The Brothers Karamazov 1732 Studios

Russian · Book XII — A Judicial Error

II. Опасные свидетели

Dangerous Witnesses

142 sentences · 311 notes

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  1. 1

    I do not know whether the witnesses for the prosecution and for the defence had been sorted by the presiding judge into any sort of groups, nor in precisely what order it had been arranged to call them.

    Неnotне · particlemodifies знаю
    знаюI knowзнать · verb, present, indicative, active, first, singular, imperfectivemain verb of the sentence
    былиwereбыть · auxiliary verb, past, indicative, active, plural, imperfectivepassive auxiliary of разделены
    лиwhetherли · particlemarks the question, attaches to были
    свидетелиthe witnessesсвидетель · noun, nominative, masculine, pluralsubject of разделены
    прокурорскиеthe prosecution'sпрокурорский · adjective, nominative, pluralmodifies свидетели
    иandи · conjunctionlinks the coordination
    отforот · prepositionpreposition marking защиты
    защитыthe defenceзащита · noun, genitive, feminine, singularcoordinated with прокурорские, modifies свидетели
    разделеныsortedразделить · verb, past, passive, participle, plural, perfectiveclausal complement of знаю
    председателемby the presiding judgeпредседатель · noun, instrumental, masculine, singularoblique complement of разделены
    какsomeкак · adverbpart of idiom как-нибудь, modifies разделены
    нибудьsort ofнибудь · adverbpart of idiom как-нибудь, modifies разделены
    наintoна · prepositionpreposition marking группы
    группыgroupsгруппа · noun, accusative, feminine, pluraloblique complement of разделены
    иnorи · conjunctionlinks the coordination
    вinв · prepositionpreposition marking порядке
    какомwhatкакой · determiner, locative, masculine, singulardeterminer of порядке
    именноpreciselyименно · particlemodifies каком
    порядкеorderпорядок · noun, locative, masculine, singularoblique complement of предположено
    предположеноarrangedпредположить · verb, past, passive, participle, neuter, singular, perfectivecoordinated with разделены, clausal complement of знаю
    былоhad beenбыть · auxiliary verb, past, indicative, active, singular, imperfectivecopula linking to предположено
    вызыватьto callвызывать · verb, active, infinitive, imperfectivedepends on предположено
    ихthemони · pronoun, accusative, pluraldirect object of вызывать
  2. 2

    There must have been some such arrangement.

  3. 3

    I know only that it was the prosecution's witnesses who were called first.

  4. 4

    I repeat, I do not intend to describe every examination step by step.

  5. 5

    Besides, my account would prove in part superfluous, because in the speeches of the prosecutor and of the defence counsel, once the closing arguments began, the whole drift and sense of all the evidence given and heard was drawn together, as it were, into a single point under a vivid and characteristic light; and these two remarkable speeches I set down, at least in places, in full, and shall pass them on in due course — together with one extraordinary and wholly unexpected episode of the trial, which broke out suddenly even before the closing arguments and which undoubtedly influenced its grim and fatal outcome.

  6. 6

    I will only remark that, from the very first minutes of the trial, a certain peculiar character of this 'case' came out sharply, noticed by everyone — namely, the extraordinary strength of the prosecution as against the means at the defence's disposal.

  7. 7

    Everyone grasped this in the first instant, when in that fearsome courtroom the facts began to gather and group themselves, condensing, and the whole of this horror, all this blood, began bit by bit to surface.

  8. 8

    It became plain to all, perhaps, from the very first steps, that this was no contested matter at all, that there was no room for doubt here, that in essence there was no need of any arguments whatever, that the closing speeches would be a mere formality, and that the criminal was guilty — plainly guilty, conclusively guilty.

  9. 9

    I even think that all the ladies, every single one of them, who had so impatiently longed for the acquittal of the interesting defendant, were at the same time perfectly convinced of his complete guilt.

  10. 10

    What is more, it seems to me they would even have been distressed had his guilt not been so firmly established, for then there would have been no such effect in the dénouement, when the criminal is acquitted.

  11. 11

    And that he would be acquitted — of this, strange to say, all the ladies were conclusively persuaded almost up to the very last minute: 'guilty, but they will acquit him out of humanity, out of the new ideas, the new sentiments now in fashion,' and so on, and so on.

