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第326章

"But now the affair becomes even more complex; his jealous torments reach a climax, and those same two questions torture his fevered brain more and more: 'If I repay Katerina Ivanovna, where can I find the means to go off with Grushenka?' If he behaved wildly, drank, and made disturbances in the taverns in the course of that month, it was perhaps because he was wretched and strained beyond his powers of endurance.These two questions became so acute that they drove him at last to despair.He sent his younger brother to beg for the last time for the three thousand roubles, but without waiting for a reply, burst in himself and ended by beating the old man in the presence of witnesses.After that he had no prospect of getting it from anyone; his father would not give it him after that beating.

"The same evening he struck himself on the breast, just on the upper part of the breast where the little bag was, and swore to his brother that he had the means of not being a scoundrel, but that still he would remain a scoundrel, for he foresaw that he would not use that means, that he wouldn't have the character, that he wouldn't have the will-power to do it.Why, why does the prosecutor refuse to believe the evidence of Alexey Karamazov, given so genuinely and sincerely, so spontaneously and convincingly? And why, on the contrary, does he force me to believe in money hidden in a crevice, in the dungeons of the castle of Udolpho?

"The same evening, after his talk with his brother, the prisoner wrote that fatal letter, and that letter is the chief, the most stupendous proof of the prisoner having committed robbery! 'I shall beg from everyone, and if I don't get it I shall murder my father and shall take the envelope with the pink ribbon on it from under his mattress as soon as Ivan has gone.' A full programme of the murder, we are told, so it must have been he.'It has all been done as he wrote,' cries the prosecutor.

"But in the first place, it's the letter of a drunken man and written in great irritation; secondly, he writes of the envelope from what he has heard from Smerdyakov again, for he has not seen the envelope himself; and thirdly, he wrote it indeed, but how can you prove that he did it? Did the prisoner take the envelope from under the pillow, did he find the money, did that money exist indeed? And was it to get money that the prisoner ran off, if you remember? He ran off post-haste not to steal, but to find out where she was, the woman who had crushed him.He was not running to carry out a programme, to carry out what he had written, that is, not for an act of premeditated robbery, but he ran suddenly, spontaneously, in a jealous fury.Yes! I shall be told, but when he got there and murdered him he seized the money, too.But did he murder him after all? The charge of robbery I repudiate with indignation.A man cannot be accused of robbery, if it's impossible to state accurately what he has stolen; that's an axiom.But did he murder him without robbery, did he murder him at all? Is that proved? Isn't that, too, a romance?"Chapter 12

And There Was No Murder Either"ALLOW me, gentlemen of the jury, to remind you that a man's life is at stake and that you must be careful.We have heard the prosecutor himself admit that until to-day he hesitated to accuse the prisoner of a full and conscious premeditation of the crime; he hesitated till he saw that fatal drunken letter which was produced in court to-day.'All was done as written.' But, I repeat again, he was running to her, to seek her, solely to find out where she was.

That's a fact that can't be disputed.Had she been at home, he would not have run away, but would have remained at her side, and so would not have done what he promised in the letter.He ran unexpectedly and accidentally, and by that time very likely he did not even remember his drunken letter.'He snatched up the pestle,' they say, and you will remember how a whole edifice of psychology was built on that pestle- why he was bound to look at that pestle as a weapon, to snatch it up, and so on, and so on.A very commonplace idea occurs to me at this point: What if that pestle had not been in sight, had not been lying on the shelf from which it was snatched by the prisoner, but had been put away in a cupboard? It would not have caught the prisoner's eye, and he would have run away without a weapon, with empty hands, and then he would certainly not have killed anyone.How then can I look upon the pestle as a proof of premeditation?

"Yes, but he talked in the taverns of murdering his father, and two days before, on the evening when he wrote his drunken letter, he was quiet and only quarrelled with a shopman in the tavern, because a Karamazov could not help quarrelling, forsooth! But my answer to that is, that, if he was planning such a murder in accordance with his letter, he certainly would not have quarrelled even with a shopman, and probably would not have gone into the tavern at all, because a person plotting such a crime seeks quiet and retirement, seeks to efface himself, to avoid being seen and heard, and that not from calculation, but from instinct.Gentlemen of the jury, the psychological method is a two-edged weapon, and we, too, can use it.

As for all this shouting in taverns throughout the month, don't we often hear children, or drunkards coming out of taverns shout, 'I'll kill you'? but they don't murder anyone.And that fatal letter-isn't that simply drunken irritability, too? Isn't that simply the shout of the brawler outside the tavern, 'I'll kill you! I'll kill the lot of you!' Why not, why could it not be that? What reason have we to call that letter 'fatal' rather than absurd? Because his father has been found murdered, because a witness saw the prisoner running out of the garden with a weapon in his hand, and was knocked down by him:

therefore, we are told, everything was done as he had planned in writing, and the letter was not 'absurd,' but 'fatal.'

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