It was the first real test of a new regime.King Mosiah had changed the government of the Nephites from a kingship to a judgeship. The trial of Nehor would shake the new government to the core and challenge the courage of the first chief judge: Alma the Younger.John W. Welch, a professor of law at Brigham Young University, examined the trial of Nehor in his book "The Legal Cases in the Book of Mormon.""The trial of Nehor is a classic case of a newly installed judge having to make a decision that, either way, was certain to offend and be unpopular with one group or another with his community," Welch wrote.Mosiah's reforms included what Welch called a "free sphere for beliefs," or as the Book of Mormon describes it, "the law could have no power on any man for his belief" (Alma 1:17). Nehor taught that God would give everybody eternal life. There was no sin or punishment. He rejected judgment and tradition. God had created everybody and would save everybody.Nehor called his teachings "the word of God" (Alma 1:3).The crimeIn the first year of the reign of the judges, Nehor encountered an elderly veteran named Gideon. An argument led to Nehor attacking Gideon, who was killed after a struggle (Alma 1:7, 9).Nehor was brought before Alma. "This crucial proceeding and decision ... defined and established the scope of the judicial powers of the Nephite chief judgeship," Welch wrote.The defenseNehor pleaded his case "with much boldness" (Alma 1:11), but the scriptures do not tell us what these arguments might have been. Welch gives several possibilities:Jurisdiction: Nehor could argue that Mosiah's law says that he should be taken before lower, more local judges. Welch wrote that Alma's acceptance of jurisdiction expanded his powers beyond the stated law of Mosiah.Self-defense: Welch wrote it was unlikely that Nehor would claim self-defense against the aged Gideon.Unintentional homicide: Nehor's strongest defense under the Law of Moses was that this was not an intentional murder. Murder required preplanning or "lying in wait" (Exodus 21:13, Numbers 35:20). It also required "hatred" against an enemy (Numbers 35:20-22)."Nehor could have argued forcefully that he had not harbored the requisite hatred or preplanned desire to do Gideon harm. Certainly Nehor did not plan ... the confrontation," Welch wrote.Defense of freedom: Nehor could have argued that he was defending his religious freedom to go where he wanted and say what he wanted, according to Welch.The judgmentWelch described Alma's decision as "judicial brilliance." A "simple charge of murder" seemed to be precluded by Numbers, Chapter 35. There was also no proscribed punishment for "priestcraft" or, as Welch defined it, "preaching for self-aggrandizement and to get gain."According to Welch, Alma took the law that covered the act (killing by the sword) and combined it with the law that covered the mind (practicing priestcraft)."Nehor was executed not for murder, and not for priestcraft, but for a composite offense of endeavoring to enforce priestcraft by the sword," Welch wrote.Alma knew he was creating new law and so gave his rationale for the verdict: "(A)nd were priestcraft to be enforced among this people it would prove their entire destruction" (Alma 1:12).The punishmentNehor was taken to the top of the hill Manti for his execution without delay (Leviticus 24:23, Numbers 15:36, 1 Kings 21:13). He then "was caused" to confess (Alma 1:15)."That his confession was obtained under duress seems confirmed by the fact that Nehor's followers did not abandon his doctrine as a consequence of his confession," Welch wrote.Nehor did not go willingly to his death. He had to be carried. Welch believes he was stoned because it was the ordinary type of execution for murder. Rabbinic law, according to Welch, said that the person was usually pushed off a cliff so that the fall would knock him unconscious and make it easier to cast stones on him. Then, under Jewish law, his body would be hung on a tree (Deuteronomy 21:22-23).The aftermathLife did not get easier for Alma after the trial.Amlici, Nehor's successor, led a rebellion designed to end the reforms of Mosiah and establish a king. After the resulting civil war and after eight years, Welch described Alma as "relinquish(ing) all of his military, judicial, and political responsibilities."Alma went forth to preach the word of God. Ironically, he would be taken and tried before a judge in the city of Ammonihah — a city that would one day be known as the "Desolation of Nehors."Next Week: Nephi trial shows judicial inability (A Book of Mormon murder trial)
E-mail: mdegroote@desnews.com