The Brothers Karamazov 92 – Garnett · Verses Across
Literature · Classic Novels
The Brothers Karamazov 92A Judicial Error · A Corrupter Of Thought
18
Literature · Classic Novels
The Brothers Karamazov 92
A Judicial Error · A Corrupter Of Thought
GarnettEnglish
“It’s not only the accumulation of facts that threatens my client with ruin, gentlemen of the jury,” he began, “what is really damning for my client is one fact—the dead body of his father. Had it been an ordinary case of murder you would have rejected the charge in view of the triviality, the incompleteness, and the fantastic character of the evidence, if you examine each part of it separately; or, at least, you would have hesitated to ruin a man’s life simply from the prejudice against him which he has, alas! only too well deserved. But it’s not an ordinary case of murder, it’s a case of parricide. That impresses men’s minds, and to such a degree that the very triviality and incompleteness of the evidence becomes less trivial and less incomplete even to an unprejudiced mind. How can such a prisoner be acquitted? What if he committed the murder and gets off unpunished? That is what every one, almost involuntarily, instinctively, feels at heart.
“Yes, it’s a fearful thing to shed a father’s blood—the father who has begotten me, loved me, not spared his life for me, grieved over my illnesses from childhood up, troubled all his life for my happiness, and has lived in my joys, in my successes. To murder such a father—that’s inconceivable. Gentlemen of the jury, what is a father—a real father? What is the meaning of that great word? What is the great idea in that name? We have just indicated in part what a true father is and what he ought to be. In the case in which we are now so deeply occupied and over which our hearts are aching—in the present case, the father, Fyodor Pavlovitch Karamazov, did not correspond to that conception of a father to which we have just referred. That’s the misfortune. And indeed some fathers are a misfortune. Let us examine this misfortune rather more closely: we must shrink from nothing, gentlemen of the jury, considering the importance of the decision you have to make. It’s our particular duty not to shrink from any idea, like children or frightened women, as the talented prosecutor happily expresses it.
“But in the course of his heated speech my esteemed opponent (and he was my opponent before I opened my lips) exclaimed several times, ‘Oh, I will not yield the defense of the prisoner to the lawyer who has come down from Petersburg. I accuse, but I defend also!’ He exclaimed that several times, but forgot to mention that if this terrible prisoner was for twenty-three years so grateful for a mere pound of nuts given him by the only man who had been kind to him, as a child in his father’s house, might not such a man well have remembered for twenty-three years how he ran in his father’s back-yard, ‘without boots on his feet and with his little trousers hanging by one button’—to use the expression of the kind-hearted doctor, Herzenstube?
“Oh, gentlemen of the jury, why need we look more closely at this misfortune, why repeat what we all know already? What did my client meet with when he arrived here, at his father’s house, and why depict my client as a heartless egoist and monster? He is uncontrolled, he is wild and unruly—we are trying him now for that—but who is responsible for his life? Who is responsible for his having received such an unseemly bringing up, in spite of his excellent disposition and his grateful and sensitive heart? Did any one train him to be reasonable? Was he enlightened by study? Did any one love him ever so little in his childhood? My client was left to the care of Providence like a beast of the field. He thirsted perhaps to see his father after long years of separation. A thousand times perhaps he may, recalling his childhood, have driven away the loathsome phantoms that haunted his childish dreams and with all his heart he may have longed to embrace and to forgive his father! And what awaited him? He was met by cynical taunts, suspicions and wrangling about money. He heard nothing but revolting talk and vicious precepts uttered daily over the brandy, and at last he saw his father seducing his mistress from him with his own money. Oh, gentlemen of the jury, that was cruel and revolting! And that old man was always complaining of the disrespect and cruelty of his son. He slandered him in society, injured him, calumniated him, bought up his unpaid debts to get him thrown into prison.
“Gentlemen of the jury, people like my client, who are fierce, unruly, and uncontrolled on the surface, are sometimes, most frequently indeed, exceedingly tender-hearted, only they don’t express it. Don’t laugh, don’t laugh at my idea! The talented prosecutor laughed mercilessly just now at my client for loving Schiller—loving the sublime and beautiful! I should not have laughed at that in his place. Yes, such natures—oh, let me speak in defense of such natures, so often and so cruelly misunderstood—these natures often thirst for tenderness, goodness, and justice, as it were, in contrast to themselves, their unruliness, their ferocity—they thirst for it unconsciously. Passionate and fierce on the surface, they are painfully capable of loving woman, for instance, and with a spiritual and elevated love. Again do not laugh at me, this is very often the case in such natures. But they cannot hide their passions—sometimes very coarse—and that is conspicuous and is noticed, but the inner man is unseen. Their passions are quickly exhausted; but, by the side of a noble and lofty creature that seemingly coarse and rough man seeks a new life, seeks to correct himself, to be better, to become noble and honorable, ‘sublime and beautiful,’ however much the expression has been ridiculed.
“I said just now that I would not venture to touch upon my client’s engagement. But I may say half a word. What we heard just now was not evidence, but only the scream of a frenzied and revengeful woman, and it was not for her—oh, not for her!—to reproach him with treachery, for she has betrayed him! If she had had but a little time for reflection she would not have given such evidence. Oh, do not believe her! No, my client is not a monster, as she called him!
