When he had become tired of looking out onto the empty street he slightly opened the door to the living room so that he could see anyone who entered the flat from where he was and lay down on the couch. He lay there, quietly smoking a cigar, until about eleven o'clock. He wasn't able to hold out longer than that, and went a little way into the hallway as if in that way he could make Miss Bürstner arrive sooner. He had no particular desire for her, he could not even remember what she looked like, but now he wanted to speak to her and it irritated him that her late arrival home meant this day would be full of unease and disorder right to its very end. It was also her fault that he had not had any dinner that evening and that he had been unable to visit Elsa as he had intended. He could still make up for both of those things, though, if he went to the wine bar where Elsa worked. He wanted to do so even later, after the discussion with Miss Bürstner.
It was already gone half past eleven when someone could be heard in the stairway. K., who had been lost in his thoughts in the hallway, walking up and down loudly as if it were his own room, fled behind his door. Miss Bürstner had arrived. Shivering, she pulled a silk shawl over her slender shoulders as she locked the door. The next moment she would certainly go into her room, where K. ought not to intrude in the middle of the night; that meant he would have to speak to her now, but, unfortunately, he had not put the electric light on in his room so that when he stepped out of the dark it would give the impression of being an attack and would certainly, at the very least, have been quite alarming. There was no time to lose, and in his helplessness he whispered through the crack of the door, "Miss Bürstner." It sounded like he was pleading with her, not calling to her. "Is there someone there?" asked Miss Bürstner, looking round with her eyes wide open. "It's me," said K. and came out. "Oh, Mr. K.!" said Miss Bürstner with a smile. "Good Evening," and offered him her hand. "I wanted to have a word with you, if you would allow me?" "Now?" asked Miss Bürstner, "does it have to be now? It is a little odd, isn't it?" "I've been waiting for you since nine o'clock." "Well, I was at the theatre, I didn't know anything about you waiting for me." "The reason I need to speak to you only came up today." "I see, well I don't see why not, I suppose, apart from being so tired I could drop. Come into my room for a few minutes then. We certainly can't talk out here, we'd wake everyone up and I think that would be more unpleasant for us than for them. Wait here till I've put the light on in my room, and then turn the light down out here." K. did as he was told, and then even waited until Miss Bürstner came out of her room and quietly invited him, once more, to come in. "Sit down," she said, indicating the ottoman, while she herself remained standing by the bedpost despite the tiredness she had spoken of; she did not even take off her hat, which was small but decorated with an abundance of flowers. "What is it you wanted, then? I'm really quite curious." She gently crossed her legs. "I expect you'll say," K. began, "that the matter really isn't all that urgent and we don't need to talk about it right now, but...." "I never listen to introductions," said Miss Bürstner. "That makes my job so much easier," said K. "This morning, to some extent through my fault, your room was made a little untidy, this happened because of people I did not know and against my will but, as I said, because of my fault; I wanted to apologise for it." "My room?" asked Miss Bürstner, and instead of looking round the room scrutinised K. "It is true," said K., and now, for the first time, they looked each other in the eyes, "there's no point in saying exactly how this came about." "But that's the interesting thing about it," said Miss Bürstner. "No," said K. "Well then," said Miss Bürstner, "I don't want to force my way into any secrets, if you insist that it's of no interest I won't insist. I'm quite happy to forgive you for it, as you ask, especially as I can't see anything at all that's been left untidy." With her hand laid flat on her lower hip, she made a tour around the room. At the mat where the photographs were she stopped. "Look at this!" she cried. "My photographs really have been put in the wrong places. Oh, that's horrible. Someone really has been in my room without permission." K. nodded, and quietly cursed Kaminer who worked at his bank and who was always active doing things that had neither use nor purpose. "It is odd," said Miss Bürstner, "that I'm forced to forbid you to do something that you ought to have forbidden yourself to do, namely to come into my room when I'm not here." "But I did explain to you," said K., and went over to join her by the photographs, "that it wasn't me who interfered with your photographs; but as you don't believe me I'll have to admit that the investigating committee brought along three bank employees with them, one of them must have touched your photographs and as soon as I get the