and that he had accompanied him.
The three judges agreed that the affidavit was irrelevant and unimportant and could not be taken seriously, since it could not assist either the prosecution or the defense. The appeals court upheld the decision of the trial court in this matter.
Defense Counsel Samuel pointed out to the court that evidence had been wrongfully excluded by the trial court which showed that the Histadruth, the Central Labor Federation of Palestine, had exploited the murder for political purposes in the 1933 election adversely affecting the Zionist Revisionist party and alleging that the Histadruth and the Jewish Agency for Palestine had assisted the prosecution in securing the conviction of Stavsky.
Chief Justice McDonnell refused to permit the introduction of the testimony, declaring that the activity of the Histadruth as far as the death of Dr. Arlosoroff was concerned was only normal activity. He therefore ruled the evidence with its imputation of sinister political activity out of place.