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.
等物證檢查完畢，庭長(zhǎng)宣布法庭調(diào)查結(jié)束。他希望快點(diǎn)了結(jié)這個(gè)案件，就不休息，請(qǐng)?zhí)岢龉V的副檢察官發(fā)言，心想他也是人，也要吸煙吃飯，一定會(huì)顧惜他們的。不料副檢察官既不顧惜自己，也不顧惜別人。他這人天生十分愚蠢，加上中學(xué)畢業(yè)時(shí)又獲得了金質(zhì)獎(jiǎng)?wù)?，在大學(xué)里寫了一篇關(guān)于羅馬法地役權(quán)的論文得到獎(jiǎng)金，因此自命不凡，剛愎自用（他在女人方面取得的成功更使他揚(yáng)揚(yáng)自得），結(jié)果也就變得越發(fā)愚蠢。庭長(zhǎng)請(qǐng)他發(fā)言，他慢條斯理地站起來，顯示出穿著繡有花紋的制服的優(yōu)美身材，雙手按住寫字臺(tái)，稍微低下頭，向法庭掃視了一下，但目光避開被告?zhèn)?，開始發(fā)言。
“諸位陪審員先生，你們承審的案件，”他開始發(fā)表剛才在宣讀報(bào)告時(shí)準(zhǔn)備好的演說，“是一個(gè)典型的——如果可以這樣說的話——犯罪案件?！?BR> 副檢察官自以為他的演說應(yīng)該有社會(huì)影響，就象那些名律師發(fā)表他們一舉成名的演說那樣。不錯(cuò)，旁聽席上只坐著三個(gè)女人——一個(gè)女裁縫、一個(gè)廚娘和西蒙的姐姐，還有一個(gè)馬車夫，但這并不影響他的演說。社會(huì)名流也都是這樣嶄露頭角的。副檢察官的行事原則，就是要永遠(yuǎn)高瞻遠(yuǎn)矚，換句話說，就是要探索犯罪心理奧秘，揭露社會(huì)潰瘍。
“諸位陪審員先生，你們看見你們面前這個(gè)典型的——如果可以這樣說的話——世紀(jì)末罪行。這種罪行具有可悲的腐化墮落的特征，而在我們這個(gè)時(shí)代，我們社會(huì)里某些分子就受到這種墮落風(fēng)氣的嚴(yán)重影響……”
副檢察官講了好半天，一方面，竭力思索他已經(jīng)想好的種種警句，另一方面，主要的是使他的演講能毫不停頓，滔滔不絕地講上一小時(shí)零一刻鐘。他只停頓了一次，咽了好一陣唾沫，但立刻振作精神，更加口若懸河地說下去，來彌補(bǔ)這個(gè)間歇。他一會(huì)兒換一只腳站著，眼睛盯著陪審員，對(duì)他們曲意奉承；一會(huì)兒看看筆記本，聲音平靜而老練；一會(huì)兒又用慷慨激昂的語氣控訴，身子忽而對(duì)著旁聽者，忽而對(duì)著陪審員。只有那三個(gè)被告他一眼也不看，雖然他們都睜大眼睛望著他。他的演講引用了當(dāng)時(shí)在他們?nèi)ψ永锖芰餍械淖钚吕碚?。這種理論不僅當(dāng)時(shí)很時(shí)髦，就是到今天也還是被看成學(xué)術(shù)上的新事物，其中包括遺傳學(xué)、先天犯罪說、龍勃羅梭①、塔爾德②、進(jìn)化論、生存競(jìng)爭(zhēng)、催眠術(shù)、暗示說、沙爾科③、頹廢論。
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①戈勃羅梭（1836—1909）——意大利精神病學(xué)者，刑事人類學(xué)派的代表，認(rèn)為“犯罪”是從有人類以來長(zhǎng)期遺傳的結(jié)果，提出反動(dòng)的“先天犯罪說”。
