The Brothers Karamazov 87 – Garnett · Verses Across
Literature · Classic Novels
The Brothers Karamazov 87A Judicial Error · A Treatise On Smerdyakov
18
Literature · Classic Novels
The Brothers Karamazov 87
A Judicial Error · A Treatise On Smerdyakov
GarnettEnglish
“To begin with, what was the source of this suspicion?” (Ippolit Kirillovitch began.) “The first person who cried out that Smerdyakov had committed the murder was the prisoner himself at the moment of his arrest, yet from that time to this he had not brought forward a single fact to confirm the charge, nor the faintest suggestion of a fact. The charge is confirmed by three persons only—the two brothers of the prisoner and Madame Svyetlov. The elder of these brothers expressed his suspicions only to-day, when he was undoubtedly suffering from brain fever. But we know that for the last two months he has completely shared our conviction of his brother’s guilt and did not attempt to combat that idea. But of that later. The younger brother has admitted that he has not the slightest fact to support his notion of Smerdyakov’s guilt, and has only been led to that conclusion from the prisoner’s own words and the expression of his face. Yes, that astounding piece of evidence has been brought forward twice to-day by him. Madame Svyetlov was even more astounding. ‘What the prisoner tells you, you must believe; he is not a man to tell a lie.’ That is all the evidence against Smerdyakov produced by these three persons, who are all deeply concerned in the prisoner’s fate. And yet the theory of Smerdyakov’s guilt has been noised about, has been and is still maintained. Is it credible? Is it conceivable?”
Here Ippolit Kirillovitch thought it necessary to describe the personality of Smerdyakov, “who had cut short his life in a fit of insanity.” He depicted him as a man of weak intellect, with a smattering of education, who had been thrown off his balance by philosophical ideas above his level and certain modern theories of duty, which he learnt in practice from the reckless life of his master, who was also perhaps his father—Fyodor Pavlovitch; and, theoretically, from various strange philosophical conversations with his master’s elder son, Ivan Fyodorovitch, who readily indulged in this diversion, probably feeling dull or wishing to amuse himself at the valet’s expense. “He spoke to me himself of his spiritual condition during the last few days at his father’s house,” Ippolit Kirillovitch explained; “but others too have borne witness to it—the prisoner himself, his brother, and the servant Grigory—that is, all who knew him well.
“Moreover, Smerdyakov, whose health was shaken by his attacks of epilepsy, had not the courage of a chicken. ‘He fell at my feet and kissed them,’ the prisoner himself has told us, before he realized how damaging such a statement was to himself. ‘He is an epileptic chicken,’ he declared about him in his characteristic language. And the prisoner chose him for his confidant (we have his own word for it) and he frightened him into consenting at last to act as a spy for him. In that capacity he deceived his master, revealing to the prisoner the existence of the envelope with the notes in it and the signals by means of which he could get into the house. How could he help telling him, indeed? ‘He would have killed me, I could see that he would have killed me,’ he said at the inquiry, trembling and shaking even before us, though his tormentor was by that time arrested and could do him no harm. ‘He suspected me at every instant. In fear and trembling I hastened to tell him every secret to pacify him, that he might see that I had not deceived him and let me off alive.’ Those are his own words. I wrote them down and I remember them. ‘When he began shouting at me, I would fall on my knees.’
“He was naturally very honest and enjoyed the complete confidence of his master, ever since he had restored him some money he had lost. So it may be supposed that the poor fellow suffered pangs of remorse at having deceived his master, whom he loved as his benefactor. Persons severely afflicted with epilepsy are, so the most skillful doctors tell us, always prone to continual and morbid self-reproach. They worry over their ‘wickedness,’ they are tormented by pangs of conscience, often entirely without cause; they exaggerate and often invent all sorts of faults and crimes. And here we have a man of that type who had really been driven to wrong-doing by terror and intimidation.
“He had, besides, a strong presentiment that something terrible would be the outcome of the situation that was developing before his eyes. When Ivan Fyodorovitch was leaving for Moscow, just before the catastrophe, Smerdyakov besought him to remain, though he was too timid to tell him plainly what he feared. He confined himself to hints, but his hints were not understood.
“It must be observed that he looked on Ivan Fyodorovitch as a protector, whose presence in the house was a guarantee that no harm would come to pass. Remember the phrase in Dmitri Karamazov’s drunken letter, ‘I shall kill the old man, if only Ivan goes away.’ So Ivan Fyodorovitch’s presence seemed to every one a guarantee of peace and order in the house.
