'Gentlemen of the jury, is that really so? Is it positively, actually true that there is no one else at all? We've heard the prosecutor count on his fingers all the persons who were in that house that night. They were five in number; three of them, I agree, could not have been responsible--the murdered man himself, old Grigory, and his wife. There are left then the prisoner and Smerdyakov, and the prosecutor dramatically exclaims that the prisoner pointed to Smerdyakov because he had no one else to fix on, that had there been a sixth person, even a phantom of a sixth person, he would have abandoned the charge against Smerdyakov at once in shame and have accused that other. But, gentlemen of the jury, why may I not draw the very opposite conclusion? There are two persons--the prisoner and Smerdyakov. Why can I not say that you accuse my client, simply because you have no one else to accuse? And you have no one else only because you have determined to exclude Smerdyakov from all suspicion.
'It's true, indeed, Smerdyakov is accused only by the prisoner, his two brothers, and Madame Svyetlov. But there are others who accuse him: there are vague rumours of a question, of a suspicion, an obscure report, a feeling of expectation. Finally, we have the evidence of a combination of facts very suggestive, though, I admit, inconclusive. In the first place we have precisely on the day of the catastrophe that fit, for the genuineness of which the prosecutor, for some reason, has felt obliged to make a careful defence. Then Smerdyakov's sudden suicide on the eve of the trial. Then the equally startling evidence given in court to-day by the elder of the prisoner's brothers, who had believed in his guilt, but has to-day produced a bundle of notes and proclaimed Smerdyakov as the murderer. Oh, I fully share the court's and the prosecutor's conviction that Ivan Karamazov is suffering from brain fever, that his statement may really be a desperate effort, planned in delirium, to save his brother by throwing the guilt on the dead man. But again Smerdyakov's name is pronounced, again there is a suggestion of mystery. There is something unexplained, incomplete. And perhaps it may one day be explained. But we won't go into that now. Of that later.
'The court has resolved to go on with the trial, but, meantime, I might make a few remarks about the character-sketch of Smerdyakov drawn with subtlety and talent by the prosecutor. But while I admire his talent I cannot agree with him. I have visited Smerdyakov, I have seen him and talked to him, and he made a very different impression on me. He was weak in health, it is true; but in character, in spirit, he was by no means the weak man the prosecutor has made him out to be. I found in him no trace of the timidity on which the prosecutor so insisted. There was no simplicity about him, either. I found in him, on the contrary, an extreme mistrustfulness concealed under a mask of naivete, and an intelligence of considerable range. The prosecutor was too simple in taking him for weak-minded. He made a very definite impression on me: I left him with the conviction that he was a distinctly spiteful creature, excessively ambitious, vindictive, and intensely envious. I made some inquiries: he resented his parentage, was ashamed of it, and would clench his teeth when he remembered that he was the son of 'stinking Lizaveta.’ He was disrespectful to the servant Grigory and his wife, who had cared for him in his childhood. He cursed and jeered at Russia. He dreamed of going to France and becoming a Frenchman. He used often to say that he hadn't the means to do so. I fancy he loved no one but himself and had a strangely high opinion of himself. His conception of culture was limited to good clothes, clean shirt-fronts and polished boots. Believing himself to be the illegitimate son of Fyodor Pavlovitch (there is evidence of this), he might well have resented his position, compared with that of his master's legitimate sons. They had everything, he nothing. They had all the rights, they had the inheritance, while he was only the cook. He told me himself that he had helped Fyodor Pavlovitch to put the notes in the envelope. The destination of that sum--a sum which would have made his career- must have been hateful to him. Moreover, he saw three thousand roubles in new rainbow-coloured notes. (I asked him about that on purpose.) Oh, beware of showing an ambitious and envious man a large sum of money at once! And it was the first time he had seen so much money in the hands of one man. The sight of the rainbow-coloured notes may have made a morbid impression on his imagination, but with no immediate results.
'The talented prosecutor, with extraordinary subtlety, sketched for us all the arguments for and against the hypothesis of Smerdyakov's guilt, and asked us in particular what motive he had in feigning a fit. But he may not have been feigning at all, the fit may have happened quite naturally, but it may have passed off quite naturally, and the sick man may have recovered, not completely perhaps, but still regaining consciousness, as happens with epileptics.