②塔爾德（1843—1904）——法國社會(huì)學(xué)家，刑事學(xué)家。
③沙爾科（1825—1893）——法國神經(jīng)病理學(xué)家，曾著書論述催眠術(shù)。
按照副檢察官的判斷，商人斯梅里科夫是個(gè)強(qiáng)壯淳樸的俄羅斯人，天性忠厚，氣度寬大，輕信別人，以致落入無恥男女之手，不幸喪生。
西蒙·卡爾津金是農(nóng)奴制隔代遺傳的產(chǎn)物，一生備受壓迫，缺乏教養(yǎng)，毫無原則，甚至不信宗教。葉菲米雅是他的情婦，是遺傳的犧牲品，身上具有精神退化的種種征狀。但造成罪行的主要?jiǎng)恿κ乾斀z洛娃，她是頹廢派的最惡劣代表。
“這個(gè)女人，”副檢察官眼睛不看她，說，“受過教育，因?yàn)槲覀儎偛旁谶@個(gè)法庭里聽到她掌班的證詞。她不僅能讀書寫字，還懂得法語。她是個(gè)孤兒，多半生來帶著犯罪的胚胎。她出身于有教養(yǎng)的貴族家庭，本可以靠誠實(shí)的勞動(dòng)生活，可是她拋棄她的恩人，放縱情欲。為了滿足情欲而投身妓院，并由于受過教育而在姑娘中間特別走運(yùn)。不過，諸位陪審員先生，正如剛才你們?cè)谶@里聽她掌班說的那樣，主要是由于她能用一種神秘的本領(lǐng)控制嫖客。這種本領(lǐng)最近已由科學(xué)，特別是沙爾科學(xué)派研究出來，被稱為‘暗示說’。她就是憑這種本領(lǐng)控制了那位善良、輕信而富裕的俄羅斯壯士，利用他對(duì)她的信任先盜竊錢財(cái)，然后又喪盡天良要了他的命?！?BR> “哼，他這簡(jiǎn)直是胡說八道，”庭長(zhǎng)笑著側(cè)身對(duì)那個(gè)嚴(yán)厲的法官說。
“十足的笨蛋，”嚴(yán)厲的法官回答說。
“諸位陪審員先生，”這時(shí)副檢察官姿勢(shì)優(yōu)美地扭動(dòng)細(xì)腰，繼續(xù)說下去，“這些人的命運(yùn)現(xiàn)在掌握在你們手里，不過社會(huì)的命運(yùn)也多少掌握在你們手里，因?yàn)槟銈兊呐袥Q將對(duì)社會(huì)發(fā)生影響。你們要深切注意這種罪行的危害性，注意瑪絲洛娃之類病態(tài)人物對(duì)社會(huì)形成的威脅。你們要保護(hù)社會(huì)不受他們的傳染，要保護(hù)這個(gè)社會(huì)中純潔健康的成員不因此而導(dǎo)致常見的滅亡?！?BR> 副檢察官似乎被當(dāng)前判決的重要性所懾服，同時(shí)又陶醉于自己的演說，終于無力地在椅子上坐下來。
他的演說剝?nèi)トA麗的詞藻，中心意思就是，瑪絲洛娃用催眠術(shù)把商人迷倒，騙得他的信任，拿了鑰匙到旅館房間取錢，原想獨(dú)吞那些錢財(cái)，但被西蒙和葉菲米雅撞見，只得同他們分贓。這以后，為了掩蓋犯罪痕跡，她又同那商人一起回到旅館，在那里把他毒死。
副檢察官發(fā)言以后，就有一個(gè)身穿燕尾服、胸前露出半圓形闊硬襯的中年人，從律師席上站起來，神氣活現(xiàn)地替卡爾津金和包奇科娃辯護(hù)。這是他們花了三百盧布雇來的辯護(hù)律師。他為他們兩人開脫，把全部罪責(zé)都推在瑪絲洛娃身上。
