These seven questions were framed and applied in conformity with a
fundamental principle of the Hebrew law of evidence that the testimony
of any witness, if false, should admit of being impeached and
overthrown by proof of an _alibi_ against the witness. It seems, indeed,
that proof of an _alibi_ against the witness was the only method of
impeachment known to Hebrew law. It may be readily seen that the only
statements capable of being thus contradicted were confined to those
relating to the details of _time_ and _place_. To illustrate: Suppose
that two witnesses had testified that the alleged crime was committed in
a certain town at a certain hour; suppose that it subsequently appeared
in evidence that, at the stated time, one or both these witnesses were
in a neighboring town. In such a case, the witness or witnesses stood
impeached, their testimony was overthrown and they, themselves, became
subject to the pains and penalties of perjury.
The failure of any witness to answer satisfactorily any of the seven
questions above mentioned entitled the accused to immediate acquittal.
Any material disagreement between two or more witnesses required by the
law in answer to any one of these questions, likewise entitled the
prisoner to immediate discharge. These seven questions seem to have been
framed not so much to develop truthful testimony and to promote the ends
of justice from the standpoint of the State as to enable the defendant
to attack and destroy the testimony of hostile witnesses. The rule and
the reason thereof are thus clearly and succinctly stated by Mendelsohn:
The several particulars referring to time and place must be
furnished with the greatest possible precision and certainty, and
that by the whole party of witnesses. The slightest disagreement
on the part of the witnesses in regard to any one of these
particulars invalidates the entire testimony. Even where a number
of witnesses greater than that required by law, as three, appear,
and two agree on every point, but the third differs from them as to
more than one day, or more than one hour in the day, the whole
testimony is invalidated. For time and place are the only points
which affect the person of the witness himself; he not being able
to be at more than one spot at any one time; time and place are,
accordingly, the only grounds on which the witness may be confuted
and duly punished.
The second set of questions, termed the Bedikoth, embraced all matters
not brought out by the Hakiroth, such as would form the basis of
legitimate modern direct or cross examination. The following kinds of
evidence, however, were not admissible under either set of questions:
Evidence of character, good or bad; previous convictions of the accused;
and evidence as to the prisoner's antecedents. Such matters were not
relevant, under Hebrew law, and could not be urged against the
prisoner.[145]
Public-domain text, read in full here on John Shaqi.
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