Part 1 Chapter 21

THE TRIAL--THE PROSECUTOR AND THE ADVOCATES.

When the examination of the articles of material evidence was finished, the president announced that the investigation was now concluded and immediately called on the prosecutor to proceed, hoping that as the latter was also a man, he, too, might feel inclined to smoke or dine, and show some mercy on the rest. But the public prosecutor showed mercy neither to himself nor to any one else. He was very stupid by nature, but, besides this, he had had the misfortune of finishing school with a gold medal and of receiving a reward for his essay on "Servitude" when studying Roman Law at the University, and was therefore self-confident and self-satisfied in the highest degree (his success with the ladies also conducing to this) and his stupidity had become extraordinary.

When the word was given to him, he got up slowly, showing the whole of his graceful figure in his embroidered uniform. Putting his hand on the desk he looked round the room, slightly bowing his head, and, avoiding the eyes of the prisoners, began to read the speech he had prepared while the reports were being read.

"Gentlemen of the jury! The business that now lies before you is, if I may so express myself, very characteristic."

The speech of a public prosecutor, according to his views, should always have a social importance, like the celebrated speeches made by the advocates who have become distinguished. True, the audience consisted of three women--a semptress, a cook, and Simeon's sister--and a coachman; but this did not matter. The celebrities had begun in the same way. To be always at the height of his position, i.e., to penetrate into the depths of the psychological significance of crime and to discover the wounds of society, was one of the prosecutor's principles.

"You see before you, gentlemen of the jury, a crime characteristic, if I may so express myself, of the end of our century; bearing, so to say, the specific features of that very painful phenomenon, the corruption to which those elements of our present-day society, which are, so to say, particularly exposed to the burning rays of this process, are subject."

The public prosecutor spoke at great length, trying not to forget any of the notions he had formed in his mind, and, on the other hand, never to hesitate, and let his speech flow on for an hour and a quarter without a break.

Only once he stopped and for some time stood swallowing his saliva, but he soon mastered himself and made up for the interruption by heightened eloquence. He spoke, now with a tender, insinuating accent, stepping from foot to foot and looking at the jury, now in quiet, business-like tones, glancing into his notebook, then with a loud, accusing voice, looking from the audience to the advocates. But he avoided looking at the prisoners, who were all three fixedly gazing at him. Every new craze then in vogue among his set was alluded to in his speech; everything that then was, and some things that still are, considered to be the last words of scientific wisdom: the laws of heredity and inborn criminality, evolution and the struggle for existence, hypnotism and hypnotic influence.

According to his definition, the merchant Smelkoff was of the genuine Russian type, and had perished in consequence of his generous, trusting nature, having fallen into the hands of deeply degraded individuals.

Simeon Kartinkin was the atavistic production of serfdom, a stupefied, ignorant, unprincipled man, who had not even any religion. Euphemia was his mistress, and a victim of heredity; all the signs of degeneration were noticeable in her. The chief wire-puller in this affair was Maslova, presenting the phenomenon of decadence in its lowest form. "This woman," he said, looking at her, "has, as we have to-day heard from her mistress in this court, received an education; she cannot only read and write, but she knows French; she is illegitimate, and probably carries in her the germs of criminality. She was educated in an enlightened, noble family and might have lived by honest work, but she deserts her benefactress, gives herself up to a life of shame in which she is distinguished from her companions by her education, and chiefly, gentlemen of the jury, as you have heard from her mistress, by her power of acting on the visitors by means of that mysterious capacity lately investigated by science, especially by the school of Charcot, known by the name of hypnotic influence. By these means she gets hold of this Russian, this kind-hearted Sadko, [Sadko, the hero of a legend] the rich guest, and uses his trust in order first to rob and then pitilessly to murder him."

"Well, he is piling it on now, isn't he?" said the president with a smile, bending towards the serious member.

"A fearful blockhead!" said the serious member.

Meanwhile the public prosecutor went on with his speech. "Gentlemen of the jury," gracefully swaying his body, "the fate of society is to a certain extent in your power. Your verdict will influence it. Grasp the full meaning of this crime, the danger that awaits society from those whom I may perhaps be permitted to call pathological individuals, such as Maslova. Guard it from infection; guard the innocent and strong elements of society from contagion or even destruction."

And as if himself overcome by the significance of the expected verdict, the public prosecutor sank into his chair, highly delighted with his speech.