'The prosecutor asks at what moment could Smerdyakov have committed the murder. But it is very easy to point out that moment. He might have waked up from deep sleep (for he was only asleep--an epileptic fit is always followed by a deep sleep) at that moment when the old Grigory shouted at the top of his voice ‘Parricide!’ That shout in the dark and stillness may have waked Smerdyakov whose sleep may have been less sound at the moment: he might naturally have waked up an hour before.
'Getting out of bed, he goes almost unconsciously and with no definite motive towards the sound to see what's the matter. His head is still clouded with his attack, his faculties are half asleep; but, once in the garden, he walks to the lighted windows and he hears terrible news from his master, who would be, of course, glad to see him. His mind sets to work at once. He hears all the details from his frightened master, and gradually in his disordered brain there shapes itself an idea--terrible, but seductive and irresistibly logical. To kill the old man, take the three thousand, and throw all the blame on to his young master. A terrible lust of money, of booty, might seize upon him as he realised his security from detection. Oh! these sudden and irresistible impulses come so often when there is a favourable opportunity, and especially with murderers who have had no idea of committing a murder beforehand. And Smerdyakov may have gone in and carried out his plan. With what weapon? Why, with any stone picked up in the garden. But what for, with what object? Why, the three thousand which means a career for him. Oh, I am not contradicting myself--the money may have existed. And perhaps Smerdyakov alone knew where to find it, where his master kept it. And the covering of the money--the torn envelope on the floor?
'Just now, when the prosecutor was explaining his subtle theory that only an inexperienced thief like Karamazov would have left the envelope on the floor, and not one like Smerdyakov, who would have avoided leaving a piece of evidence against himself, I thought as I listened that I was hearing something very familiar, and, would you believe it, I have heard that very argument, that very conjecture, of how Karamazov would have behaved, precisely two days before, from Smerdyakov himself. What's more, it struck me at the time. I fancied that there was an artificial simplicity about him; that he was in a hurry to suggest this idea to me that I might fancy it was my own. He insinuated it, as it were. Did he not insinuate the same idea at the inquiry and suggest it to the talented prosecutor?
'I shall be asked, ‘What about the old woman, Grigory's wife? She heard the sick man moaning close by, all night.’ Yes, she heard it, but that evidence is extremely unreliable. I knew a lady who complained bitterly that she had been kept awake all night by a dog in the yard. Yet the poor beast, it appeared, had only yelped once or twice in the night. And that's natural. If anyone is asleep and hears a groan he wakes up, annoyed at being waked, but instantly falls asleep again. Two hours later, again a groan, he wakes up and falls asleep again; and the same thing again two hours later--three times altogether in the night. Next morning the sleeper wakes up and complains that someone has been groaning all night and keeping him awake. And it is bound to seem so to him: the intervals of two hours of sleep he does not remember, he only remembers the moments of waking, so he feels he has been waked up all night.
'But why, why, asks the prosecutor, did not Smerdyakov confess in his last letter? Why did his conscience prompt him to one step and not to both? But, excuse me, conscience implies penitence, and the suicide may not have felt penitence, but only despair. Despair and penitence are two very different things. Despair may be vindictive and irreconcilable, and the suicide, laying his hands on himself, may well have felt redoubled hatred for those whom he had envied all his life.
'Gentlemen of the jury, beware of a miscarriage of justice! What is there unlikely in all I have put before you just now? Find the error in my reasoning; find the impossibility, the absurdity. And if there is but a shade of possibility, but a shade of probability in my propositions, do not condemn him. And is there only a shade? I swear by all that is sacred, I fully believe in the explanation of the murder I have just put forward. What troubles me and makes me indignant is that of all the mass of facts heaped up by the prosecution against the prisoner, there is not a single one certain and irrefutable. And yet the unhappy man is to be ruined by the accumulation of these facts. Yes, the accumulated effect is awful: the blood, the blood dripping from his fingers, the bloodstained shirt, the dark night resounding with the shout ‘Parricide!’ and the old man falling with a broken head. And then the mass of phrases, statements, gestures, shouts! Oh! this has so much influence, it can so bias the mind; but, gentlemen of the jury, can it bias your minds? Remember, you have been given absolute power to bind and to loose, but the greater the power, the more terrible its responsibility.
