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he was entrusted with them by their owner’s shepherd. The latter
swears an oath to the contrary, but the court bases its conviction of
the defendant on the fact that he failed to show itemized, written
proof (bàbu u idàtu) of the alleged transaction.3.3.2 Witnesses
3.3.2.1 Women and slaves appear as witnesses in litigation. Hearsay
evidence was accepted, as where a woman testifies to an admission
of theft that she overheard (JCS28, 45, no. 39 = Joannès, “Textes
judiciaires.. .,” no. 158). The court could also call upon expert evi-
dence, as where it summoned a parchment scribe (sepìru) to examine
the tattoos on a slave’s wrist.^48 A dagger that had been brandished in
court was wrapped and sealed as material evidence (TCL 12 117 =
San Nicolò, “Gimillu.. .,” 77).3.3.2.2 Testimony could take precedence over the oath, as where an
accused swears that he has not misappropriated dates, but the tem-
ple still gives a conditional judgment imposing punishment upon him
in the event that a witness should prove it against him (YNER 1 2).3.3.3 Oath^49
3.3.3.1 The declaratory oath is found in cases where there was no
written record of the transaction (Dar. 53), or where the document
has been lost or destroyed (TCL 13 179). In CM 20 166 a slave, the
business manager of the creditor, had to swear that he had not hid-
den written evidence nor misrepresented its contents, in the absence
of a record of repayment by the deceased debtor. In BM 77425 (dis-
cussed at 5.2.1 below), the holders of the relevant document were
unable or unwilling to produce a document on which the opposing
party was relying. The court therefore summoned the scribe and
witnesses to the document and had them affirm its contents under oath.3.3.3.2 In BM 77425 the court makes clear that the oath is deci-
sive proof. It may differ from the earlier two examples not only in
the absence of competing evidence but also in the circumstance that(^48) TBER 60–61, edited and discussed by Arnaud, “Un document juridique...”
(^49) Joannès, “La pratique du serment...”
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