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Inadequate preparation of the case by the police and the collapse of the prosecution twice during the course of the trial, is held responsible for the light sentence accorded Sheik Taleb Markah, alleged instigator of the Hebron massacre, who was condemned to two years in prison, the payment of a fine of $250 and the costs of the trial. Indignation was expressed in Jewish circles over the sentence.
The verdict was delivered by Judge Corrie at five-thirty yesterday afternoon. A crowd of several hundred Hebron Jews and Arabs waited outside the courtroom while the court deliberated.
In handing down the verdict in the Jerusalem District Court, Judge Corrie said: “The court holds that on Friday afternoon, Taleb was guilty of inciting the Hebron inhabitants to attack the Jews. On Saturday he addressed the crowd, but there is insufficient evidence to prove incitement. Therefore the offense constitutes a misdemeanor.”
Counsel for the defense asked for a six months sentence only, which would have set a precedent for such an offense.
In the course of the day. Government Advocate Sherwell briefly summed up the evidence for the prosecution, basing his plea for conviction on the statement of Assistant Police Superintendent of Hebron. Cafferatta, which corroborated the evidence of the prosecution as well as that of defense witnesses.
The brother of the Grand Mufti, in summing up for the defense, jeered at the absurdity of the prosecution witnesses, calling them all liars, stating that he is ashamed to speak of the absurd accusation that Taleb used the term. “sweet birds,” in referring to the girls he was alleged to have said were in the Slonim house, chief scene of the massacre. Saleh, another counsel for the defense, on the legal aspects of the case, pointed out that the accused was subject only to the punishment for a misdemeanor, since he was not seen arming the crowd.
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