Page:Crime and Punishment - Garnett - Neilson - 1917.djvu/175

 Rh 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 himself, 'which he could not have done if he hadn't felt guilty.' That's the point, that's what excites me, you must understand!"

"Oh, I see you are excited! Wait a bit. I forgot to ask you; what proof is there that the box came from the old woman?" "That's been proved," said Razumihin with apparent reluctance, frowning. "Koch recognised the jewel-case and gave the name of the owner, who proved conclusively that it was his."

"That's bad. Now another point. Did any one see Nikolay at the time that Koch and Pestryakov were going upstairs at first, and is there no evidence about that?"

"Nobody did see him," Razumihin answered with vexation. "That's the worst of it. Even Koch and Pestryakov did not notice them on their way upstairs, though, indeed, their evidence could not have been worth much. They said they saw the flat was open, and that there must be work going