Fixer, The - Bernard Malamud [128]
“Not more?”
“More. Freedom exists in the cracks of the state. Even in Russia a little justice can be found. It’s a strange world. On the one hand we have the strictest autocracy; on the other we are approaching anarchy; in between courts exist and justice is possible. The law lives in the minds of men. If a judge is honest the law is protected. If that’s the case, so are you. Also a jury is a jury—human beings—they could free you in five minutes.”
“Should I hope?” said the fixer.
“If it doesn’t hurt, hope. Still, since I’m telling the truth let me tell it all. Once we’re on trial some witnesses will lie because they’re frightened, and others because they’re liars. Also you can expect that the Minister of Justice will appoint a presiding judge who is favorable to the prosecution. If the verdict is guilty his career will advance. And we also suspect that intellectuals and liberals will be eliminated from the jury lists and there’s nothing we can do about it. With those that are left we will have to contend. So if you must hope, hope. I’m sure Grubeshov isn’t confident of his case. What’s more important he’s not confident of himself. He’s ambitious but limited. In the end he will need better evidence than he has now. The trouble with resting your case on experts is that there are other experts. So I come back to the jury. In our favor is that although they may be ignorant peasants and shopkeepers, simple folk, as a rule they have little love for state officials, and when it comes to facts they can smell when they stink. For instance they know that Jewish roosters don’t lay eggs. If Grubeshov strains he will make serious mistakes and your lawyer will know how to take advantage of them. He’s an outstanding man from Moscow, Suslov-Smirnov, a Ukrainian by birth.”
“Not you?” said Yakov in astonishment. “You aren’t my lawyer?”
“I was,” said Ostrovsky with an apologetic smile, “but not any more. Now I’m a witness.”
“What kind of witness?”
“They accuse me of attempting to bribe Marfa Golov not to testify against you. Of course she swears to it. I talked to her, naturally, but the accusation is ridiculous, it’s to keep me from defending you. I don’t know if you’ve heard my name before, Mr. Bok? Probably not,” he sighed, “but I have a little reputation in criminal cases. Still I don’t want you to worry. Suslov-Smirnov I would use myself if I were in your place. He will be chief of your defense. He was in his youth anti-Semitic but he has now become a vigorous defender of the rights of Jews.”
Yakov groaned. “Who needs a former anti-Semite?”
“You can take my word,” Ostrovsky said quickly. “He is a brilliant lawyer, and his conversion is sincere. Next time I come I will bring him to you. Believe me, he will know how to deal with these people.”
He glanced at his ticking watch, tucked it into his vest pocket, then hurried to the door and opened it. A guard with a rifle was standing there. Without surprise the lawyer shut the door and returned to the prisoner.
“I will speak what’s on my mind,” he said in Russian. “I say this against my will, Mr. Bok, and with a heavy heart. You have suffered much and I don’t want to add to your burdens, but the prosecution is desperate and this makes me fear for your life. If you should die, naturally an unproved case will help the government more than a verdict against them, no matter how much they are suspected of or criticized for your