  12. 12

    That was the very reason they had come flocking here with such impatience.

  13. 13

    The men, for their part, were most interested in the duel between the prosecutor and the celebrated Fetyukovitch.

  14. 14

    Everyone marvelled and asked themselves: what could even a talent like Fetyukovitch make of so lost a cause, of an egg so thoroughly sucked dry? — and so they followed his exploits step by step with strained attention.

  15. 15

    But Fetyukovitch, right up to the very end, up to his own speech, remained a riddle to everyone.

  16. 16

    Experienced men sensed that he had a system, that something had already taken shape in his mind, that he had a goal ahead of him — but what it was, to guess that was all but impossible.

  17. 17

    His confidence and self-assurance were, however, striking to the eye.

  18. 18

    Moreover, everyone noted at once, with pleasure, that in so brief a stay among us — all of some three days, perhaps — he had managed to acquaint himself wonderfully with the case and 'had studied it down to the finest detail.'

  19. 19

    Afterwards people recounted with relish, for instance, how he had contrived to 'trip up' all the prosecution's witnesses at the right moment and, as far as possible, to throw them off — and, above all, to smear their moral reputations, and thereby, of course, to smear their testimony as well.

  20. 20

    It was supposed, however, that he was doing this at most for the play of it, for a kind of legal brilliance, so to speak — so that none of the accepted advocate's devices should be left unused; for everyone was convinced that he could gain no real, decisive advantage by all these 'smearings,' and that he himself, in all likelihood, understood this better than anyone, holding some idea of his own in reserve, some weapon of the defence still kept hidden away, which he would suddenly reveal when the time came.

  21. 21

    But for the moment, conscious all the same of his strength, he seemed to be playing and frolicking.

  22. 22

    Thus, for example, when they were questioning Grigory Vassilyev, the late Fyodor Pavlovitch's former valet, who gave the most crucial testimony about 'the door standing open into the garden,' the defence counsel fastened upon him the moment his own turn came to put questions.

  23. 23

    It should be noted that Grigory Vassilyevitch stepped into the courtroom not in the least disconcerted, neither by the majesty of the court nor by the presence of the vast public that listened to him, with an air calm and almost stately.

  24. 24

    He gave his testimony with as much assurance as if he were conversing alone with his own Marfa Ignatyevna — only, perhaps, more respectfully.

  25. 25

    To throw him off was impossible.

  26. 26

    First the prosecutor questioned him at length about all the particulars of the Karamazov household.

  27. 27

    The family picture stood out vividly.

  28. 28

    One could hear and see that the witness was simple-hearted and impartial.

  29. 29

    For all his most profound reverence toward the memory of his late master, he nonetheless declared, for instance, that the man had been unjust to Mitya and 'did not raise his children right. As a little boy, but for me, the lice would have eaten him alive,' he added, recounting Mitya's childhood years. 'It was wrong, too, for a father to wrong his son over the boy's mother's estate, his patrimony.'

  30. 30

    When the prosecutor asked him what grounds he had for asserting that Fyodor Pavlovitch had cheated his son in the reckoning, Grigory Vassilyevitch, to everyone's astonishment, could produce no solid evidence at all, yet still stood his ground that the settlement with the son had been 'unfair' and that the master 'most certainly ought to have paid him a few thousand more.'

  31. 31

    I will remark, by the way, that this question — whether Fyodor Pavlovitch had in fact underpaid Mitya anything — the prosecutor afterwards put with peculiar insistence to all the witnesses he could put it to, not excepting Alyosha or Ivan Fyodorovitch; but from none of the witnesses did he obtain any precise information: all of them affirmed the fact, and not one could offer even the slightest clear proof.

  32. 32

    After Grigory had described the scene at the table, when Dmitri Fyodorovitch had burst in and beaten his father, threatening to come back and kill him, a gloomy impression swept through the hall — all the more so because the old servant told it calmly, without superfluous words, in his own peculiar idiom, and it came out terribly eloquent.

  33. 33

    As for the offence Mitya had done him — striking him in the face that time and knocking him off his feet — he remarked that he bore no grudge and had long since forgiven it.

  34. 34

    Of the late Smerdyakov he spoke, crossing himself, that the fellow had ability, but was stupid and oppressed by his illness, and worse still a godless man, and that it was Fyodor Pavlovitch and the elder son who had taught him his godlessness.

