Bound by this tremendous sanction, the Hebrew witness was prepared to
testify. The method was unique, but seems to have been thoroughly
effective. Students of law will not be struck by its peculiarity. They
are well aware that any plan or mode is legal and effective that binds
the conscience of the witness. Even under modern codes that impose an
oath, no fixed form is imperatively demanded. In King _v._ Morgan, I
Leach C. L. 54, a Mahometan was sworn upon the Koran; in Omychund _v._
Baker, I Atk. 21, a Gentoo was sworn by touching the foot of a Brahmin;
in Reg. _v._ Entrehman, I Car. & M. 248, a Chinese witness took an oath
by kneeling down and breaking a saucer, the oath being administered
through an interpreter in these words: "You shall tell the truth, the
whole truth; the saucer is cracked, and if you do not tell the truth,
your soul will be cracked like the saucer."
_Examination of Witnesses._--As an act of caution against the admission
of irrelevant testimony, and as a means of placing before the entire
court, in the first instance, only such evidence as was deemed strictly
legal, a preliminary examination of witnesses was conducted in private
by a special committee of the Sanhedrin appointed for that purpose. All
irrelevant testimony developed at this private examination was
immediately declared inadmissible and was cast aside. The necessary
result of this most sensible proceeding was the discovery, in advance,
of discrepancies in the statements of witnesses and the eradication of
all illegal testimony. The full court sitting in regular session were
not, therefore, exposed to the danger of being prejudiced by the recital
of facts that had no legal connection with the case. Modern jurists
might easily learn something from the ancient Hebrews in this regard.
Every sensible lawyer is perfectly well aware of the absurdity and
injustice of the modern method of criminal procedure in allowing skilled
and designing attorneys to propose certain kinds of irrelevant testimony
in the presence of the jury, knowing very well that it will be overruled
by the court. These attorneys frequently deliberately draw out such
testimony from the witness with the expectation and understanding that
it will be ordered stricken out. The rule of practice that allows
incompetent testimony to be temporarily introduced upon a promise that a
foundation will be laid or relevancy shown, is abortive instead of
productive of justice. The mere clerical act of striking out incompetent
testimony does not, as a matter of fact, remove the impression of
prejudice from the brain of the judge or juror. The ancient Sanhedrists
were men of brilliant education and superior natural endowments. They
were trained in powers of logical analysis, and yet they were unwilling
to trust themselves with the possession of prejudicial facts arising
from incompetent testimony. It is respectfully submitted that the modern
average juror, whose mind is usually undisciplined in logic and legal
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