“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 forever. 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!”
XIV
The Peasants Stand Firm
This was how Fetyukovitch concluded his speech, and the enthusiasm of the audience burst like an irresistible storm. It was out of the question to stop it: the women wept, many of the men wept too, even two important personages shed tears. The President submitted, and even postponed ringing his bell. The suppression of such an enthusiasm would be the suppression of something sacred, as the ladies cried afterwards. The orator himself was genuinely touched.
And it was at this moment that Ippolit Kirillovitch got up to make certain objections. People looked at him with hatred. “What? What’s the meaning of it? He positively dares to make objections,” the ladies babbled. But if the whole world of ladies, including his wife, had protested he could not have been stopped at that moment. He was pale, he was shaking with emotion, his first phrases were even unintelligible, he gasped for breath, could hardly speak clearly, lost the thread. But he soon recovered himself. Of this new speech of his I will quote only a few sentences.
“… I am reproached with having woven a romance. But what is this defense if not one romance on the top of another? All