The sense of the speech, when divested of all its flowers of rhetoric, was that Maslova, having gained the merchant's confidence, hypnotised him and went to his lodgings with his key meaning to take all the money herself, but having been caught in the act by Simeon and Euphemia had to share it with them. Then, in order to hide the traces of the crime, she had returned to the lodgings with the merchant and there poisoned him.

After the prosecutor had spoken, a middle-aged man in swallow-tail coat and low-cut waistcoat showing a large half-circle of starched white shirt, rose from the advocates' bench and made a speech in defence of Kartinkin and Botchkova; this was an advocate engaged by them for 300 roubles. He acquitted them both and put all the blame on Maslova. He denied the truth of Maslova's statements that Botchkova and Kartinkin were with her when she took the money, laying great stress on the point that her evidence could not be accepted, she being charged with poisoning. "The 2,500 roubles," the advocate said, "could have been easily earned by two honest people getting from three to five roubles per day in tips from the lodgers. The merchant's money was stolen by Maslova and given away, or even lost, as she was not in a normal state."

The poisoning was committed by Maslova alone; therefore he begged the jury to acquit Kartinkin and Botchkova of stealing the money; or if they could not acquit them of the theft, at least to admit that it was done without any participation in the poisoning.

In conclusion the advocate remarked, with a thrust at the public prosecutor, that "the brilliant observations of that gentleman on heredity, while explaining scientific facts concerning heredity, were inapplicable in this case, as Botchkova was of unknown parentage." The public prosecutor put something down on paper with an angry look, and shrugged his shoulders in contemptuous surprise.

Then Maslova's advocate rose, and timidly and hesitatingly began his speech in her defence.

Without denying that she had taken part in the stealing of the money, he insisted on the fact that she had no intention of poisoning Smelkoff, but had given him the powder only to make him fall asleep. He tried to go in for a little eloquence in giving a description of how Maslova was led into a life of debauchery by a man who had remained unpunished while she had to bear all the weight of her fall; but this excursion into the domain of psychology was so unsuccessful that it made everybody feel uncomfortable. When he muttered something about men's cruelty and women's helplessness, the president tried to help him by asking him to keep closer to the facts of the case. When he had finished the public prosecutor got up to reply. He defended his position against the first advocate, saying that oven if Botchkova was of unknown parentage the truth of the doctrine of heredity was thereby in no way invalidated, since the laws of heredity were so far proved by science that we can not only deduce the crime from heredity, but heredity from the crime. As to the statement made in defence of Maslova, that she was the victim of an imaginary (he laid a particularly venomous stress on the word imaginary) betrayer, he could only say that from the evidence before them it was much more likely that she had played the part of temptress to many and many a victim who had fallen into her hands. Having said this he sat down in triumph. Then the prisoners were offered permission to speak in their own defence.

Euphemia Botchkova repeated once more that she knew nothing about it and had taken part in nothing, and firmly laid the whole blame on Maslova. Simeon Kartinkin only repeated several times: "It is your business, but I am innocent; it's unjust." Maslova said nothing in her defence. Told she might do so by the president, she only lifted her eyes to him, cast a look round the room like a hunted animal, and, dropping her head, began to cry, sobbing aloud.

"What is the matter?" the merchant asked Nekhludoff, hearing him utter a strange sound. This was the sound of weeping fiercely kept back. Nekhludoff had not yet understood the significance of his present position, and attributed the sobs he could hardly keep back and the tears that filled his eyes to the weakness of his nerves. He put on his pince-nez in order to hide the tears, then got out his handkerchief and began blowing his nose.

Fear of the disgrace that would befall him if every one in the court knew of his conduct stifled the inner working of his soul. This fear was, during this first period, stronger than all else.

等物证检查完毕，庭长宣布法庭调查结束。他希望快点了结这个案件，就不休息，请提出公诉的副检察官发言，心想他也是人，也要吸烟吃饭，一定会顾惜他们的。不料副检察官既不顾惜自己，也不顾惜别人。他这人天生十分愚蠢，加上中学毕业时又获得了金质奖章，在大学里写了一篇关于罗马法地役权的论文得到奖金，因此自命不凡，刚愎自用（他在女人方面取得的成功更使他扬扬自得），结果也就变得越发愚蠢。庭长请他发言，他慢条斯理地站起来，显示出穿着绣有花纹的制一服的优美身材，双手按住写字台，稍微低下头，向法庭扫视了一下，但目光避开被告们，开始发言。

