e has told us--he stepped
on the box and picked it up."
"The holy truth! But didn't he own himself that he told a lie at first?"
"Listen to me, listen attentively. The porter and Koch and Pestryakov
and the other porter and the wife of the first porter and the woman who
was sitting in the porter's lodge and the man Kryukov, who had just got
out of a cab at that minute and went in at the entry with a lady on his
arm, that is eight or ten witnesses, agree that Nikolay had Dmitri on
the ground, was lying on him beating him, while Dmitri hung on to his
hair, beating him, too. They lay right across the way, blocking the
thoroughfare. They were sworn at on all sides while they 'like children'
(the very words of the witnesses) were falling over one another,
squealing, fighting and laughing with the funniest faces, and, chasing
one another like children, they ran into the street. Now take careful
note. The bodies upstairs were warm, you understand, warm when they
found them! If they, or Nikolay alone, had murdered them and broken open
the boxes, or simply taken part in the robbery, allow me to ask you one
question: do their state of mind, their squeals and giggles and childish
scuffling at the gate fit in with axes, bloodshed, fiendish cunning,
robbery? They'd just killed them, not five or ten minutes before, for
the bodies were still warm, and at once, leaving the flat open, knowing
that people would go there at once, flinging away their booty, they
rolled about like children, laughing and attracting general attention.
And there are a dozen witnesses to swear to that!"
"Of course it is strange! It's impossible, indeed, but..."
"No, brother, no _buts_. And if the ear-rings being found in Nikolay's
hands at the very day and hour of the murder constitutes an important
piece of circumstantial evidence against him--although the explanation
given by him accounts for it, and therefore it does not tell seriously
against him--one must take into consideration the facts which prove him
innocent, especially as they are facts that _cannot be denied_. And
do you suppose, from the character of our legal system, that they will
accept, or that they are in a position to accept, this fact--resting
simply on a psychological impossibility--as irrefutable and conclusively
breaking down the circumstantial evidence for the prosecution? No, they
won't accept it, they certainly won't, because they found the jewel-case
and the man tried to hang h
|