Bibikov fanned himself leisurely with his hat.
“To be absolutely truthful I don't know what he knows or doesn't. I am not one of his confidantsâbut I suspect he knows more than he admits. I also know he is an ambitious and opportunistic man, a restless careerist. In his youthful days he was a strong Ukrainophil, but since attaining public office he has become more Russian than the Tsar. Someday, if God's mercy does not intervene, he will be a justice of our Supreme Courtâit is without a doubt what he wants most. If that should happen there will be âjustice' without justice.” The magistrate caught himself and paused. “I will be grateful to you if you do not repeat this, Yakov Shepsovitch, or my other remarks to you, to anyone. Like most Russians I talk too much; however I wanted in particular to ease your mind a bit. I ask this for our mutual protection.”
“Who would I repeat it to even if there was somebody here who wasn't my enemy? But what I want to ask is, does the Prosecuting Attorney truly think I killed the boy, and does he really believe those things the priest said at the cave?”
“As to his true beliefs I must again confess my ignorance although I see him often in the course of official business. He tends to believe, in my opinion, what those around him believe. I don't pretend to know how much claptrap and superstition there is in his soul or what purpose it serves. But he is not a fool, I assure you. He knows our history and is quite familiar with the law though not greatly responsive to its spirit. He surely
knows that Alexander I, in 1817, and Nicholas I, in 1835, by official ukase prohibited blood libels against Jews living on Russian soil, although it is quite true that these libels have been revived within the last generation to provoke pogroms for political purposes. I do not have to tell you there has been a disappointing retreat of progress in recent times, whatever it is we call progress, especially disappointing because of the little we have had since the Emancipation. There's something cursed, it seems to me, about a country where men have owned men as property. The stink of that corruption never escapes the soul, and it is the stink of future evil. Still, the original decrees have not been withdrawn and are therefore the law. If Grubeshov has at all looked into this subject, as I have recently, he will also know, for instance, that certain Roman Catholic Popes, including an Innocent, a Paul, a Gregory, and a Clement, whose numerical designations I have forgotten, issued certain interdictions against this accusation. I believe one of them called it âa baseless and wicked invention.' Interestingly, I learned that this very same blood accusation made against the Jews was used by pagans of the first century to justify the oppression and slaughter of the early Christians. They too were called âblood drinkers,' for reasons you would understand if you knew the Catholic mass. The blood mystique arose in a belief of primitive people that there is a miraculous power in blood. It is, of course, a most dramatic substance in color and composition.”
“So if the Pope said no, why does the priest say yes?”
“Father Anastasy is a charlatan. He has written a stupid anti-Semitic brochure in Latin which brought him to the attention of the United Nobility, who have urged him to testify against you. Around him much of the pogrom agitation is centered. It is interesting to me that quite shortly after the appearance of his
brochure, Zhenia Golov was murdered. He is a defrocked Catholic priest, for some disgraceful act, we think an embezzlement of church funds; who only latterly came from Poland and joined the Orthodox Church, whose Synod, incidentally, does not support the accusation against you, although it does not deny it. The Metropolitan of Kiev has informed me he will not issue a statement.”
“That won't keep the water from boiling,” the fixer muttered.
“I'm afraid not. Do you know any French, Yakov Shepsovitch?” Bibikov asked.
“Not that I can think of, your honor.”
“The French have a saying, âThe more it changes, the more it remains the same.' You must admit there may be a certain truth to that, especially with reference to what we call âsociety.' In effect it has not changed in its essentials from what it was in the dim past, even though we tend loosely to think of civilization as progress. I frankly no longer believe in that concept. I respect man for what he has to go through in life, and sometimes for how he does it, but he has changed little since he began to pretend he was civilized, and the same thing may be said about our society. That is how I feel, but having made that confession let me say, as you may have guessed, that I am somewhat of a meliorist. That is to say, I act as an optimist because I find I cannot act at all, as a pessimist. One often feels helpless in the face of the confusion of these times, such a mass of apparently uncontrollable events and experiences to live through, attempt to understand, and if at all possible, give order to; but one must not withdraw from the task if he has some small thing to offerâhe does so at the risk of diminishing his humanity.