“诸位陪审员先生，你们承审的案件，”他开始发表刚才在宣读报告时准备好的演说，“是一个典型的——如果可以这样说的话——犯罪案件。”

副检察官自以为他的演说应该有社会影响，就象那些名律师发表他们一举成名的演说那样。不错，旁听席上只坐着三个女人——一个女裁缝、一个厨一娘一和西蒙的姐姐，还有一个马车夫，但这并不影响他的演说。社会名流也都是这样崭露头角的。副检察官的行一事原则，就是要永远高瞻远瞩，换句话说，就是要探索犯罪心理奥秘，揭露社会溃疡。

“诸位陪审员先生，你们看见你们面前这个典型的——如果可以这样说的话——世纪末罪行。这种罪行具有可悲的腐化堕一落的特征，而在我们这个时代，我们社会里某些分子就受到这种堕一落风气的严重影响……”

副检察官讲了好半天，一方面，竭力思索他已经想好的种种警句，另一方面，主要的是使他的演讲能毫不停顿，滔一滔一不一绝地讲上一小时零一刻钟。他只停顿了一次，咽了好一阵唾沫，但立刻振作一精一神，更加口若悬河地说下去，来弥补这个间歇。他一会儿换一只脚站着，眼睛盯着陪审员，对他们曲意奉承；一会儿看看笔记本，声音平静而老练；一会儿又用慷慨激昂的语气控诉，身一子忽而对着旁听者，忽而对着陪审员。只有那三个被告他一眼也不看，虽然他们都睁大眼睛望着他。他的演讲引用了当时在他们圈子里很流行的最新理论。这种理论不仅当时很时髦，就是到今天也还是被看成学术上的新事物，其中包括遗传学、先天犯罪说、龙勃罗梭①、塔尔德②、进化论、生存竞争、催眠术、暗示说、沙尔科③、颓废论。

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①戈勃罗梭（1836—1909）——意大利一精一神病学者，刑事人类学派的代表，认为“犯罪”是从有人类以来长期遗传的结果，提出反动的“先天犯罪说”。

②塔尔德（1843—1904）——法国社会学家，刑事学家。

③沙尔科（1825—1893）——法国神经病理学家，曾著书论述催眠术。

按照副检察官的判断，商人斯梅里科夫是个强壮淳朴的俄罗斯人，天一性一忠厚，气度宽大，轻信别人，以致落入无一耻男一女之手，不幸丧生。

西蒙·卡尔津金是农一奴一制隔代遗传的产物，一生备受压迫，缺乏教养，毫无原则，甚至不信宗教。叶菲米雅是他的情一妇，是遗传的牺牲品，身上具有一精一神退化的种种征状。但造成罪行的主要动力是玛丝洛娃，她是颓废派的最恶劣代表。

“这个女人，”副检察官眼睛不看她，说，“受过教育，因为我们刚才在这个法庭里听到她掌班的证词。她不仅能读书写字，还懂得法语。她是个孤儿，多半生来带着犯罪的胚胎。她出身于有教养的贵族家庭，本可以靠诚实的劳动生活，可是她抛弃她的恩人，放纵一情一欲。为了满足情一欲而投身一妓一院，并由于受过教育而在姑一娘一中间特别走运。不过，诸位陪审员先生，正如刚才你们在这里听她掌班说的那样，主要是由于她能用一种神秘的本领控制嫖一客。这种本领最近已由科学，特别是沙尔科学派研究出来，被称为‘暗示说’。她就是凭这种本领控制了那位善良、轻信而富裕的俄罗斯壮士，利用他对她的信任先盗窃钱财，然后又丧尽天良要了他的命。”

“哼，他这简直是一胡一说八道，”庭长笑着侧身对那个严厉的法官说。

“十足的笨蛋，”严厉的法官回答说。

“诸位陪审员先生，”这时副检察官姿势优美地扭一动细一腰，继续说下去，“这些人的命运现在掌握在你们手里，不过社会的命运也多少掌握在你们手里，因为你们的判决将对社会发生影响。你们要深切注意这种罪行的危害一性一，注意玛丝洛娃之类病态人物对社会形成的威胁。你们要保护社会不受他们的传染，要保护这个社会中纯洁健康的成员不因此而导致常见的灭亡。”