律師批駁瑪絲洛娃所說的她取錢時(shí)包奇科娃和卡爾津金都在場(chǎng)的供詞，堅(jiān)持說她既然是個(gè)已被揭發(fā)的毒死人命犯，她的供詞就毫無價(jià)值。他還說，至于兩千五百盧布，那么兩個(gè)勤勞正直的茶房是掙得出來的，他們有時(shí)一天可以從旅客手里得到三、五個(gè)盧布賞錢。至于商人的錢，那是被瑪絲洛娃盜竊了，可能已轉(zhuǎn)交給什么人，甚至于丟失了，因?yàn)楫?dāng)時(shí)她精神狀態(tài)不正常。毒死商人是瑪絲洛娃一人干的。
因此他要求陪審員裁定卡爾津金和包奇科娃在盜竊錢財(cái)上無罪；如果陪審員裁定他們?cè)诒I竊上有罪，那么他們至少?zèng)]有參與毒死人命罪，也沒有參與預(yù)謀。
律師在結(jié)尾時(shí)刺了一下副檢察官，說副檢察官先生關(guān)于遺傳科學(xué)方面的一番宏論，雖然精辟，但并不適用于本案，因?yàn)榘婵仆薷改傅纳矸植幻鳌?BR> 副檢察官恨得咬牙切齒，在一張紙上記了些什么，露出輕蔑而驚訝的神氣聳聳肩膀。
接著，瑪絲洛娃的律師站起來辯護(hù)。他說話結(jié)結(jié)巴巴，顯然有點(diǎn)膽怯。他沒有否認(rèn)瑪絲洛娃參與盜竊錢財(cái)，只堅(jiān)持她沒有蓄意毒死斯梅里科夫，給他吃藥粉只是為了讓他睡覺。他想施展一下他的口才，就提綱挈領(lǐng)地講了瑪絲洛娃當(dāng)年怎樣受一個(gè)男人誘*，那個(gè)男人至今逍遙法外，而她卻不得不承受墮落的全部重?fù)?dān)。但律師在心理學(xué)方面的分析并沒有取得成功，因?yàn)槿巳寺犃硕继嫠﹄Ｋ劦侥腥说拇直埲毯团说谋瘧K痛苦的時(shí)候，已經(jīng)語無倫次，庭長(zhǎng)有意幫他解圍，就請(qǐng)他不要離題太遠(yuǎn)。
這個(gè)律師講完后，副檢察官又站起來，批駁第一個(gè)律師的話，為自己的遺傳學(xué)論點(diǎn)辯護(hù)。他說，即使包奇科娃的父母身分不明，遺傳學(xué)說的正確性也絲毫不受損害，因?yàn)檫z傳規(guī)律已為科學(xué)所充分證實(shí)，我們不僅能通過遺傳推斷犯罪，而且能通過犯罪推斷遺傳。至于另一位辯護(hù)人說，瑪絲洛娃曾受一個(gè)憑空想象的（他用特別惡毒的口氣說了“憑空想象的”幾個(gè)字）引誘者的腐蝕，那么種種事實(shí)毋寧說，是她引誘了許許多多男人，使他們落在她的手里，成為無辜的犧牲品。他說完這話，得意揚(yáng)揚(yáng)地坐下。接著，法庭讓被告?zhèn)冏约恨q護(hù)。
葉菲米雅·包奇科娃一再說她什么也不知道，什么事也沒有參與，一口咬定一切罪行都是瑪絲洛娃獨(dú)自干的。西蒙只是反復(fù)說：
“你們要怎么辦就怎么辦，反正我沒有罪，我是冤枉的?！?BR> 瑪絲洛娃卻什么話也沒說。庭長(zhǎng)對(duì)她說，她有權(quán)替自己辯護(hù)，她卻象一頭被包圍的野獸，只抬起眼睛來對(duì)他望望，又望望其他人，接著垂下眼睛，放聲痛哭起來。
“您怎么啦？”坐在聶赫留朵夫旁邊的那個(gè)商人，聽見聶赫留朵夫突然嘴里發(fā)出古怪的聲音，問道。原來聶赫留朵夫正勉強(qiáng)忍住抽噎。
聶赫留朵夫還弄不清他目前的處境究竟是怎么一回事，就把強(qiáng)自克制的抽噎和奪眶而出的淚水看作神經(jīng)脆弱的表現(xiàn)。為了掩飾，他戴上夾鼻眼鏡，接著掏出手絹，擤了擤鼻涕。
他想到要是法庭里人人都知道他的罪行，他就會(huì)丟盡臉面。這種恐懼壓倒了他的內(nèi)心斗爭(zhēng)，在這最初階段，它比什么都強(qiáng)烈。
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.