“Be that as it may,” he went on, “if the Prosecuting Attorney had indulged in a bit of Old Testament research
he would, I am sure, be familiar with the prohibitions in Leviticus that Jews may not eat any manner of blood. I can't quote it exactlyâmy notes are on my desk at homeâbut the Lord warned that whoever ate blood, Israelite or stranger, He would cut him off from his people. Nor would He afterwards allow King David to raise a temple to Him, because he had fought in many wars and spilled much blood. He is a consistent God, if not gentle. I have also learned from certain Russian authorities of the Old Testament and other Jewish sacred texts that there does not exist in those writings a record of any law or custom which permits a Jew to use blood, or specifically Christian blood, for religious purposes. According to those I have consultedâsecretly, you understandâthe prohibition against using any blood whatsoever for whatever purpose was never retracted or altered in later Jewish writings of law, literature, or medicine. There is not, for instance, any record of a prescription of blood for use in medicine, internal or external. Et cetera, et cetera. There are many such facts that Grubeshov ought to have familiarized himself withâand I assure you I am strongly contemplating submitting him a summary of my researches for his reflection. Frankly, Yakov Shepsovitch, I am embarrassed to belittle a colleague to you in this manner but I have come to the unhappy conclusion that whatever he knows, or may know through my intervention, that might be helpful to you in establishing your innocence is, if not actually useless, then at least antithetical to his aims and purposes. He also would like to have you convicted.”
Yakov wrung his hands. “If so what am I to do, your honor? Will I be abandoned to die in this prison?”
“Who has abandoned you?” the Investigating Magistrate asked, looking at him gently.
“Not you, of course, and I thank what little luck I have for that. But if Mr. Grubeshov has no use for your
evidence I might rot here for years. After all, how long are our lives? Couldn't you put out an indictment of some small sort against me so that I could at least see a lawyer?”
“No, that wouldn't work at all. Murder is what I would be compelled to charge you with. I'm afraid to start off that way. Your lawyer will appear in due course. But at present no lawyer can do as much for you as I, Yakov Shepsovitch. And when the time comes that he can, I'll see to it that you have a good one. I already have in mind someone who is a vigorous and courageous man of the most excellent reputation. I will sound him out in the near future, and I am sure he will agree to represent you.”
The fixer thanked him.
Bibikov, after looking at his watch, suddenly rose. “Yakov Shepsovitch, what more can I tell you? Take heart in the truth and endure your trials. Sustain yourself in your innocence.”
“It's not so easy, your honor. I'm not suited for this kind of life. I find it hard to imitate a dog. That's not exactly what I mean but turned around a bit it is. What I mean is that I'm sick of prison, also I'm not a brave man. To tell the truth I have terrible fears that never leave me, day or night.”
“No one says it's easy. Still, you are not alone.”
“In my cell I'm alone. In my thoughts I'm alone. I don't want to sound bitter to you because I'm thankful for your helpâ”
“My dear friend,” said Bibikov gravely, “your bitterness doesn't offend me. My worry is not to fail you.”
“Why should you fail me?” the fixer said, anxiously rising.
“Who can say?” Bibikov put on his limp hat. “Partly it is our situation in this unfortunate country that causes me doubt. Russia is such a complex, long-suffering, ignorant,
torn and helpless nation. In one sense we are all prisoners here.” He paused, combed his beard with his fingers, then said, “There is so much to be done that demands the full capacities of our hearts and souls, but, truly, where shall we begin? Perhaps I will begin with you? Keep in mind, Yakov Shepsovitch, that if your life is without value, so is mine. If the law does not protect you, it will not, in the end, protect me. Therefore I dare not fail you, and that is what causes me anxietyâthat I must not fail you. Now permit me to say good night. Let us both somehow try to sleep and perhaps tomorrow will be better. Thank God for tomorrow.”
Yakov seized his hand to press to his lips but Bibikov had gone.
A prisoner, an anguished and desperate man, was locked in the next cell. The minute in, he began to pound with his shoe, or both shoes, against the wall. The noise came through distantly and Yakov pounded back with his shoe. But when the man shouted he could somehow be heard, though not his words. They shouted to each other at various times of the day and night as loudly as they couldâit sounded to the fixer as though someone was trying to tell him a heartbreaking tale, and he wanted with all his heart to hear and then tell his own; but the man's shouts, cries, questions, were muffled, indistinguishable. So were his, the fixer knew.
The isolation cells were rectangular cubicles, the walls of brick and cement, the outer wall containing a single three-barred window a half meter above the prisoner's head. The door was made of solid iron with a peephole at eye level, through which the guard, when he was there, peered; and though Yakov could understand
what was yelled at him from the corridor, when either prisoner shouted at the other through the spy hole, neither could understand. The openings were small, and reverberations in the corridor muffled the words and turned them into noise.