副检察官似乎被当前判决的重要一性一所慑服，同时又陶醉于自己的演说，终于无力地在椅子上坐下来。

他的演说剥去华丽的词藻，中心意思就是，玛丝洛娃用催眠术把商人迷倒，骗得他的信任，拿了钥匙到旅馆房间取钱，原想独吞那些钱财，但被西蒙和叶菲米雅撞见，只得同他们分赃。这以后，为了掩盖犯罪痕迹，她又同那商人一起回到旅馆，在那里把他毒死。

副检察官发言以后，就有一个身穿燕尾服、胸前露出半圆形阔硬衬的中年人，从律师席上站起来，神气活现地替卡尔津金和包奇科娃辩护。这是他们花了三百卢布雇来的辩护律师。他为他们两人开脱，把全部罪责都推在玛丝洛娃身上。

律师批驳玛丝洛娃所说的她取钱时包奇科娃和卡尔津金都在场的供词，坚持说她既然是个已被揭发的毒死人命犯，她的供词就毫无价值。他还说，至于两千五百卢布，那么两个勤劳正直的茶房是挣得出来的，他们有时一天可以从旅客手里得到三、五个卢布赏钱。至于商人的钱，那是被玛丝洛娃盗窃了，可能已转一交一给什么人，甚至于丢失了，因为当时她一精一神状态不正常。毒死商人是玛丝洛娃一人干的。

因此他要求陪审员裁定卡尔津金和包奇科娃在盗窃钱财上无罪；如果陪审员裁定他们在盗窃上有罪，那么他们至少没有参与毒死人命罪，也没有参与预谋。

律师在结尾时刺了一下副检察官，说副检察官先生关于遗传科学方面的一番宏论，虽然一精一辟，但并不适用于本案，因为包奇科娃父母的身分不明。

副检察官恨得咬牙切齿，在一张纸上记了些什么，露出轻蔑而惊讶的神气耸耸肩膀。

接着，玛丝洛娃的律师站起来辩护。他说话结结巴巴，显然有点胆怯。他没有否认玛丝洛娃参与盗窃钱财，只坚持她没有蓄意毒死斯梅里科夫，给他吃药粉只是为了让他睡觉。他想施展一下他的口才，就提纲挈领地讲了玛丝洛娃当年怎样受一个男人诱一奸一，那个男人至今逍遥法外，而她却不得不承受堕一落的全部重担。但律师在心理学方面的分析并没有取得成功，因为人人听了都替他害臊。他谈到男人的粗一暴残忍和女人的悲惨痛苦的时候，已经语无伦次，庭长有意帮他解围，就请他不要离题太远。

这个律师讲完后，副检察官又站起来，批驳第一个律师的话，为自己的遗传学论点辩护。他说，即使包奇科娃的父母身分不明，遗传学说的正确一性一也丝毫不受损害，因为遗传规律已为科学所充分证实，我们不仅能通过遗传推断犯罪，而且能通过犯罪推断遗传。至于另一位辩护人说，玛丝洛娃曾受一个凭空想象的（他用特别恶毒的口气说了“凭空想象的”几个字）引一诱者的腐蚀，那么种种事实毋宁说，是她引一诱了许许多多男人，使他们落在她的手里，成为无辜的牺牲品。他说完这话，得意扬扬地坐下。接着，法庭让被告们自己辩护。

叶菲米雅·包奇科娃一再说她什么也不知道，什么事也没有参与，一口咬定一切罪行都是玛丝洛娃独自干的。西蒙只是反复说：

“你们要怎么办就怎么办，反正我没有罪，我是冤枉的。”

玛丝洛娃却什么话也没说。庭长对她说，她有权替自己辩护，她却象一头被包围的野兽，只抬起眼睛来对他望望，又望望其他人，接着垂下眼睛，放声痛哭起来。

“您怎么啦？”坐在聂赫留朵夫旁边的那个商人，听见聂赫留朵夫突然嘴里发出古怪的声音，问道。原来聂赫留朵夫正勉强忍住一抽一噎。

聂赫留朵夫还弄不清他目前的处境究竟是怎么一回事，就把强自克制的一抽一噎和夺眶而出的泪水看作神经脆弱的表现。为了掩饰，他戴上夹鼻眼镜，接着掏出手绢，擤了擤鼻涕。

他想到要是法庭里人人都知道他的罪行，他就会丢尽脸面。这种恐惧压倒了他的内心斗争，在这最初阶段，它比什么都强烈。