“The Lover of Mankind on the eve of His Crucifixion said: ‘I am the Good Shepherd. The good shepherd lays down his life for his sheep, so that not one of them might be lost.’ Let not a man’s soul be lost through us!
“I asked just now what does ‘father’ mean, and exclaimed that it was a great word, a precious name. But one must use words honestly, gentlemen, and I venture to call things by their right names: such a father as old Karamazov cannot be called a father and does not deserve to be. Filial love for an unworthy father is an absurdity, an impossibility. Love cannot be created from nothing: only God can create something from nothing.
“‘Fathers, provoke not your children to wrath,’ the apostle writes, from a heart glowing with love. It’s not for the sake of my client that I quote these sacred words, I mention them for all fathers. Who has authorized me to preach to fathers? No one. But as a man and a citizen I make my appeal—vivos voco! We are not long on earth, we do many evil deeds and say many evil words. So let us all catch a favorable moment when we are all together to say a good word to each other. That’s what I am doing: while I am in this place I take advantage of my opportunity. Not for nothing is this tribune given us by the highest authority—all Russia hears us! I am not speaking only for the fathers here present, I cry aloud to all fathers: ‘Fathers, provoke not your children to wrath.’ Yes, let us first fulfill Christ’s injunction ourselves and only then venture to expect it of our children. Otherwise we are not fathers, but enemies of our children, and they are not our children, but our enemies, and we have made them our enemies ourselves. ‘What measure ye mete it shall be measured unto you again’—it’s not I who say that, it’s the Gospel precept, measure to others according as they measure to you. How can we blame children if they measure us according to our measure?
“Not long ago a servant girl in Finland was suspected of having secretly given birth to a child. She was watched, and a box of which no one knew anything was found in the corner of the loft, behind some bricks. It was opened and inside was found the body of a new-born child which she had killed. In the same box were found the skeletons of two other babies which, according to her own confession, she had killed at the moment of their birth.
“Gentlemen of the jury, was she a mother to her children? She gave birth to them, indeed; but was she a mother to them? Would any one venture to give her the sacred name of mother? Let us be bold, gentlemen, let us be audacious even: it’s our duty to be so at this moment and not to be afraid of certain words and ideas like the Moscow women in Ostrovsky’s play, who are scared at the sound of certain words. No, let us prove that the progress of the last few years has touched even us, and let us say plainly, the father is not merely he who begets the child, but he who begets it and does his duty by it.
“Oh, of course, there is the other meaning, there is the other interpretation of the word ‘father,’ which insists that any father, even though he be a monster, even though he be the enemy of his children, still remains my father simply because he begot me. But this is, so to say, the mystical meaning which I cannot comprehend with my intellect, but can only accept by faith, or, better to say, on faith, like many other things which I do not understand, but which religion bids me believe. But in that case let it be kept outside the sphere of actual life. In the sphere of actual life, which has, indeed, its own rights, but also lays upon us great duties and obligations, in that sphere, if we want to be humane—Christian, in fact—we must, or ought to, act only upon convictions justified by reason and experience, which have been passed through the crucible of analysis; in a word, we must act rationally, and not as though in dream and delirium, that we may not do harm, that we may not ill-treat and ruin a man. Then it will be real Christian work, not only mystic, but rational and philanthropic....”
There was violent applause at this passage from many parts of the court, but Fetyukovitch waved his hands as though imploring them to let him finish without interruption. The court relapsed into silence at once. The orator went on.
“Do you suppose, gentlemen, that our children as they grow up and begin to reason can avoid such questions? No, they cannot, and we will not impose on them an impossible restriction. The sight of an unworthy father involuntarily suggests tormenting questions to a young creature, especially when he compares him with the excellent fathers of his companions. The conventional answer to this question is: ‘He begot you, and you are his flesh and blood, and therefore you are bound to love him.’ The youth involuntarily reflects: ‘But did he love me when he begot me?’ he asks, wondering more and more. ‘Was it for my sake he begot me? He did not know me, not even my sex, at that moment, at the moment of passion, perhaps, inflamed by wine, and he has only transmitted to me a propensity to drunkenness—that’s all he’s done for me.... Why am I bound to love him simply for begetting me when he has cared nothing for me all my life after?’
“Oh, perhaps those questions strike you as coarse and cruel, but do not expect an impossible restraint from a young mind. ‘Drive nature out of the door and it will fly in at the window,’ and, above all, let us not be afraid of words, but decide the question according to the dictates of reason and humanity and not of mystic ideas. How shall it be decided? Why, like this. Let the son stand before his father and ask him, ‘Father, tell me, why must I love you? Father, show me that I must love you,’ and if that father is able to answer him and show him good reason, we have a real, normal, parental relation, not resting on mystical prejudice, but on a rational, responsible and strictly humanitarian basis. But if he does not, there’s an end to the family tie. He is not a father to him, and the son has a right to look upon him as a stranger, and even an enemy. Our tribune, gentlemen of the jury, ought to be a school of true and sound ideas.”
