The doctrine of interest as a disqualification to testify was carried to
the limit of declaring a person incompetent to be a witness when he was
the citizen of a town where claim of title to the public bath house or
the square was made, until he had first divested himself of all share in
the title to the litigated property.[128]
_Number Required to Convict.--Under Hebrew law, both Mosaic and
Talmudic, at least two witnesses were required to convict an accused
person. The prosecuting witness being included, three were necessary._
Concerning capital punishment, the Mosaic ordinance, referring to this
rule, runs thus:
At the mouth of _two_ witnesses, or _three_ witnesses, shall he
that is worthy of death be put to death; but at the mouth of _one_
witness he shall not be put to death.[129]
Whoso killeth any person, the murderer shall be put to death by the
mouth of witnesses; but _one_ witness shall not testify against any
person to cause him to die.[130]
From the Talmud we learn that this Mosaic provision was maintained with
scrupulous fidelity in the administration of justice throughout all the
years of Jewish nationality. It was a requirement of prudence and safety
which commends itself to every logician and legist. It is not necessary
to be a criminal lawyer of large experience to know that the blackest
falsehood can almost always secure at least one champion. Pliny, the
historian, knew this when he wrote: "_Nullum tam impudens mendacium est
quod teste careat._"[131]
The requirement of two witnesses was not, however, peculiar to the
jurisprudence of the Hebrews. Nearly every ancient code contained a
similar enactment. It was especially prominent in Roman law.[132] But it
can scarcely be found to-day in any modern legislation. In prosecutions
for the crimes of treason and perjury under the Common Law of England,
two witnesses were required; in almost all other cases, one positive
witness was sufficient.[133]
The American Constitution requires two witnesses to the same overt act,
to convict of treason.[134] And the penal laws of the majority of the
American States have provisions requiring at least two witnesses, or one
witness corroborated by circumstantial evidence, to establish guilt in
the prosecution of certain crimes; notably, the sexual crimes of rape
and seduction, the crime of perjury, as well as all crimes where it is
sought to convict upon the testimony of an accomplice.
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