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 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. Every one 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. 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 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. 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 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 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 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.”