Part 2 Chapter 11

AN ADVOCATE'S VIEWS ON JUDGES AND PROSECUTORS.

Nekhludoff was admitted by the advocate before his turn. The advocate at once commenced to talk about the Menshoffs' case, which he had read with indignation at the inconsistency of the accusation.

"This case is perfectly revolting," he said; "it is very likely that the owner himself set fire to the building in order to get the insurance money, and the chief thing is that there is no evidence to prove the Menshoffs' guilt. There are no proofs whatever. It is all owing to the special zeal of the examining magistrate and the carelessness of the prosecutor. If they are tried here, and not in a provincial court, I guarantee that they will be acquitted, and I shall charge nothing. Now then, the next case, that of Theodosia Birukoff. The appeal to the Emperor is written. If you go to Petersburg, you'd better take it with you, and hand it in yourself, with a request of your own, or else they will only make a few inquiries, and nothing will come of it. You must try and get at some of the influential members of the Appeal Committee."

"Well, is this all?"

"No; here I have a letter . . . I see you have turned into a pipe--a spout through which all the complaints of the prison are poured," said the advocate, with a smile. "It is too much; you'll not be able to manage it."

"No, but this is a striking case," said Nekhludoff, and gave a brief outline of the case of a peasant who began to read the Gospels to the peasants in the village, and to discuss them with his friends. The priests regarded this as a crime and informed the authorities. The magistrate examined him and the public prosecutor drew up an act of indictment, and the law courts committed him for trial.

"This is really too terrible," Nekhludoff said. "Can it be true?"

"What are you surprised at?"

"Why, everything. I can understand the police-officer, who simply obeys orders, but the prosecutor drawing up an act of that kind. An educated man . . ."

"That is where the mistake lies, that we are in the habit of considering that the prosecutors and the judges in general are some kind of liberal persons. There was a time when they were such, but now it is quite different. They are just officials, only troubled about pay-day. They receive their salaries and want them increased, and there their principles end. They will accuse, judge, and sentence any one you like."

"Yes; but do laws really exist that can condemn a man to Siberia for reading the Bible with his friends?"

"Not only to be exiled to the less remote parts of Siberia, but even to the mines, if you can only prove that reading the Bible they took the liberty of explaining it to others not according to orders, and in this way condemned the explanations given by the Church. Blaming the Greek orthodox religion in the presence of the common people means, according to Statute . . . the mines."

"Impossible!"

"I assure you it is so. I always tell these gentlemen, the judges," the advocate continued, "that I cannot look at them without gratitude, because if I am not in prison, and you, and all of us, it is only owing to their kindness. To deprive us of our privileges, and send us all to the less remote parts of Siberia, would be an easy thing for them."

"Well, if it is so, and if everything depends on the Procureur and others who can, at will, either enforce the laws or not, what are the trials for?"

The advocate burst into a merry laugh. "You do put strange questions. My dear sir, that is philosophy. Well, we might have a talk about that, too. Could you come on Saturday? You will meet men of science, literary men, and artists at my house, and then we might discuss these general questions," said the advocate, pronouncing the words "general questions" with ironical pathos. "You have met my wife? Do come."

"Thank you; I will try to," said Nekhludoff, and felt that he was saying an untruth, and knew that if he tried to do anything it would be to keep away froth the advocate's literary evening, and the circle of the men of science, art, and literature.

The laugh with which the advocate met Nekhludoff's remark that trials could have no meaning if the judges might enforce the laws or not, according to their notion, and the tone with which he pronounced the words "philosophy" and "general questions" proved to Nekhludoff how very differently he and the advocate and, probably, the advocate's friends, looked at things; and he felt that in spite of the distance that now existed between himself and his former companions, Schonbock, etc., the difference between himself and the circle of the advocate and his friends was still greater.

