudden outburst. As soon as the statement of Smerdyakov’s death was made, he cried out aloud from his place:

“He was a dog and died like a dog!”

I remember how his counsel rushed to him, and how the President addressed him, threatening to take stern measures, if such an irregularity were repeated. Mitya nodded and in a subdued voice repeated several times abruptly to his counsel, with no show of regret:

“I won’t again, I won’t. It escaped me. I won’t do it again.”

And, of course, this brief episode did him no good with the jury or the public. His character was displayed, and it spoke for itself. It was under the influence of this incident that the opening statement was read. It was rather short, but circumstantial. It only stated the chief reasons why he had been arrested, why he must be tried, and so on. Yet it made a great impression on me. The clerk read it loudly and distinctly. The whole tragedy was suddenly unfolded before us, concentrated, in bold relief, in a fatal and pitiless light. I remember how, immediately after it had been read, the President asked Mitya in a loud impressive voice:

“Prisoner, do you plead guilty?”

Mitya suddenly rose from his seat.

“I plead guilty to drunkenness and dissipation,” he exclaimed, again in a startling, almost frenzied, voice, “to idleness and debauchery. I meant to become an honest man for good, just at the moment when I was struck down by fate. But I am not guilty of the death of that old man, my enemy and my father. No, no, I am not guilty of robbing him! I could not be. Dmitri Karamazov is a scoundrel, but not a thief.”

He sat down again, visibly trembling all over. The President again briefly, but impressively, 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.

CHAPTER 2

Dangerous Witnesses

I DO NOT know whether the witnesses for the defence and for the prosecution were separated into groups by the President, and whether it was arranged to call them in a certain order. But no doubt it was so. I only know that the witnesses for the prosecution were called first. I repeat I don’t intend to describe all the questions step by step. Besides, my account would be to some extent superfluous, because in the speeches for the prosecution and for the defence the whole course of the evidence was brought together and set in a strong and significant light, and I took down parts of those two remarkable speeches in full, and will quote them in due course, together with one extraordinary and quite unexpected episode, which occurred before the final speeches, and undoubtedly influenced the sinister and fatal outcome of the trial.

I will only observe that from the first moments of the trial one peculiar characteristic of the case was conspicuous and observed by all, that is, the overwhelming strength of the prosecution as compared with the arguments the defence had to rely upon. Everyone realised it from the first moment that the facts began to group themselves round a single point, and the whole horrible and bloody crime was gradually revealed. Everyone, perhaps, felt from the first that the case was beyond dispute, that there was no doubt about it, that there could be really no discussion, and that the defence was only a matter of form, and that the prisoner was guilty, obviously and conclusively guilty. I imagine that even the ladies, who were so impatiently longing for the acquittal of the interesting prisoner, were at the same time, without exception, convinced of his guilt. What’s more, I believe they would have been mortified if his guilt had not been so firmly established, as that would have lessened the effect of the closing scene of the criminal’s acquittal. That he would be acquitted, all the ladies, strange to say, were firmly persuaded up to the very last moment. “He is guilty, but he will be acquitted, from motives of humanity, in accordance with the new ideas, the new sentiments that had come into fashion,” and so on, and so on. And that was why they had crowded into the court so impatiently. The men were more interested in the contest between the prosecutor and the famous Fetyukovitch. All were wondering and asking themselves what could even a talent like Fetyukovitch’s make of such a desperate case; and so they followed his achievements, step by step, with concentrated attention.

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. Everyone 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 anyone, having some idea of his own in the background, some concealed weapon of defence, 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 defence positively fastened upon him when his turn came to question him. It must be noted that Grigory entered the trial 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 colours. 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 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 everyone, 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 anyone; 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 defence 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 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 anyone “till everybody was talking about it.” This question about the envelope Fetyukovitch put to everyone 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 everyone 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.

“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 anyone 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.