(Here the orator was interrupted by irrepressible and almost frantic applause. Of course, it was not the whole audience, but a good half of it applauded. The fathers and mothers present applauded. Shrieks and exclamations were heard from the gallery, where the ladies were sitting. Handkerchiefs were waved. The President began ringing his bell with all his might. He was obviously irritated by the behavior of the audience, but did not venture to clear the court as he had threatened. Even persons of high position, old men with stars on their breasts, sitting on specially reserved seats behind the judges, applauded the orator and waved their handkerchiefs. So that when the noise died down, the President confined himself to repeating his stern threat to clear the court, and Fetyukovitch, excited and triumphant, continued his speech.)
“Gentlemen of the jury, you remember that awful night of which so much has been said to-day, when the son got over the fence and stood face to face with the enemy and persecutor who had begotten him. I insist most emphatically it was not for money he ran to his father’s house: the charge of robbery is an absurdity, as I proved before. And it was not to murder him he broke into the house, oh, no! If he had had that design he would, at least, have taken the precaution of arming himself beforehand. The brass pestle he caught up instinctively without knowing why he did it. Granted that he deceived his father by tapping at the window, granted that he made his way in—I’ve said already that I do not for a moment believe that legend, but let it be so, let us suppose it for a moment. Gentlemen, I swear to you by all that’s holy, if it had not been his father, but an ordinary enemy, he would, after running through the rooms and satisfying himself that the woman was not there, have made off, post-haste, without doing any harm to his rival. He would have struck him, pushed him away perhaps, nothing more, for he had no thought and no time to spare for that. What he wanted to know was where she was. But his father, his father! The mere sight of the father who had hated him from his childhood, had been his enemy, his persecutor, and now his unnatural rival, was enough! A feeling of hatred came over him involuntarily, irresistibly, clouding his reason. It all surged up in one moment! It was an impulse of madness and insanity, but also an impulse of nature, irresistibly and unconsciously (like everything in nature) avenging the violation of its eternal laws.
“But the prisoner even then did not murder him—I maintain that, I cry that aloud!—no, he only brandished the pestle in a burst of indignant disgust, not meaning to kill him, not knowing that he would kill him. Had he not had this fatal pestle in his hand, he would have only knocked his father down perhaps, but would not have killed him. As he ran away, he did not know whether he had killed the old man. Such a murder is not a murder. Such a murder is not a parricide. No, the murder of such a father cannot be called parricide. Such a murder can only be reckoned parricide by prejudice.
“But I appeal to you again and again from the depths of my soul; did this murder actually take place? Gentlemen of the jury, if we convict and punish him, he will say to himself: ‘These people have done nothing for my bringing up, for my education, nothing to improve my lot, nothing to make me better, nothing to make me a man. These people have not given me to eat and to drink, have not visited me in prison and nakedness, and here they have sent me to penal servitude. I am quits, I owe them nothing now, and owe no one anything for ever. They are wicked and I will be wicked. They are cruel and I will be cruel.’ That is what he will say, gentlemen of the jury. And I swear, by finding him guilty you will only make it easier for him: you will ease his conscience, he will curse the blood he has shed and will not regret it. At the same time you will destroy in him the possibility of becoming a new man, for he will remain in his wickedness and blindness all his life.
“But do you want to punish him fearfully, terribly, with the most awful punishment that could be imagined, and at the same time to save him and regenerate his soul? If so, overwhelm him with your mercy! You will see, you will hear how he will tremble and be horror-struck. ‘How can I endure this mercy? How can I endure so much love? Am I worthy of it?’ That’s what he will exclaim.
“Oh, I know, I know that heart, that wild but grateful heart, gentlemen of the jury! It will bow before your mercy; it thirsts for a great and loving action, it will melt and mount upwards. There are souls which, in their limitation, blame the whole world. But subdue such a soul with mercy, show it love, and it will curse its past, for there are many good impulses in it. Such a heart will expand and see that God is merciful and that men are good and just. He will be horror-stricken; he will be crushed by remorse and the vast obligation laid upon him henceforth. And he will not say then, ‘I am quits,’ but will say, ‘I am guilty in the sight of all men and am more unworthy than all.’ With tears of penitence and poignant, tender anguish, he will exclaim: ‘Others are better than I, they wanted to save me, not to ruin me!’ Oh, this act of mercy is so easy for you, for in the absence of anything like real evidence it will be too awful for you to pronounce: ‘Yes, he is guilty.’
“Better acquit ten guilty men than punish one innocent man! Do you hear, do you hear that majestic voice from the past century of our glorious history? It is not for an insignificant person like me to remind you that the Russian court does not exist for the punishment only, but also for the salvation of the criminal! Let other nations think of retribution and the letter of the law, we will cling to the spirit and the meaning—the salvation and the reformation of the lost. If this is true, if Russia and her justice are such, she may go forward with good cheer! Do not try to scare us with your frenzied troikas from which all the nations stand aside in disgust. Not a runaway troika, but the stately chariot of Russia will move calmly and majestically to its goal. In your hands is the fate of my client, in your hands is the fate of Russian justice. You will defend it, you will save it, you will prove that there are men to watch over it, that it is in good hands!”