“But he went away, and within an hour of his young master’s departure Smerdyakov was taken with an epileptic fit. But that’s perfectly intelligible. Here I must mention that Smerdyakov, oppressed by terror and despair of a sort, had felt during those last few days that one of the fits from which he had suffered before at moments of strain, might be coming upon him again. The day and hour of such an attack cannot, of course, be foreseen, but every epileptic can feel beforehand that he is likely to have one. So the doctors tell us. And so, as soon as Ivan Fyodorovitch had driven out of the yard, Smerdyakov, depressed by his lonely and unprotected position, went to the cellar. He went down the stairs wondering if he would have a fit or not, and what if it were to come upon him at once. And that very apprehension, that very wonder, brought on the spasm in his throat that always precedes such attacks, and he fell unconscious into the cellar. And in this perfectly natural occurrence people try to detect a suspicion, a hint that he was shamming an attack on purpose. But, if it were on purpose, the question arises at once, what was his motive? What was he reckoning on? What was he aiming at? I say nothing about medicine: science, I am told, may go astray: the doctors were not able to discriminate between the counterfeit and the real. That may be so, but answer me one question: what motive had he for such a counterfeit? Could he, had he been plotting the murder, have desired to attract the attention of the household by having a fit just before?
“You see, gentlemen of the jury, on the night of the murder, there were five persons in Fyodor Pavlovitch’s—Fyodor Pavlovitch himself (but he did not kill himself, that’s evident); then his servant, Grigory, but he was almost killed himself; the third person was Grigory’s wife, Marfa Ignatyevna, but it would be simply shameful to imagine her murdering her master. Two persons are left—the prisoner and Smerdyakov. But, if we are to believe the prisoner’s statement that he is not the murderer, then Smerdyakov must have been, for there is no other alternative, no one else can be found. That is what accounts for the artful, astounding accusation against the unhappy idiot who committed suicide yesterday. Had a shadow of suspicion rested on any one else, had there been any sixth person, I am persuaded that even the prisoner would have been ashamed to accuse Smerdyakov, and would have accused that sixth person, for to charge Smerdyakov with that murder is perfectly absurd.
“Gentlemen, let us lay aside psychology, let us lay aside medicine, let us even lay aside logic, let us turn only to the facts and see what the facts tell us. If Smerdyakov killed him, how did he do it? Alone or with the assistance of the prisoner? Let us consider the first alternative—that he did it alone. If he had killed him it must have been with some object, for some advantage to himself. But not having a shadow of the motive that the prisoner had for the murder—hatred, jealousy, and so on—Smerdyakov could only have murdered him for the sake of gain, in order to appropriate the three thousand roubles he had seen his master put in the envelope. And yet he tells another person—and a person most closely interested, that is, the prisoner—everything about the money and the signals, where the envelope lay, what was written on it, what it was tied up with, and, above all, told him of those signals by which he could enter the house. Did he do this simply to betray himself, or to invite to the same enterprise one who would be anxious to get that envelope for himself? ‘Yes,’ I shall be told, ‘but he betrayed it from fear.’ But how do you explain this? A man who could conceive such an audacious, savage act, and carry it out, tells facts which are known to no one else in the world, and which, if he held his tongue, no one would ever have guessed!
“No, however cowardly he might be, if he had plotted such a crime, nothing would have induced him to tell any one about the envelope and the signals, for that was as good as betraying himself beforehand. He would have invented something, he would have told some lie if he had been forced to give information, but he would have been silent about that. For, on the other hand, if he had said nothing about the money, but had committed the murder and stolen the money, no one in the world could have charged him with murder for the sake of robbery, since no one but he had seen the money, no one but he knew of its existence in the house. Even if he had been accused of the murder, it could only have been thought that he had committed it from some other motive. But since no one had observed any such motive in him beforehand, and every one saw, on the contrary, that his master was fond of him and honored him with his confidence, he would, of course, have been the last to be suspected. People would have suspected first the man who had a motive, a man who had himself declared he had such motives, who had made no secret of it; they would, in fact, have suspected the son of the murdered man, Dmitri Fyodorovitch. Had Smerdyakov killed and robbed him, and the son been accused of it, that would, of course, have suited Smerdyakov. Yet are we to believe that, though plotting the murder, he told that son, Dmitri, about the money, the envelope, and the signals? Is that logical? Is that clear?
“When the day of the murder planned by Smerdyakov came, we have him falling downstairs in a feigned fit—with what object? In the first place that Grigory, who had been intending to take his medicine, might put it off and remain on guard, seeing there was no one to look after the house, and, in the second place, I suppose, that his master seeing that there was no one to guard him, and in terror of a visit from his son, might redouble his vigilance and precaution. And, most of all, I suppose that he, Smerdyakov, disabled by the fit, might be carried from the kitchen, where he always slept, apart from all the rest, and where he could go in and out as he liked, to Grigory’s room at the other end of the lodge, where he was always put, shut off by a screen three paces from their own bed. This was the immemorial custom established by his master and the kind-hearted Marfa Ignatyevna, whenever he had a fit. There, lying behind the screen, he would most likely, to keep up the sham, have begun groaning, and so keeping them awake all night (as Grigory and his wife testified). And all this, we are to believe, that he might more conveniently get up and murder his master!