Once a guard with a dark face and stupid eyes, appearing in the cell block, heard them shouting to each other and cursed them both. He ordered the other prisoner to shut up or he would beat his head to a pulp, and to Yakov he said, “No more noise out of you or I'll shoot your Jew cock off.” When he was gone both men resumed beating on the wall. The guard came once a day with a bowl of watery, insect-ridden soup, and a slice of stale black bread; he also checked the cells at unpredictable intervals. Yakov would be sleeping on the floor, or pacing back and forth the meager distance of the cell; or sitting with his back to the wall, his knees drawn up, lost in despondent thought, when he became aware of a malevolent eye staring at him, which was at once withdrawn. From the number of doors opening in the morning when the guard and his assistant delivered the food, the fixer knew there were only two prisoners in that wing of cells. The other prisoner was on his left, and on the right the guards retreated fifty steps to another door which they opened with a key, then shut with a terrible thump and locked from the other side. Sometimes in the early morning hours, when the huge prison was steeped in darkness and silence although hundreds of men, more likely thousands, dreamed, moaned, snored and farted in their sleep, the prisoner in the next cell woke and began beating on the wall between them. He did this in quick bursts of sound, then slowly, as though he were trying to teach the fixer a code, and though Yakov counted the beats and tried to translate them into letters of the Russian alphabet, the words he put together made
no sense and he cursed himself for his stupidity. He banged but what did it mean? Sometimes they uselessly banged on the wall at the same time.
To be imprisoned alone was the greatest desperation the fixer had known. He hadn't the wit, he told himself, to be this much alone. When the guards came with his bread and soup on his twelfth morning of solitary confinement, Yakov begged for relief. He had learned his lesson and would uphold every regulation if they kindly returned him to the common cell, where there were, at least, other faces and some human activity. “If you will tell this to the warden I'll thank you with my whole heart. It's hard to live without a little conversation once in a while.” But neither of the guards answered a word. It wouldn't have cost them a kopek to give his message to the warden, but they never did. Yakov sank into silence, sometimes imagining himself in the Podol, talking casually to someone. He would stand under a tree in the tenement courtyard with Aaron Latke and say how badly things were going. (How bad was bad if you were free?) Just a homey few words, better in Yiddish, but good enough in Russian. Or since freedom, at the moment, was out of the question, if he had his tools he could, after a morning's work, break a small hole through the wall and talk with the other prisoner, maybe even see his face if he stepped back a little. They could tell each other the story of their lives and stretch it out for months, then start over again if necessary. But the other prisoner, either because he was disheartened or sick, had stopped beating on the wall, and neither of them shouted to the other.
If he had forgotten the man he suddenly remembered him. One night a distant moaning broke into his sleep. He awoke and heard nothing. The fixer beat on the wall with his heavy shoe but there was no response. He dreamed he heard footsteps in the corridor, then a
smothered cry awakened him again, terrified. Something's wrong, he thought, I must hide. A cell door clanged and there were steps of more than one man in the corridor. Yakov waited tensely in the pitch gloom, about to cry out if his door moved, but the steps went past his cell. The heavy door at the end of the corridor thumped shut, a key turned in the lock, and that was the end of the noise. In the terrible silence that followed, he could not get back to sleep. He beat on the wall with both broken shoes, shouting until he was hoarse, but could rouse no response. The next morning he was not brought food. They are leaving me to die, he thought. But at noon, a drunken guard came in with his soup and bread, muttering to himself. He spilled half the soup over Yakov before the prisoner could grab the bowl.
“Here he kills a Russian child and lords it over us,” the guard muttered, his breath thick with alcohol.
When he had gone it came to the fixer, as he was very slowly chewing his black bread, that the guard had not locked and bolted the door. The hair on the back of his neck prickled. He got up in excitement, thrust two fingers through the peephole and almost fainted as the door slowly opened inward.
Yakov was overwhelmed in confusion and fright. If I step out they'll kill me for sure. Someone must be waiting on the outside. He peered through the hole but could see no one. Then he shut the door softly and waited.
An hour, if not longer, went by. Again he opened the creaking door and this time quickly looked into the hall. To the right, at the end of the cell block the concrete door stood ajar. Had the drunken guard forgotten to lock that too? Yakov slunk along the corridor, stopped a few feet from the door and at once hurried back. Yet he did not go into his cell. Once more he approached the heavy door and was about to pull it open when it came
to him thunderously that he was acting faster than he could think. So he ran back to his cell, entered, and slammed the door shut. There he waited, his flesh freezing, his heart a growing pain. No one came. But the fixer had thought it out and was certain the guard had left the door open on purpose. If he went through it and sneaked down the stairs, at the bottom another guard would confront him, the one with the stupid eyes. He would look at Yakov and slowly raise his pistol. In the prison log the warden would write: “The prisoner Yakov Bok shot in the stomach while attempting to escape.”
But he slid out into the corridor again, his thoughts flooded with freedom, this time going the other way, astonished he hadn't thought of that before. He looked cautiously to the left and right, then peered through the peephole into the other prisoner's cell. A bearded man, swinging gently, hung from a leather belt tied to the middle bar of the open window, a fallen stool nearby. He was staring down where his pince-nez lay smashed on the floor under his small dangling feet.
It took the fixer an age to admit it was Bibikov.