matters, is not able to sift and disentangle the relevant from the
irrelevant in the record of a civil or criminal trial of two or more
weeks' duration. Theoretically, he is; but practically, he is not. Every
impression, good or bad, legal or illegal, received at the trial,
affects his judgment and enters into the general summary of the case in
reaching a verdict.
_Separation of Witnesses.--The witnesses were required to give their
testimony separately and always in the presence of the accused._
Daniel said to the people concerning the two old men who testified
against Susanna: "_Separate_ them, and I will examine them."[142]
By this was meant that witnesses could not be examined until they had
been separated in conformity with law. Under modern practice in most
jurisdictions, witnesses may be separated and examined one at a time out
of the presence of each other. The rule of separation is, however,
generally optional with the litigant and discretionary with the court;
the ruling of the court being usually reversed only in case of abuse of
discretion. But among the Hebrews the requirement was mandatory and
imperative. It had to be observed in every case.
_Mode of Examination of Witnesses._--The mode employed by the Hebrew
judges in examining witnesses is without a precedent or parallel in the
jurisprudence of the world. Two distinct sets of questions constituted
the examination. The first set consisted of a series of interrogations
relating to the _time_ and _place_ of the alleged crime. These questions
were prescribed by law and could not be varied in the slightest. The
technical name applied to the first set of questions was Hakiroth. The
second set was termed Bedikoth[143] and included all interrogations
touching the investigation of relevant circumstances and corroborative
facts surrounding the case. The following seven questions, constituting
the Hakiroth, the first set of questions, were propounded to each
witness: "Was it during a year of jubilee? Was it in an ordinary year?
In what month? On what day of the month? At what hour? In what place? Do
you identify this person?"[144]
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