chance I'll ask to have him dismissed from the bank. Yes, there was an investigating committee here," added K., as the young lady was looking at him enquiringly. "Because of you?" she asked. "Yes," answered K. "No!" the lady cried with a laugh. "Yes, they were," said K., "you believe that I'm innocent then, do you?" "Well now, innocent ..." said the lady, "I don't want to start making any pronouncements that might have serious consequences, I don't really know you after all, it means they're dealing with a serious criminal if they send an investigating committee straight out to get him. But you're not in custody now—at least I take it you've not escaped from prison considering that you seem quite calm—so you can't have committed any crime of that sort." "Yes," said K., "but it might be that the investigating committee could see that I'm innocent, or not so guilty as had been supposed." "Yes, that's certainly a possibility," said Miss Bürstner, who seemed very interested. "Listen," said K., "you don't have much experience in legal matters." "No, that's true, I don't," said Miss Bürstner, "and I've often regretted it, as I'd like to know everything and I'm very interested in legal matters. There's something peculiarly attractive about the law, isn't there. But I'll certainly be perfecting my knowledge in this area, as next month I start work in a legal office." "That's very good," said K., "that means you'll be able to give me some help with my trial." "That could well be," said Miss Bürstner, "why not? I like to make use of what I know." "I mean it quite seriously," said K., "or at least, half seriously, as you do. This affair is too petty to call in a lawyer, but I could make good use of someone who could give me advice." "Yes, but if I'm to give you advice I'll have to know what it's all about," said Miss Bürstner. "That's exactly the problem," said K., "I don't know that myself." "So you have been making fun of me, then," said Miss Bürstner exceedingly disappointed, "you really ought not to try something like that on at this time of night." And she stepped away from the photographs where they had stood so long together. "Miss Bürstner, no," said K., "I'm not making fun of you. Please believe me! I've already told you everything I know. More than I know, in fact, as it actually wasn't even an investigating committee, that's just what I called them because I don't know what else to call them. There was no cross questioning at all, I was merely arrested, but by a committee." Miss Bürstner sat on the ottoman and laughed again. "What was it like then?" she asked. "It was terrible," said K., although his mind was no longer on the subject, he had become totally absorbed by Miss Bürstner's gaze who was supporting her chin on one hand—the elbow rested on the cushion of the ottoman—and slowly stroking her hip with the other. "That's too vague," said Miss Bürstner. "What's too vague?" asked K. Then he remembered himself and asked, "Would you like me to show you what it was like?" He wanted to move in some way but did not want to leave. "I'm already tired," said Miss Bürstner. "You arrived back so late," said K. "Now you've started telling me off. Well I suppose I deserve it as I shouldn't have let you in here in the first place, and it turns out there wasn't even any point." "Oh, there was a point, you'll see now how important a point it was," said K. "May I move this table away from your bedside and put it here?" "What do you think you're doing?" said Miss Bürstner. "Of course you can't!" "In that case I can't show you," said K., quite upset, as if Miss Bürstner had committed some incomprehensible offence against him. "Alright then, if you need it to show what you mean, just take the bedside table then," said Miss Bürstner, and after a short pause added in a weak voice, "I'm so tired I'm allowing more than I ought to." K. put the little table in the middle of the room and sat down behind it. "You have to get a proper idea of where the people were situated, it is very interesting. I'm the supervisor, sitting over there on the chest are two policemen, standing next to the photographs there are three young people. Hanging on the handle of the window is a white blouse—I just mention that by the way. And now it begins. Ah yes, I'm forgetting myself, the most important person of all, so I'm standing here in front of the table. The supervisor is sitting extremely comfortably with his legs crossed and his arm hanging over the backrest here like some layabout. And now it really does begin. The supervisor calls out as if he had to wake me up, in fact he shouts at me, I'm afraid, if I'm to make it clear to you, I'll have to shout as well, and it's nothing more than my name that he shouts out." Miss Bürstner, laughing as she listened to him, laid her forefinger on her mouth so that K. would not shout, but it was too late. K. was too engrossed in his role and slowly called out, "Josef K.!" It was not as loud as he had threatened, but nonetheless, once he had suddenly called it out, the cry seemed gradually to spread itself all round the room.