  35. 35

    But of Smerdyakov's honesty he testified almost with warmth, and at once related how Smerdyakov, in time gone by, having found some money the master had dropped, had not kept it hidden but brought it to his master, who for this 'gave him a gold piece' and thenceforth began to trust him in everything.

  36. 36

    The open garden door he affirmed with stubborn insistence.

  37. 37

    However, they questioned him at such length that I cannot recall it all.

  38. 38

    At last the examination passed to the defence counsel, and his first move was to begin inquiring about the packet in which Fyodor Pavlovitch had 'supposedly' hidden three thousand roubles for 'a certain person.'

  39. 39

    'Did you see it yourself — you, a man so many years close in service to your master?'

  40. 40

    Grigory answered that he had not seen it, nor had he heard of any such money at all from anyone, 'until everybody started talking of it now.'

  41. 41

    This question about the packet Fetyukovitch, for his part, likewise put to everyone among the witnesses he could ask about it, with the same insistence with which the prosecutor put his question about the division of the estate; and from all of them he too received only the one answer — that no one had seen the packet, though very many had heard of it.

  42. 42

    This insistence of the defence counsel on the point was noticed by everyone from the very start.

  43. 43

    'Now may I be permitted to turn to you with a question, if only you will allow it,' Fetyukovitch asked suddenly and quite unexpectedly — 'what was that balsam made of, or, so to speak, that tincture, by means of which you, on that evening, before bed — as is known from the preliminary investigation — rubbed your aching back, hoping thereby to cure it?'

  44. 44

    Grigory stared dully at his questioner and, after a brief silence, muttered:

  45. 45

    'There was sage put in it.'

  46. 46

    'Only sage? Can you not recall anything else?'

  47. 47

    'There was plantain too.'

  48. 48

    'And pepper, perhaps?' Fetyukovitch inquired with curiosity.

  49. 49

    'There was pepper too.'

  50. 50

    'And so on. And all of it in vodka?'

  51. 51

    'In spirits.'

  52. 52

    A faint titter ran through the hall.

  53. 53

    'You see, in spirits, no less. And, having rubbed your back, you were good enough to drink the rest of the bottle's contents, with a certain pious little prayer known only to your wife — was that not so?'

  54. 54

    'I drank it.'

  55. 55

    'About how much did you drink, roughly? Roughly? A glass or two?'

  56. 56

    'It would come to a tumblerful.'

  57. 57

    'Even a whole tumbler. Maybe a tumbler and a half?'

  58. 58

    Grigory fell silent. He seemed to have understood something.

  59. 59

    'A glass and a half of neat spirits — that's not at all bad, is it now, what do you think? One might well see even "the gates of paradise standing open," never mind a door into the garden?'

  60. 60

    Grigory kept silent. Again a titter ran through the hall. The presiding judge stirred.

  61. 61

    'Do you not know for certain,' Fetyukovitch pressed in ever more and more, 'whether you were asleep or not at the very minute when you saw the door standing open into the garden?'

  62. 62

    'I was on my feet.'

  63. 63

    'That is not yet proof that you were not asleep (another and yet another titter through the hall). Could you, for instance, have answered at that minute, had someone asked you about something — well, for instance, what year it is now with us?'

  64. 64

    'That I do not know.'

  65. 65

    'And what year it is now with us, of our era, since the birth of Christ — do you not know?'

  66. 66

    Grigory stood there with a baffled look, staring point-blank at his tormentor. Strange as it was, it seemed, apparently, that he really did not know what year it now was.

  67. 67

    'Perhaps, though, you know how many fingers there are on your hand?'

  68. 68

    'I am a man not my own master,' Grigory suddenly pronounced, loud and distinct. 'If it pleases my betters to make sport of me, then I must bear it.'

  69. 69

    Fetyukovitch seemed somewhat taken aback, but the presiding judge broke in as well and admonishingly reminded the counsel that he ought to put more fitting questions.

  70. 70

    Fetyukovitch, having heard him out, bowed with dignity and announced that he had finished his questioning.

  71. 71

    Of course, both in the public and among the jurymen there might remain a tiny worm of doubt about the testimony of a man who had had the chance to 'see the gates of paradise' in a certain state of treatment and who, moreover, did not even know what year it now was since the birth of Christ; so the defence counsel had attained his end all the same.