律师没有按照次序，而是提前接见了聂赫留朵夫，并且立刻谈到明肖夫母子一案。他看过这份案卷，对控告他们缺乏根据表示愤慨。

“这个案子真叫人气愤，”他说，“火很可能是房东自己放的，目的是要捞到一笔保险费。但问题在于明肖夫母子的罪行根本没有得到证实，连一点罪证也没有。这都是侦讯官过分卖力，副检察官粗心大意弄出来的。这个案子只要不转到县里，而是在这里审讯，我担保官司一定会赢，而且不取分文报酬。好，现在谈另一个案件。费多霞给皇上的呈文已经写好了。您要是上彼得堡，就随身带着，亲自递上去，再托托人情。要不然他们随便问一下司法部，那边敷衍了事，一下子把它推出来，也就是驳回上诉，这样，这笔官司就完了。

您得设法送到最高当局那里去。”

“去见皇上吗？”聂赫留朵夫问。

律师笑起来。

“那可是最高级了，高得不能再高了。我说最高当局是指上诉委员会秘书或者主任。那么，没有别的事了吧？”

“有，我这里还有教派信徒写给我的信，”聂赫留朵夫从口袋里掏出一封信，说。“要是他们写的都是事实，那可真是怪事了。我今天一定要同他们见个面，了解一下到底是怎么一回事。”

“我看您已经变成一个漏斗或者瓶口，监狱里的冤案都要通过您一个一个流一出来了，”律师笑嘻嘻地说。“实在大多了，您应付不了的。”

“不，这可真是咄咄怪事，”聂赫留朵夫说，接着就简要地讲了讲案情。有一个村子，老百姓聚在一起读福音书。长官走来，把他们驱散。下一个礼拜日他们又聚在一起。长官就派了警察来，写了个公文，把他们送一交一法院。法院侦讯官审问他们，副检察官拟好起诉书，高等法院批准起诉，他们就被送一交一法庭审判。副检察官宣读起诉书，桌上放着物证——福音书，他们就被判处流放。“这真是骇人听闻，”聂赫留朵夫说。“难道真有这样的事吗？”

“这有什么好奇怪的？”

“一切都很怪。嗯，警察奉命捕人，这我是能理解的，但拟起诉书的副检察官，他总是受过教育的吧？”

“错就错在这里：我们总以为检察官、侦讯官都是些自一由派，都是新派人。他们一度是这样的人物，可现在完全变了。他们都是官僚，只关心每个月的二十号①。他们领薪水，还想加薪。他们行动的全部准则就在于此。他们要控告谁就控告谁，要审判谁就审判谁，要定谁的罪就定谁的罪。”

--------

①帝俄官府发薪的日子。

“一个人因为同人家一起读读福音书，就该被判处流放，天下真有这样的法律吗？”

“只要证实他们在读福音书时敢于不按教会规定解释，他们就不仅该被流放到不很远的地方，而且可以被送到西伯利亚服苦役。当众诽谤东正教，按刑法第一百九十六条，要被判处终身流放。”

“这不可能。”

“我老实告诉您，我一向对法官老爷们说，”律师继续讲下去，“我看见他们不能不感激涕零，因为我没有坐牢，您没有坐牢，我们大家都没有坐牢，那就得感谢他们的恩德。至于要褫夺我们每人的特权，流放到不很远的地方，那是再容易不过的事了。”

“要是检察官和有权引用或不引用法律的人可以为所欲为，那还要法院干什么？”

律师哈哈大笑。

“哈哈，瞧您提出什么问题来了！哎，老兄，这可是个哲学问题呀。当然，这种问题也可以谈。您礼拜六来吧。在我家里，您可以遇见学者、文人和画家。到那时咱们就可以谈谈一般问题了，”律师说“一般问题”时带有嘲讽的口气。

“我妻子您认识的。您来吧！”

“好的，我想法子来，”聂赫留朵夫回答，觉得自己在说谎。事实上，他所谓想法子，就是想法子不来律师家参加晚会，避免同学者、文人和画家应酬。

刚才聂赫留朵夫讲到法官有权引用或不引用法律，并且可以为所欲为，那还要法院干什么。律师听了他的话却哈哈大笑，而在谈到“哲学”和“一般问题”时又带着特殊的语气，这使聂赫留朵夫觉得他跟律师，大概也包括律师的朋友，对问题的看法大不相同。他还觉得尽管现在他跟申包克之流的旧友有了距离，但他跟律师和律师圈子里的人的距离要大得多。