er before that incident. Yet the idea had
several times presented itself to him, and he had deliberated on it--for
that we have facts, witnesses, and his own words. I confess, gentlemen of
the jury," he added, "that till to-day I have been uncertain whether to
attribute to the prisoner conscious premeditation. I was firmly convinced
that he had pictured the fatal moment beforehand, but had only pictured
it, contemplating it as a possibility. He had not definitely considered
when and how he might commit the crime.
"But I was only uncertain till to-day, till that fatal document was
presented to the court just now. You yourselves heard that young lady's
exclamation, 'It is the plan, the program of the murder!' That is how she
defined that miserable, drunken letter of the unhappy prisoner. And, in
fact, from that letter we see that the whole fact of the murder was
premeditated. It was written two days before, and so we know now for a
fact that, forty-eight hours before the perpetration of his terrible
design, the prisoner swore that, if he could not get money next day, he
would murder his father in order to take the envelope with the notes from
under his pillow, as soon as Ivan had left. 'As soon as Ivan had gone
away'--you hear that; so he had thought everything out, weighing every
circumstance, and he carried it all out just as he had written it. The
proof of premeditation is conclusive; the crime must have been committed
for the sake of the money, that is stated clearly, that is written and
signed. The prisoner does not deny his signature.
"I shall be told he was drunk when he wrote it. But that does not diminish
the value of the letter, quite the contrary; he wrote when drunk what he
had planned when sober. Had he not planned it when sober, he would not
have written it when drunk. I shall be asked: Then why did he talk about
it in taverns? A man who premeditates such a crime is silent and keeps it
to himself. Yes, but he talked about it before he had formed a plan, when
he had only the desire, only the impulse to it. Afterwards he talked less
about it. On the evening he wrote that letter at the 'Metropolis' tavern,
contrary to his custom he was silent, though he had been drinking. He did
not play billiards, he sat in a corner, talked to no one. He did indeed
turn a shopman out of his seat, but that was done almost unconsciously,
because he could never enter a tavern without making a disturbance. It is
true that after
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