  72. 72

    But before Grigory withdrew there came yet another episode.

  73. 73

    The presiding judge, turning to the defendant, asked whether he had anything to remark concerning the testimony given.

  74. 74

    'Except for the door, he told the truth in everything,' Mitya shouted loudly. 'For combing the lice out of me — I thank him; for forgiving me the blows — I thank him; the old man was honest all his life and faithful to my father as seven hundred poodles.'

  75. 75

    'Defendant, choose your words,' the presiding judge pronounced sternly.

  76. 76

    'I am no poodle,' Grigory grumbled in his turn.

  77. 77

    'Well then, I'm the poodle, I am!' cried Mitya. 'If it's an insult, then I take it upon myself, and of him I beg pardon: I was a beast and cruel to him! I was cruel to Aesop too.'

  78. 78

    'What Aesop?' the presiding judge raised his voice sternly again.

  79. 79

    'Why, Pierrot… my father, Fyodor Pavlovitch.'

  80. 80

    Again and again the presiding judge, now most sternly and emphatically, warned Mitya to choose his expressions more carefully.

  81. 81

    'You only harm yourself by it in the eyes of your judges.'

  82. 82

    In just the same way the defence counsel managed things very deftly during the examination of the witness Rakitin.

  83. 83

    I will remark that Rakitin was one of the most important witnesses, and one the prosecutor undoubtedly set great store by.

  84. 84

    It turned out that he knew everything — astonishingly much he knew; he had been everywhere, seen everything, talked with everyone, and knew in the minutest detail the biography of Fyodor Pavlovitch and of all the Karamazovs.

  85. 85

    True, of the packet with the three thousand he too had heard only from Mitya himself.

  86. 86

    On the other hand, he described in detail Mitya's exploits in the 'Metropolis' tavern, all his compromising words and gestures, and related the story of Captain Snegiryov's 'wisp of tow.'

  87. 87

    As for that particular point — whether Fyodor Pavlovitch had been left owing anything to Mitya in the reckoning over the estate — even Rakitin himself could indicate nothing, and got off with mere generalities of a contemptuous cast: 'Who, indeed, could sort out which of them was in the wrong and reckon up who was left owing whom in that muddled Karamazov tangle, in which no one could either understand himself or define himself?'

  88. 88

    He portrayed the whole tragedy of the crime on trial as the product of the inveterate habits of serfdom and of a Russia plunged into disorder, suffering for want of the proper institutions.

  89. 89

    In a word, he was allowed to say a few things.

  90. 90

    It was with this trial that Mr. Rakitin first made a name for himself and became noticed; the prosecutor knew that the witness was preparing an article on the present crime for a journal, and afterwards, in his own speech (as we shall see below), cited several thoughts from that article — which means he was already acquainted with it.

  91. 91

    The picture painted by the witness came out gloomy and fateful, and strongly reinforced the 'prosecution.'

  92. 92

    On the whole, Rakitin's exposition captivated the public by the independence of its thought and by the uncommon nobility of its flight.

  93. 93

    There were even two or three bursts of applause that broke out suddenly, precisely at those passages where he spoke of serfdom and of a Russia suffering from misrule.

  94. 94

    But Rakitin, young man that he was after all, made a small blunder, of which the defence counsel at once contrived to take excellent advantage.

  95. 95

    Answering certain questions about Grushenka, he — carried away by his own success, which of course he was already conscious of, and by the height of nobility to which he had soared — allowed himself to speak of Agrafena Alexandrovna somewhat contemptuously, as of 'the merchant Samsonov's kept woman.'

  96. 96

    Dearly would he afterwards have given to take that little word back, for it was on precisely that word that Fetyukovitch caught him at once.

  97. 97

    And all because Rakitin had not at all reckoned that the man could, in so short a time, have acquainted himself with the case down to such intimate particulars.

  98. 98

    'Allow me to inquire,' the defence counsel began with the most amiable and even respectful smile, when his turn came to put questions, 'you are, of course, that very same Mr. Rakitin whose pamphlet, published by the diocesan authorities — "The Life in God of the Departed Elder, Father Zossima," full of profound and religious reflections, with an excellent and pious dedication to the bishop — I read not long ago with such pleasure?'

