Trial and Condemnation of Jesus as a Legal Question. another said on the fifth; their witness is worthless. One said on the fifth hour, and another said on the seventh hour; their witness is worthless, because at the fifth hour; the sun is in the east, and at the seventh hour the sun is in the west." The second witness was examined sepa rately from the first, and they must agree as to verbal statements, and technically as to the character of the crime and the manner of its commission, and that the witnesses not only saw or heard the crime committed, but saw each other at the time. No torture was ever used to extort confession of guilt. Vol untary confession was not admitted, unless corroborated minutely by the legal number of witnesses. The evidence in, they proceed to consider the case. In this respect the Mishna provides : — "They open the case with clearing. One of the disciples says, 'I possess information to clear him.' Another of them says. 'I possess information for condemning.' They order the latter to keep silence. One of the disciples of the Sanhedrim says, 'I possess information to clear him.' They bring him up and seat him between the judges; and lie did not go down during the whole day. If there be substantial information, they give him a hearing; and even when he [the accused] says, 'I possess information for clearing myself,' the judges give him a hearing, only there must be substantial information in his words. If the judges cleared him, they released him; but if not, they deferred judgment until the morrow. They conversed in pairs, and reduced their eating, and they drank no wine all the day, and discussed the matter the whole night."
A summary conviction without this con sultation amounted to an acquittal, and the prisoner could not again be tried. " And on the morrow they came early to the judgment hall. He who was for clearing said, ' I was for clearing, and I am for clearing in my place; ' and he who was for condemning said, ' I was for condemning, and I am for con demning in my place.' He who pronounced for condemning could pronounce for clearing, but he who pronounced for clearing could not turn around and pronounce for condemn
403
ing." Mendelsohn modifies somewhat this statement, but leaves it practically to stand. "If the judges erred in a matter, the two scribes of the judges recalled it to their memory. If they found him clear, they released him; but if not, they stood to be counted. Twelve cleared him, and eleven condemned : he is clear. Twelve con demned him, and eleven cleared him; he is clear; and even eleven clear, and eleven condemn, and one said, 'I don't know,' and even twenty-two cleared or condemned, and one said. ' I don't know,' they must add judges. How many do they add as judges, two by two up to seventy-one; that is, they added two judges, and then voted. Thirty-six cleared him, and thirty-five condemned him : he is clear. Thirty-six condemned him and thirty-five cleared him : they disputed with each other until one of the condemning party acknow ledged the statement of the clearing party."
It thus appears that in the Sanhedrim of twenty-three it took the concurrence of thir teen judges to convict; and in that of seventy-one, it took thirty-seven. It also appears that all the judges must be either for clearing or condemning, and that an un decided opinion called for the addition of judges. If the judgment was of condemna tion, " they brought him forth to stone him. The place of stoning was outside the judg ment hall . . . One stood at the door of the judgment hall with flags in his hands, and another man rode a horse at a distance from him, but so that he might see him. If one said, ' I have something to tell for his clear ing," this one waved the flags, and the other galloped his horse, and stopped the accused; and even though he himself said, ' I have something to tell to clear myself,' they brought him back as many as four or five times, only there must be substance in his words. If they found him clear, they freed him; but if not, they took him forth to stone him. And a herald preceded him, crying, ' Such an one, the son of such an one, is brought out for stoning, because he commit ted such a transgression, and so and so are witnesses : let every one who knows aught for clearing him come forth and tell it.' "