等物證檢查完畢，庭長(zhǎng)宣布法庭調(diào)查結(jié)束。他希望快點(diǎn)了結(jié)這個(gè)案件，就不休息，請(qǐng)?zhí)岢龉V的副檢察官發(fā)言，心想他也是人，也要吸煙吃飯，一定會(huì)顧惜他們的。不料副檢察官既不顧惜自己，也不顧惜別人。他這人天生十分愚蠢，加上中學(xué)畢業(yè)時(shí)又獲得了金質(zhì)獎(jiǎng)?wù)?，在大學(xué)里寫了一篇關(guān)于羅馬法地役權(quán)的論文得到獎(jiǎng)金，因此自命不凡，剛愎自用（他在女人方面取得的成功更使他揚(yáng)揚(yáng)自得），結(jié)果也就變得越發(fā)愚蠢。庭長(zhǎng)請(qǐng)他發(fā)言，他慢條斯理地站起來，顯示出穿著繡有花紋的制服的優(yōu)美身材，雙手按住寫字臺(tái)，稍微低下頭，向法庭掃視了一下，但目光避開被告?zhèn)?，開始發(fā)言。
“諸位陪審員先生，你們承審的案件，”他開始發(fā)表剛才在宣讀報(bào)告時(shí)準(zhǔn)備好的演說，“是一個(gè)典型的——如果可以這樣說的話——犯罪案件?！?BR> 副檢察官自以為他的演說應(yīng)該有社會(huì)影響，就象那些名律師發(fā)表他們一舉成名的演說那樣。不錯(cuò)，旁聽席上只坐著三個(gè)女人——一個(gè)女裁縫、一個(gè)廚娘和西蒙的姐姐，還有一個(gè)馬車夫，但這并不影響他的演說。社會(huì)名流也都是這樣嶄露頭角的。副檢察官的行事原則，就是要永遠(yuǎn)高瞻遠(yuǎn)矚，換句話說，就是要探索犯罪心理奧秘，揭露社會(huì)潰瘍。
“諸位陪審員先生，你們看見你們面前這個(gè)典型的——如果可以這樣說的話——世紀(jì)末罪行。這種罪行具有可悲的腐化墮落的特征，而在我們這個(gè)時(shí)代，我們社會(huì)里某些分子就受到這種墮落風(fēng)氣的嚴(yán)重影響……”
副檢察官講了好半天，一方面，竭力思索他已經(jīng)想好的種種警句，另一方面，主要的是使他的演講能毫不停頓，滔滔不絕地講上一小時(shí)零一刻鐘。他只停頓了一次，咽了好一陣唾沫，但立刻振作精神，更加口若懸河地說下去，來彌補(bǔ)這個(gè)間歇。他一會(huì)兒換一只腳站著，眼睛盯著陪審員，對(duì)他們曲意奉承；一會(huì)兒看看筆記本，聲音平靜而老練；一會(huì)兒又用慷慨激昂的語氣控訴，身子忽而對(duì)著旁聽者，忽而對(duì)著陪審員。只有那三個(gè)被告他一眼也不看，雖然他們都睜大眼睛望著他。他的演講引用了當(dāng)時(shí)在他們?nèi)ψ永锖芰餍械淖钚吕碚?。這種理論不僅當(dāng)時(shí)很時(shí)髦，就是到今天也還是被看成學(xué)術(shù)上的新事物，其中包括遺傳學(xué)、先天犯罪說、龍勃羅梭①、塔爾德②、進(jìn)化論、生存競(jìng)爭(zhēng)、催眠術(shù)、暗示說、沙爾科③、頹廢論。
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①戈勃羅梭（1836—1909）——意大利精神病學(xué)者，刑事人類學(xué)派的代表，認(rèn)為“犯罪”是從有人類以來長(zhǎng)期遺傳的結(jié)果，提出反動(dòng)的“先天犯罪說”。