There was a series of loud, curt and regular knocks at the door of the adjoining room. Miss Bürstner went pale and laid her hand on her heart. K. was especially startled, as for a moment he had been quite unable to think of anything other than the events of that morning and the girl for whom he was performing them. He had hardly pulled himself together when he jumped over to Miss Bürstner and took her hand. "Don't be afraid," he whispered, "I'll put everything right. But who can it be? It's only the living room next door, nobody sleeps in there." "Yes they do," whispered Miss Bürstner into K.'s ear, "a nephew of Mrs. Grubach's, a captain in the army, has been sleeping there since yesterday. There's no other room free. I'd forgotten about it too. Why did you have to shout like that? You've made me quite upset." "There is no reason for it," said K., and, now as she sank back onto the cushion, kissed her forehead. "Go away, go away," she said, hurriedly sitting back up, "get out of here, go, what is it you want, he's listening at the door, he can hear everything. You're causing me so much trouble!" "I won't go," said K., "until you've calmed down a bit. Come over into the other corner of the room, he won't be able to hear us there." She let him lead her there. "Don't forget," he said, "although this might be unpleasant for you you're not in any real danger. You know how much esteem Mrs. Grubach has for me, she's the one who will make all the decisions in this, especially as the captain is her nephew, but she believes everything I say without question. What's more, she has borrowed a large sum of money from me and that makes her dependent on me. I will confirm whatever you say to explain our being here together, however inappropriate it might be, and I guarantee to make sure that Mrs. Grubach will not only say she believes the explanation in public but will believe it truly and sincerely. You will have no need to consider me in any way. If you wish to let it be known that I have attacked you then Mrs. Grubach will be informed of such and she will believe it without even losing her trust in me, that's how much respect she has for me." Miss Bürstner looked at the floor in front of her, quiet and a little sunk in on herself. "Why would Mrs. Grubach not believe that I've attacked you?" added K. He looked at her hair in front of him, parted, bunched down, reddish and firmly held in place. He thought she would look up at him, but without changing her manner she said, "Forgive me, but it was the suddenness of the knocking that startled me so much, not so much what the consequences of the captain being here might be. It was all so quiet after you'd shouted, and then there was the knocking, that's what made me so shocked, and I was sitting right by the door, the knocking was right next to me. Thank you for your suggestions, but I won't accept them. I can bear the responsibility for anything that happens in my room myself, and I can do so with anyone. I'm surprised you don't realise just how insulting your suggestions are and what they imply about me, although I certainly acknowledge your good intentions. But now, please go, leave me alone, I need you to go now even more than I did earlier. The couple of minutes you asked for have grown into half an hour, more than half an hour now." K. took hold of her hand, and then of her wrist, "You're not cross with me, though?" he said. She pulled her hand away and answered, "No, no, I'm never cross with anyone." He grasped her wrist once more, she tolerated it now and, in that way, led him to the door. He had fully intended to leave. But when he reached the door he came to a halt as if he hadn't expected to find a door there, Miss Bürstner made use of that moment to get herself free, open the door, slip out into the hallway and gently say to K. from there, "Now, come along, please. Look," she pointed to the captain's door, from under which there was a light shining, "he's put a light on and he's laughing at us." "Alright, I'm coming," said K., moved forward, took hold of her, kissed her on the mouth and then over her whole face like a thirsty animal lapping with its tongue when it eventually finds water. He finally kissed her on her neck and her throat and left his lips pressed there for a long time. He did not look up until there was a noise from the captain's room. "I'll go now," he said, he wanted to address Miss Bürstner by her Christian name, but did not know it. She gave him a tired nod, offered him her hand to kiss as she turned away as if she did not know what she was doing, and went back into her room with her head bowed. A short while later, K. was lying in his bed. He very soon went to sleep, but before he did he thought a little while about his behaviour, he was satisfied with it but felt some surprise that he was not more satisfied; he was seriously worried about Miss Bürstner because of the captain.
Chapter Two
First Cross-examination
K. was informed by telephone that there would be a small hearing concerning his case the following Sunday. He was made aware that these cross examinations would follow one another regularly, perhaps not every week but quite frequently. On the one hand it was in everyone's interest to bring proceedings quickly to their conclusion, but on the other hand every aspect of the examinations had to be carried out thoroughly without lasting too long because of the associated stress. For these reasons, it had been decided to hold a series of brief examinations following on one after another. Sunday had been chosen as the day for the hearings so that K. would not be disturbed in his professional work. It was assumed that he would be in agreement with this, but if he wished for another date then, as far as possible, he would be accommodated. Cross-examinations could even be held in the night, for instance, but K. would probably not be fresh enough at that time. Anyway, as long as K. made no objection, the hearing would be left on Sundays. It was a matter of course that he would have to appear without fail, there was probably no need to point this out to him. He would be given the number of the building where he was to present himself, which was in a street in a suburb well away from the city centre which K. had never been to before.
