asked K. almost incredulously. “Certainly,” said the painter. “The case begins all over
again, but again it is possible, just as before, to secure an ostensible acquittal. One must
again apply all one’s energies to the case and never give in.” These last words were
probably uttered because he noticed that K. was looking somewhat collapsed. “But,” said
K., as if he wanted to forestall any more revelations, “isn’t the engineering of a second
acquittal more difficult than the first?” “On that point,” said the painter, “one can say
nothing with certainty. You mean, I take it, that the second arrest might influence the
Judges against the accused? That is not so. Even while they are pronouncing the first
acquittal the Judges foresee the possibility of the new arrest. Such a consideration,
therefore, hardly comes into question. But it may happen, for hundreds of reasons, that the
Judges are in a different frame of mind about the case, even from a legal viewpoint, and
one’s efforts to obtain a second acquittal must consequently be adapted to the changed
circumstances, and in general must be every whit as energetic as those that secured tie first
one.” “But this second acquittal isn’t final either,” said K., turning away his head in
repudiation. “Of course not,” said the painter. “The second acquittal is followed by the
third arrest, the third acquittal by the fourth arrest, and so on. That is implied in the very
conception of ostensible acquittal.” K. said nothing. “Ostensible acquittal doesn’t seem to
appeal to you,” said the painter. “Perhaps postponement would suit you better. Shall I
explain to you how postponement works?” K. nodded. The painter was lolling back in his
chair, his nightshirt gaped open, he had thrust one hand inside it and was lightly fingering
his breast. “Postponement,” he said, gazing in front of him for a moment as if seeking a
completely accurate explanation, “postponement consists in preventing the case from ever
getting any further than its first stages. To achieve that it is necessary for the accused and
his agent, but more particularly his agent, to remain continuously in personal touch with
the Court. Let me point out again that this does not demand such intense concentration of
one’s energies as an ostensible acquittal, yet on the other hand it does require far greater
vigilance. You daren’t let the case out of your sight, you visit the Judge at regular intervals
as well as in emergencies and must do all that is in your power to keep him friendly; if you
don’t know the Judge personally, then you must try to influence him through other Judges
whom you do know, hut without giving up your efforts to secure a personal interview. If
you neglect none of these things, then you can assume with fair certainty that the case will
never pass beyond its first stages. Not that the proceedings are quashed, but the accused is almost as likely to escape sentence as if he were free. As against ostensible acquittal
postponement has this advantage, that the future of the accused is less uncertain, he is
secured from the terrors of sudden arrest and doesn’t need to fear having to undergo —
perhaps at a most inconvenient moment — the strain and agitation which are inevitable in
the achievement of ostensible acquittal. Though postponement, too, has certain drawbacks
for the accused, and these must not be minimized. In saying this I am not thinking of the
fact that the accused is never free; he isn’t free either, in any real sense, after the ostensible
acquittal. There are other drawbacks. The case can’t be held up indefinitely without at least
some plausible grounds being provided. So as a matter of form a certain activity must be
shown from time to time, various measures have to be taken, the accused is questioned,
evidence is collected, and so on. For the case must be kept going all the time, although
only in the small circle to which it has been artificially restricted. This naturally involves
the accused in occasional unpleasantness, but you must not think of it as being too
unpleasant. For it’s all a formality, the interrogations, for instance, are only short ones; if