The second part of the trial then began. It must be remembered that
there were two trials of every Hebrew capital case. The second day was
not a trial _de novo_; but was a proceeding in the nature of an appeal
and was intended to accomplish a review of the proceedings of the
previous day. Additional testimony, however, which had been discovered
after the close of the first trial, might be introduced. But the record
of facts seems not to have been considered so important as the question
of the fixed opinions of the judges. Each member of the Sanhedrin was
required, on the second day, to vote again and to declare anew his
notions concerning the guilt or innocence of the accused. The statements
of each judge were carefully noted by the scribes and compared with his
statements at the previous day. If any judge voted for conviction at the
second trial and founded his judgment on reasons and arguments radically
different from those of the first day, his verdict was rejected. A
member who had voted for acquittal on the first day was not permitted to
change his vote for conviction on the second day. But one who had voted
for condemnation at the first trial, might, by giving valid reasons,
vote on the second day for acquittal.[174]
A most striking peculiarity of Hebrew law is to be noted in their method
of counting votes and arriving at sums total in favor of or against the
accused. Certain peculiar rules were to be strictly applied in
determining the ultimate result. When upon examination of the record it
was discovered that two or more judges had advanced identical arguments,
though each supported his contention by different Biblical citations,
their collective opinions were regarded as the common expression of a
single mind and all their votes were counted only as one. Father and
son, teacher and pupil, being members of the same court, counted also as
one, provided their votes and opinions were arrayed on the same side,
but not when they were placed in antagonism.[175]
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