the
proceeding is, if possible, deeper and blacker than ever.
In Chandler's excellent work (vol. I, "The Hebrew Trial"), the record of
fact in the case, and the Hebrew criminal law bearing thereon are
exhaustively considered. Then follows an elaborate "Brief", in which the
following points are set forth in order.
"_Point 1: The Arrest of Jesus was illegal_", since it was effected by
night, and through the treachery of Judas, an accomplice, both of which
features were expressly forbidden in the Jewish law of that day.
"_Point 2: The private examination of Jesus before Annas or Caiaphas was
illegal_"; for (1) it was made by night; (2) the hearing of any cause by
a 'sole judge' was expressly forbidden; (3) as quoted from Salvador, 'A
principle perpetually reproduced in the Hebrew scriptures relates to the
two conditions of publicity and liberty.'
"_Point 3: The indictment against Jesus was, in form, illegal._ 'The
entire criminal procedure of the Mosaic code rests upon four rules:
certainty in the indictment; publicity in the discussion; full freedom
granted to the accused; and assurance against all dangers or errors of
testimony'--Salvador, p. 365. 'The Sanhedrin did not and could not
originate charges; it only investigated those brought before
it'--Edersheim, vol. I, p. 309. 'The evidence of the leading witnesses
constituted the charge. There was no other charge; no more formal
indictment. Until they spoke and spoke in the public assembly, the
prisoner was scarcely an accused man,'--Innes, p. 41. 'The only
prosecutors known to Talmudic criminal jurisprudence are the witnesses
to the crime. Their duty is to bring the matter to the cognizance of the
court, and to bear witness against the criminal. In capital cases they
are the legal executioners also. Of an official accuser or prosecutor
there is nowhere any trace in the laws of the ancient Hebrews.'--
Mendelsohn, p. 110.
"_Point 4: The proceedings of the Sanhedrin against Jesus were illegal
because they were conducted at night._ 'Let a capital offense be tried
during the day, but suspend it at night,'--Mishna, Sanhedrin 4:1.
'Criminal cases can be acted upon by the various courts during daytime
only, by the Lesser Sanhedrions from the close of the morning service
till noon, and by the Great Sanhedrion till evening.'--Mendelsohn, p.
112.
"_Point 5: The proceedings of the Sanhedrin against Jesus were illegal
because the court convened before the offering of the
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