These questions being satisfactorily answered, the next step was a rigid
examination into the facts and circumstances attending the commission of
the crime and the connection of the accused therewith. This process of
examination and cross-examination was termed the Bedikoth and embraced
all questions not included in the Hakiroth which tended to establish the
guilt or innocence of the prisoner at the bar.
When the witnesses for the Commonwealth of Israel had been examined,
witnesses for the defendant were heard. The accused was also urged to
say anything he wished in his own behalf. As we have before pointed out,
the Hakiroth questions as to time and place could be rebutted only by
establishing an alibi against the witnesses for the state. If such an
alibi was proved, the defendant was acquitted and at once discharged. A
contributor to the "Jewish Encyclopedia," discussing this point of
procedure, says: "It has been shown under Alibi how a 'set' of witnesses
may be convicted as 'plotters' by another set or sets proving an alibi
on them. But the opposite party may prove an alibi on the convicting set
or in some other way show that the facts testified to by the first set
were impossible or untrue. Under such circumstances, a modern judge or
jury would weigh the credibility of the witnesses and the probability of
their stories and decide between them accordingly. The sages did not
trust themselves or their successors with this discretion. If there were
no indicia or fraud, they held that as some one was evidently lying
they could not decide which of them it was, and that there was no
evidence on the point."[173] The result was an acquittal.
If material contradictions in the testimony of the witnesses were shown
by the Bedikoth, the trial was at once terminated and the accused was
free. 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 the two or more witnesses
required by the law in answer to any of these questions likewise
entitled the prisoner to an immediate discharge. If the prosecuting
witnesses relied upon documentary, circumstantial or hearsay evidence to
convict, their testimony was at once rejected and the defendant was
released.
But if the accused failed to establish an alibi against the prosecuting
witnesses in the matter of the Hakiroth; and if the Bedikoth developed
evidence fairly consistent and uncontradictory; and if the testimony of
the witnesses was purely oral, that is, was not documentary, hearsay or
circumstantial, then there was legally admissible evidence to lay before
the Sanhedrin. The competent witnesses who could render relevant
testimony were then led, one at a time, before the general body and
required to testify.
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