  99. 99

    'I did not write it for the press… it was printed afterwards,' Rakitin muttered, as though suddenly disconcerted by something and almost with shame.

  100. 100

    'Oh, that is splendid! A thinker like you may, and indeed ought to, take the broadest view of every public phenomenon. Under the bishop's patronage your most useful pamphlet was circulated and did relative good… But here is the chief thing I should like to ask you about: you have just declared that you were very closely acquainted with Madame Svetlov?'

  101. 101

    (Nota bene. Grushenka's surname turned out to be 'Svetlov.' This I learned for the first time only on that day, in the course of the trial.)

  102. 102

    'I cannot answer for all my acquaintances… I am a young man… and who can answer for everyone he meets,' Rakitin flared up all over.

  103. 103

    'I understand, only too well I understand!' exclaimed Fetyukovitch, as though disconcerted himself and as though impetuously hastening to apologize. 'You, like anyone else, might in your turn have been interested in the acquaintance of a young and beautiful woman who gladly received at her house the flower of the local youth; but… I only wished to ascertain this: it is known to us that Svetlov, some two months ago, was extremely eager to make the acquaintance of the youngest Karamazov, Alexey Fyodorovitch, and merely for your bringing him to her — and precisely in his then monastic dress — she promised to give you twenty-five roubles, the moment you should bring him to her.'

  104. 104

    This, as is also known, came about on the very evening of the day that ended in the tragic catastrophe which served as the foundation of the present case.

  105. 105

    'You brought Alexey Karamazov to Madame Svetlov, and — did you then receive those twenty-five roubles as a reward from Svetlov? That is what I should like to hear from you.'

  106. 106

    'It was a joke… I do not see why this can interest you. I took it as a joke… and to give it back afterwards…'

  107. 107

    'So you did take it. But you have not given it back even to this day… or have you given it back?'

  108. 108

    'It's all nonsense…' Rakitin mumbled. 'I cannot answer such questions… Of course I shall give it back.'

  109. 109

    The presiding judge intervened, but the defence counsel proclaimed that he had finished his questions to Mr. Rakitin.

  110. 110

    Mr. Rakitin left the stand somewhat tarnished.

  111. 111

    The impression of the lofty nobility of his speech had, after all, been spoiled, and Fetyukovitch, following him with his eyes, seemed to be saying, as he pointed him out to the public: 'There, then, is what your noble accusers are like!'

  112. 112

    I remember that here, too, it did not pass without an episode on Mitya's part: enraged by the tone in which Rakitin had spoken of Grushenka, he suddenly shouted from his place: 'Bernard!'

  113. 113

    And when the presiding judge, on the conclusion of the whole examination of Rakitin, turned to the defendant — whether he wished to remark anything on his own part — Mitya bawled out:

  114. 114

    'He was cadging loans of money off me, off the defendant himself! A contemptible Bernard and a careerist, and he doesn't believe in God, and he hoodwinked the bishop!'

  115. 115

    Mitya was of course called to order again for the violence of his expressions, but Mr. Rakitin was done for.

  116. 116

    The testimony of Captain Snegiryov fared no better, but now for an altogether different reason.

  117. 117

    He appeared all in tatters, in filthy clothes, in filthy boots, and, despite all the precautions and the preliminary 'inspection,' suddenly proved to be quite tipsy.

  118. 118

    To questions about the offence done him by Mitya he suddenly refused to answer.

  119. 119

    'God be with them, sir. Ilyushechka forbade it. God will repay me there, sir.'

  120. 120

    'Who forbade you to speak? Whom are you referring to?'

  121. 121

    — My Ilyusha, my little son: 'Papa, papa, how he humiliated you!' That is what he said by the stone. Now he is dying, sir…

  122. 122

    The captain suddenly broke into sobs and flung himself headlong at the feet of the presiding judge. He was led out as quickly as possible, to the laughter of the public. The effect the prosecutor had prepared did not come off at all.

  123. 123

    Counsel for the defense, meanwhile, went on making use of every means at his disposal, astonishing everyone more and more by how thoroughly he had mastered the case down to its smallest particulars.

  124. 124

    Thus, for example, the testimony of Trifon Borisovich had produced a very strong impression and was, of course, exceedingly unfavorable to Mitya.

