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 defence 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 if 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 trunks?) 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 honour.’ Oh, he was glad to believe it, we are eager to believe it, even if only on his word of honour! Are we jackals thirsting for human blood? Show us a single fact in the prisoner’s favour 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.


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