②塔爾德（1843—1904）——法國社會(huì)學(xué)家，刑事學(xué)家。
③沙爾科（1825—1893）——法國神經(jīng)病理學(xué)家，曾著書論述催眠術(shù)。
按照副檢察官的判斷，商人斯梅里科夫是個(gè)強(qiáng)壯淳樸的俄羅斯人，天性忠厚，氣度寬大，輕信別人，以致落入無恥男女之手，不幸喪生。
西蒙·卡爾津金是農(nóng)奴制隔代遺傳的產(chǎn)物，一生備受壓迫，缺乏教養(yǎng)，毫無原則，甚至不信宗教。葉菲米雅是他的情婦，是遺傳的犧牲品，身上具有精神退化的種種征狀。但造成罪行的主要?jiǎng)恿κ乾斀z洛娃，她是頹廢派的最惡劣代表。
“這個(gè)女人，”副檢察官眼睛不看她，說，“受過教育，因?yàn)槲覀儎偛旁谶@個(gè)法庭里聽到她掌班的證詞。她不僅能讀書寫字，還懂得法語。她是個(gè)孤兒，多半生來帶著犯罪的胚胎。她出身于有教養(yǎng)的貴族家庭，本可以靠誠實(shí)的勞動(dòng)生活，可是她拋棄她的恩人，放縱情欲。為了滿足情欲而投身妓院，并由于受過教育而在姑娘中間特別走運(yùn)。不過，諸位陪審員先生，正如剛才你們?cè)谶@里聽她掌班說的那樣，主要是由于她能用一種神秘的本領(lǐng)控制嫖客。這種本領(lǐng)最近已由科學(xué)，特別是沙爾科學(xué)派研究出來，被稱為‘暗示說’。她就是憑這種本領(lǐng)控制了那位善良、輕信而富裕的俄羅斯壯士，利用他對(duì)她的信任先盜竊錢財(cái)，然后又喪盡天良要了他的命?！?BR> “哼，他這簡(jiǎn)直是胡說八道，”庭長(zhǎng)笑著側(cè)身對(duì)那個(gè)嚴(yán)厲的法官說。
“十足的笨蛋，”嚴(yán)厲的法官回答說。
“諸位陪審員先生，”這時(shí)副檢察官姿勢(shì)優(yōu)美地扭動(dòng)細(xì)腰，繼續(xù)說下去，“這些人的命運(yùn)現(xiàn)在掌握在你們手里，不過社會(huì)的命運(yùn)也多少掌握在你們手里，因?yàn)槟銈兊呐袥Q將對(duì)社會(huì)發(fā)生影響。你們要深切注意這種罪行的危害性，注意瑪絲洛娃之類病態(tài)人物對(duì)社會(huì)形成的威脅。你們要保護(hù)社會(huì)不受他們的傳染，要保護(hù)這個(gè)社會(huì)中純潔健康的成員不因此而導(dǎo)致常見的滅亡?！?BR> 副檢察官似乎被當(dāng)前判決的重要性所懾服，同時(shí)又陶醉于自己的演說，終于無力地在椅子上坐下來。
他的演說剝?nèi)トA麗的詞藻，中心意思就是，瑪絲洛娃用催眠術(shù)把商人迷倒，騙得他的信任，拿了鑰匙到旅館房間取錢，原想獨(dú)吞那些錢財(cái)，但被西蒙和葉菲米雅撞見，只得同他們分贓。這以后，為了掩蓋犯罪痕跡，她又同那商人一起回到旅館，在那里把他毒死。
副檢察官發(fā)言以后，就有一個(gè)身穿燕尾服、胸前露出半圓形闊硬襯的中年人，從律師席上站起來，神氣活現(xiàn)地替卡爾津金和包奇科娃辯護(hù)。這是他們花了三百盧布雇來的辯護(hù)律師。他為他們兩人開脫，把全部罪責(zé)都推在瑪絲洛娃身上。