  125. 125

    He had reckoned up almost on his fingers that Mitya, on his first visit to Mokroye, nearly a month before the catastrophe, could not have spent less than three thousand, "or short of it by only the merest trifle. Think how much was flung away on those Gypsy women alone! As for our lousy peasants, it wasn't a case of 'tossing them half-rubles in the street' — no, the very least he handed out was twenty-five-ruble notes; he gave nothing smaller. And how much was simply stolen from him then, sir! Whoever stole it left no trace of his hand behind — how is one to catch the thief, sir, when the gentleman himself was scattering it about for nothing! Our folk are robbers, you know; they don't take care of their souls. And what the wenches got, the wenches of our village! We've grown rich here since that time, sir, that we have — before then there was only poverty."

  126. 126

    In short, he recalled every last expense and tallied it all up exactly, as on a counting-board.

  127. 127

    In this way the supposition that only fifteen hundred had been spent, while the rest had been laid aside in the little amulet, became unthinkable.

  128. 128

    "I saw it with my own eyes, saw the three thousand in their hands as plain as a single kopeck, beheld it with my own eyes — surely we know how to count, sir!" exclaimed Trifon Borisovich, doing his utmost to please "the authorities."

  129. 129

    But when the questioning passed to the defense counsel, he, scarcely even attempting to refute the testimony, suddenly turned the talk to the fact that the coachman Timofey and another peasant, Akim, had picked up a hundred rubles off the floor in the passage at Mokroye, during that first carousal, a month before the arrest — money dropped by Mitya in his drunken state — and had handed it over to Trifon Borisovich, who gave them a ruble apiece for it.

  130. 130

    "Well then, did you give that hundred rubles back to Mr. Karamazov at the time, or not?"

  131. 131

    Wriggle as he might, Trifon Borisovich, after the peasants had been examined about the hundred-ruble note they had found, owned up to it, adding only that he had at the time religiously returned the whole sum to Dmitri Fyodorovich and placed it in his hands "in all honesty, and that it's only that the gentleman himself, being then completely drunk, sir, is hardly likely to remember it."

  132. 132

    But since he had, after all, denied finding the hundred rubles right up until the peasant witnesses were summoned, his testimony about returning the sum to the drunken Mitya naturally fell under grave suspicion.

  133. 133

    Thus one of the most dangerous witnesses brought forward by the prosecution withdrew once again under a cloud of suspicion, his reputation badly besmirched.

  134. 134

    The same thing befell the Poles: they presented themselves proudly and with an air of independence.

  135. 135

    They loudly testified that, in the first place, both had "served the Crown," and that "Pan Mitya" had offered them three thousand to buy their honor, and that they themselves had seen the large sum of money in his hands.

  136. 136

    Pan Mussyalovich kept inserting a frightful number of Polish words into his phrases and, seeing that this only raised him in the eyes of the presiding judge and the prosecutor, finally exalted his spirits altogether and took to speaking entirely in Polish.

  137. 137

    But Fetyukovich caught them too in his snares: wriggle as he might, Trifon Borisovich, called back once more, had after all to admit that his own deck of cards had been switched by Pan Vrublevsky for one of theirs, and that Pan Mussyalovich, while dealing the bank, had palmed a card.

  138. 138

    This was confirmed in turn by Kalganov when he gave his testimony, and the two pans withdrew in some disgrace, amid the laughter of the public, no less.

  139. 139

    After that, exactly the same thing happened with nearly all the most dangerous witnesses.

  140. 140

    Fetyukovich managed to discredit every one of them morally and to send them off looking rather foolish.

  141. 141

    The amateurs and the lawyers merely admired him, while once again they were left puzzled as to what end so great and so decisive all this could possibly serve, for — I repeat — everyone felt the inexorability of the indictment, which mounted ever higher and more tragically.

  142. 142

    But from the confidence of "the great magician" they could see that he was calm, and they waited: not for nothing had "such a man" come all the way from Petersburg — nor was he the man to go back with nothing in hand.

The particulars

The text
Братья Карамазовы, Fyodor Dostoevsky. Book XII — A Judicial Error.
Translation
Public-domain Russian (Dostoevsky, d. 1881). Translation © 2026 1732 Studios.
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Two whoopie pies and a pine. An inside joke.