Once he had received this notice, K. hung up the receiver without giving an answer; he had decided immediately to go there that Sunday, it was certainly necessary, proceedings had begun and he had to face up to it, and this first examination would probably also be the last. He was still standing in thought by the telephone when he heard the voice of the deputy director behind him—he wanted to use the telephone but K. stood in his way. "Bad news?" asked the deputy director casually, not in order to find anything out but just to get K. away from the device. "No, no," said K., he stepped to one side but did not go away entirely. The deputy director picked up the receiver and, as he waited for his connection, turned away from it and said to K., "One question, Mr. K.: Would you like to give me the pleasure of joining me on my sailing boat on Sunday morning? There's quite a few people coming, you're bound to know some of them. One of them is Hasterer, the state attorney. Would you like to come along? Do come along!" K. tried to pay attention to what the deputy director was saying. It was of no small importance for him, as this invitation from the deputy director, with whom he had never got on very well, meant that he was trying to improve his relations with him. It showed how important K. had become in the bank and how its second most important official seemed to value his friendship, or at least his impartiality. He was only speaking at the side of the telephone receiver while he waited for his connection, but in giving this invitation the deputy director was humbling himself. But K. would have to humiliate him a second time as a result, he said, "Thank you very much, but I'm afraid I will have no time on Sunday, I have a previous obligation." "Pity," said the deputy director, and turned to the telephone conversation that had just been connected. It was not a short conversation, but K. remained standing confused by the instrument all the time it was going on. It was only when the deputy director hung up that he was shocked into awareness and said, in order to partially excuse his standing there for no reason, "I've just received a telephone call, there's somewhere I need to go, but they forgot to tell me what time." "Ask them then," said the deputy director. "It's not that important," said K., although in that way his earlier excuse, already weak enough, was made even weaker. As he went, the deputy director continued to speak about other things. K. forced himself to answer, but his thoughts were mainly about that Sunday, how it would be best to get there for nine o'clock in the morning as that was the time that courts always start work on weekdays.
The weather was dull on Sunday. K. was very tired, as he had stayed out drinking until late in the night celebrating with some of the regulars, and he had almost overslept. He dressed hurriedly, without the time to think and assemble the various plans he had worked out during the week. With no breakfast, he rushed to the suburb he had been told about. Oddly enough, although he had little time to look around him, he came across the three bank officials involved in his case, Rabensteiner, Kullich and Kaminer. The first two were travelling in a tram that went across K.'s route, but Kaminer sat on the terrace of a café and leant curiously over the wall as K. came over. All of them seemed to be looking at him, surprised at seeing their superior running; it was a kind of pride that made K. want to go on foot, this was his affair and the idea of any help from strangers, however slight, was repulsive to him, he also wanted to avoid asking for anyone's help because that would initiate them into the affair even if only slightly. And after all, he had no wish at all to humiliate himself before the committee by being too punctual. Anyway, now he was running so that he would get there by nine o'clock if at all possible, even though he had no appointment for this time.
He had thought that he would recognise the building from a distance by some kind of sign, without knowing exactly what the sign would look like, or from some particular kind of activity outside the entrance. K. had been told that the building was in Juliusstrasse, but when he stood at the street's entrance it consisted on each side of almost nothing but monotonous, grey constructions, tall blocks of flats occupied by poor people. Now, on a Sunday morning, most of the windows were occupied, men in their shirtsleeves leant out smoking, or carefully and gently held small children on the sills. Other windows were piled up with bedding, above which the dishevelled head of a woman would briefly appear. People called out to each other across the street, one of the calls provoked a loud laugh about K. himself. It was a long street, and spaced evenly along it were small shops below street level, selling various kinds of foodstuffs, which you reached by going down a few steps. Women went in and out of them or stood chatting on the steps. A fruitmonger, taking his goods up to the windows, was just as inattentive as K. and nearly knocked him down with his cart. Just then, a gramophone, which in better parts of town would have been seen as worn out, began to play some murderous tune.
K. went further into the street, slowly, as if he had plenty of time now, or as if the examining magistrate were looking at him from one of the windows and therefore knew that K. had found his way there. It was shortly after nine. The building was quite far down the street, it covered so much area it was almost extraordinary, and the gateway in particular was tall and long. It was clearly intended for delivery wagons belonging to the various warehouses all round the yard which were now locked up and carried the names of companies some of which K. knew from his work at the bank. In contrast with his usual habits, he remained standing a while at the entrance to the yard taking in all these external details. Near him, there was a bare-footed man sitting on a crate and reading a newspaper. There were two lads swinging on a hand cart. In front of a pump stood a weak, young girl in a bedjacket who, as the water flowed into her can, looked at K. There was a piece of rope stretched between two windows in a corner of the yard, with some washing hanging on it to dry. A man stood below it calling out instructions to direct the work being done.
K. went over to the stairway to get to the room where the hearing was to take place, but then stood still again as besides these steps he could see three other stairway entrances, and there also seemed to be a small passageway at the end of the yard leading into a second yard. It irritated him that he had not been given more precise directions to the room, it meant they were either being especially neglectful with him or especially indifferent, and he decided to make that clear to them very loudly and very unambiguously. In the end he decided to climb up the stairs, his thoughts playing on something that he remembered the policeman, Willem, saying to him; that the court is attracted by the guilt, from which it followed that the courtroom must be on the stairway that K. selected by chance.