“But I shall be told that he shammed illness on purpose that he might not be suspected and that he told the prisoner of the money and the signals to tempt him to commit the murder, and when he had murdered him and had gone away with the money, making a noise, most likely, and waking people, Smerdyakov got up, am I to believe, and went in—what for? To murder his master a second time and carry off the money that had already been stolen? Gentlemen, are you laughing? I am ashamed to put forward such suggestions, but, incredible as it seems, that’s just what the prisoner alleges. When he had left the house, had knocked Grigory down and raised an alarm, he tells us Smerdyakov got up, went in and murdered his master and stole the money! I won’t press the point that Smerdyakov could hardly have reckoned on this beforehand, and have foreseen that the furious and exasperated son would simply come to peep in respectfully, though he knew the signals, and beat a retreat, leaving Smerdyakov his booty. Gentlemen of the jury, I put this question to you in earnest; when was the moment when Smerdyakov could have committed his crime? Name that moment, or you can’t accuse him.
“But, perhaps, the fit was a real one, the sick man suddenly recovered, heard a shout, and went out. Well—what then? He looked about him and said, ‘Why not go and kill the master?’ And how did he know what had happened, since he had been lying unconscious till that moment? But there’s a limit to these flights of fancy.
“‘Quite so,’ some astute people will tell me, ‘but what if they were in agreement? What if they murdered him together and shared the money—what then?’ A weighty question, truly! And the facts to confirm it are astounding. One commits the murder and takes all the trouble while his accomplice lies on one side shamming a fit, apparently to arouse suspicion in every one, alarm in his master and alarm in Grigory. It would be interesting to know what motives could have induced the two accomplices to form such an insane plan.
“But perhaps it was not a case of active complicity on Smerdyakov’s part, but only of passive acquiescence; perhaps Smerdyakov was intimidated and agreed not to prevent the murder, and foreseeing that he would be blamed for letting his master be murdered, without screaming for help or resisting, he may have obtained permission from Dmitri Karamazov to get out of the way by shamming a fit—‘you may murder him as you like; it’s nothing to me.’ But as this attack of Smerdyakov’s was bound to throw the household into confusion, Dmitri Karamazov could never have agreed to such a plan. I will waive that point however. Supposing that he did agree, it would still follow that Dmitri Karamazov is the murderer and the instigator, and Smerdyakov is only a passive accomplice, and not even an accomplice, but merely acquiesced against his will through terror.
“But what do we see? As soon as he is arrested the prisoner instantly throws all the blame on Smerdyakov, not accusing him of being his accomplice, but of being himself the murderer. ‘He did it alone,’ he says. ‘He murdered and robbed him. It was the work of his hands.’ Strange sort of accomplices who begin to accuse one another at once! And think of the risk for Karamazov. After committing the murder while his accomplice lay in bed, he throws the blame on the invalid, who might well have resented it and in self-preservation might well have confessed the truth. For he might well have seen that the court would at once judge how far he was responsible, and so he might well have reckoned that if he were punished, it would be far less severely than the real murderer. But in that case he would have been certain to make a confession, yet he has not done so. Smerdyakov never hinted at their complicity, though the actual murderer persisted in accusing him and declaring that he had committed the crime alone.
“What’s more, Smerdyakov at the inquiry volunteered the statement that it was he who had told the prisoner of the envelope of notes and of the signals, and that, but for him, he would have known nothing about them. If he had really been a guilty accomplice, would he so readily have made this statement at the inquiry? On the contrary, he would have tried to conceal it, to distort the facts or minimize them. But he was far from distorting or minimizing them. No one but an innocent man, who had no fear of being charged with complicity, could have acted as he did. And in a fit of melancholy arising from his disease and this catastrophe he hanged himself yesterday. He left a note written in his peculiar language, ‘I destroy myself of my own will and inclination so as to throw no blame on any one.’ What would it have cost him to add: ‘I am the murderer, not Karamazov’? But that he did not add. Did his conscience lead him to suicide and not to avowing his guilt?