律師批駁瑪絲洛娃所說的她取錢時(shí)包奇科娃和卡爾津金都在場(chǎng)的供詞，堅(jiān)持說她既然是個(gè)已被揭發(fā)的毒死人命犯，她的供詞就毫無價(jià)值。他還說，至于兩千五百盧布，那么兩個(gè)勤勞正直的茶房是掙得出來的，他們有時(shí)一天可以從旅客手里得到三、五個(gè)盧布賞錢。至于商人的錢，那是被瑪絲洛娃盜竊了，可能已轉(zhuǎn)交給什么人，甚至于丟失了，因?yàn)楫?dāng)時(shí)她精神狀態(tài)不正常。毒死商人是瑪絲洛娃一人干的。
因此他要求陪審員裁定卡爾津金和包奇科娃在盜竊錢財(cái)上無罪；如果陪審員裁定他們?cè)诒I竊上有罪，那么他們至少?zèng)]有參與毒死人命罪，也沒有參與預(yù)謀。
律師在結(jié)尾時(shí)刺了一下副檢察官，說副檢察官先生關(guān)于遺傳科學(xué)方面的一番宏論，雖然精辟，但并不適用于本案，因?yàn)榘婵仆薷改傅纳矸植幻鳌?BR> 副檢察官恨得咬牙切齒，在一張紙上記了些什么，露出輕蔑而驚訝的神氣聳聳肩膀。
接著，瑪絲洛娃的律師站起來辯護(hù)。他說話結(jié)結(jié)巴巴，顯然有點(diǎn)膽怯。他沒有否認(rèn)瑪絲洛娃參與盜竊錢財(cái)，只堅(jiān)持她沒有蓄意毒死斯梅里科夫，給他吃藥粉只是為了讓他睡覺。他想施展一下他的口才，就提綱挈領(lǐng)地講了瑪絲洛娃當(dāng)年怎樣受一個(gè)男人誘*，那個(gè)男人至今逍遙法外，而她卻不得不承受墮落的全部重?fù)?dān)。但律師在心理學(xué)方面的分析并沒有取得成功，因?yàn)槿巳寺犃硕继嫠﹄Ｋ劦侥腥说拇直埲毯团说谋瘧K痛苦的時(shí)候，已經(jīng)語無倫次，庭長(zhǎng)有意幫他解圍，就請(qǐng)他不要離題太遠(yuǎn)。
這個(gè)律師講完后，副檢察官又站起來，批駁第一個(gè)律師的話，為自己的遺傳學(xué)論點(diǎn)辯護(hù)。他說，即使包奇科娃的父母身分不明，遺傳學(xué)說的正確性也絲毫不受損害，因?yàn)檫z傳規(guī)律已為科學(xué)所充分證實(shí)，我們不僅能通過遺傳推斷犯罪，而且能通過犯罪推斷遺傳。至于另一位辯護(hù)人說，瑪絲洛娃曾受一個(gè)憑空想象的（他用特別惡毒的口氣說了“憑空想象的”幾個(gè)字）引誘者的腐蝕，那么種種事實(shí)毋寧說，是她引誘了許許多多男人，使他們落在她的手里，成為無辜的犧牲品。他說完這話，得意揚(yáng)揚(yáng)地坐下。接著，法庭讓被告?zhèn)冏约恨q護(hù)。
葉菲米雅·包奇科娃一再說她什么也不知道，什么事也沒有參與，一口咬定一切罪行都是瑪絲洛娃獨(dú)自干的。西蒙只是反復(fù)說：
“你們要怎么辦就怎么辦，反正我沒有罪，我是冤枉的?！?BR> 瑪絲洛娃卻什么話也沒說。庭長(zhǎng)對(duì)她說，她有權(quán)替自己辯護(hù)，她卻象一頭被包圍的野獸，只抬起眼睛來對(duì)他望望，又望望其他人，接著垂下眼睛，放聲痛哭起來。
“您怎么啦？”坐在聶赫留朵夫旁邊的那個(gè)商人，聽見聶赫留朵夫突然嘴里發(fā)出古怪的聲音，問道。原來聶赫留朵夫正勉強(qiáng)忍住抽噎。
聶赫留朵夫還弄不清他目前的處境究竟是怎么一回事，就把強(qiáng)自克制的抽噎和奪眶而出的淚水看作神經(jīng)脆弱的表現(xiàn)。為了掩飾，他戴上夾鼻眼鏡，接著掏出手絹，擤了擤鼻涕。
他想到要是法庭里人人都知道他的罪行，他就會(huì)丟盡臉面。這種恐懼壓倒了他的內(nèi)心斗爭(zhēng)，在這最初階段，它比什么都強(qiáng)烈。