“And what followed? Notes for three thousand roubles were brought into the court just now, and we were told that they were the same that lay in the envelope now on the table before us, and that the witness had received them from Smerdyakov the day before. But I need not recall the painful scene, though I will make one or two comments, selecting such trivial ones as might not be obvious at first sight to every one, and so may be overlooked. In the first place, Smerdyakov must have given back the money and hanged himself yesterday from remorse. And only yesterday he confessed his guilt to Ivan Karamazov, as the latter informs us. If it were not so, indeed, why should Ivan Fyodorovitch have kept silence till now? And so, if he has confessed, then why, I ask again, did he not avow the whole truth in the last letter he left behind, knowing that the innocent prisoner had to face this terrible ordeal the next day?
“The money alone is no proof. A week ago, quite by chance, the fact came to the knowledge of myself and two other persons in this court that Ivan Fyodorovitch had sent two five per cent. coupons of five thousand each—that is, ten thousand in all—to the chief town of the province to be changed. I only mention this to point out that any one may have money, and that it can’t be proved that these notes are the same as were in Fyodor Pavlovitch’s envelope.
“Ivan Karamazov, after receiving yesterday a communication of such importance from the real murderer, did not stir. Why didn’t he report it at once? Why did he put it all off till morning? I think I have a right to conjecture why. His health had been giving way for a week past: he had admitted to a doctor and to his most intimate friends that he was suffering from hallucinations and seeing phantoms of the dead: he was on the eve of the attack of brain fever by which he has been stricken down to-day. In this condition he suddenly heard of Smerdyakov’s death, and at once reflected, ‘The man is dead, I can throw the blame on him and save my brother. I have money. I will take a roll of notes and say that Smerdyakov gave them me before his death.’ You will say that was dishonorable: it’s dishonorable to slander even the dead, and even to save a brother. True, but what if he slandered him unconsciously? What if, finally unhinged by the sudden news of the valet’s death, he imagined it really was so? You saw the recent scene: you have seen the witness’s condition. He was standing up and was speaking, but where was his mind?
“Then followed the document, the prisoner’s letter written two days before the crime, and containing a complete program of the murder. Why, then, are we looking for any other program? The crime was committed precisely according to this program, and by no other than the writer of it. Yes, gentlemen of the jury, it went off without a hitch! He did not run respectfully and timidly away from his father’s window, though he was firmly convinced that the object of his affections was with him. No, that is absurd and unlikely! He went in and murdered him. Most likely he killed him in anger, burning with resentment, as soon as he looked on his hated rival. But having killed him, probably with one blow of the brass pestle, and having convinced himself, after careful search, that she was not there, he did not, however, forget to put his hand under the pillow and take out the envelope, the torn cover of which lies now on the table before us.
“I mention this fact that you may note one, to my thinking, very characteristic circumstance. Had he been an experienced murderer and had he committed the murder for the sake of gain only, would he have left the torn envelope on the floor as it was found, beside the corpse? Had it been Smerdyakov, for instance, murdering his master to rob him, he would have simply carried away the envelope with him, without troubling himself to open it over his victim’s corpse, for he would have known for certain that the notes were in the envelope—they had been put in and sealed up in his presence—and had he taken the envelope with him, no one would ever have known of the robbery. I ask you, gentlemen, would Smerdyakov have behaved in that way? Would he have left the envelope on the floor?
“No, this was the action of a frantic murderer, a murderer who was not a thief and had never stolen before that day, who snatched the notes from under the pillow, not like a thief stealing them, but as though seizing his own property from the thief who had stolen it. For that was the idea which had become almost an insane obsession in Dmitri Karamazov in regard to that money. And pouncing upon the envelope, which he had never seen before, he tore it open to make sure whether the money was in it, and ran away with the money in his pocket, even forgetting to consider that he had left an astounding piece of evidence against himself in that torn envelope on the floor. All because it was Karamazov, not Smerdyakov, he didn’t think, he didn’t reflect, and how should he? He ran away; he heard behind him the servant cry out; the old man caught him, stopped him and was felled to the ground by the brass pestle.
“The prisoner, moved by pity, leapt down to look at him. Would you believe it, he tells us that he leapt down out of pity, out of compassion, to see whether he could do anything for him. Was that a moment to show compassion? No; he jumped down simply to make certain whether the only witness of his crime were dead or alive. Any other feeling, any other motive would be unnatural. Note that he took trouble over Grigory, wiped his head with his handkerchief and, convincing himself he was dead, he ran to the house of his mistress, dazed and covered with blood. How was it he never thought that he was covered with blood and would be at once detected? But the prisoner himself assures us that he did not even notice that he was covered with blood. That may be believed, that is very possible, that always happens at such moments with criminals. On one point they will show diabolical cunning, while another will escape them altogether. But he was thinking at that moment of one thing only—where was she? He wanted to find out at once where she was, so he ran to her lodging and learnt an unexpected and astounding piece of news—she had gone off to Mokroe to meet her first lover.”
