Merriman Says Arab Counsel Tampered with and Intimidated Moslem Witness Testifying for Jews As Arab

“Things have reached a very serious pass when intimidation is added to our opponents’ methods,” said Sir Boyd Merriman, counsel for the Jews before the Palestine Inquiry Commission, in his opening statement yesterday. The disappearance of Kawar, Arab witness for the Jews, whose testimony had not been completed on Saturday, was the basis for Merrimnan’s remark. He also charged that the mufti of Tiberias had taken an Arab employee of Pica (Palestine Jewish Colonization Association) a possible witness, from the anteroom where the Jewish wintnesses wait, to the Moslem Council, where the Grand Mufti made it plain he was a traitor to the Arab cause if he considered acting as a witness for the Jews.

WITNESS “SUDDENLY” CALLED AWAY

This morning the Commission received a letter from Kawar stating he was suddenly called to Transjordania on personal matters. “I am avoiding injury to myself, the letter stated Merriman charged that Kawar feared to return because of the warnings given to his friend Tabari, Stoker, counsel for the Arabs, denied that the Grand Mufti saw Tabari, but Merriman said. “He went to the Moslem Council.” “He went to Haaram to see friends.” insisted Stoker.

Merriman told the Commission that Maughanam, counsel for the Arabs, was seen instructing an Arab reporter, according to the “Palestine Bulletin,” to say that Braude, witness for the Jews, had broken down in his testimony. Such a story later appeared in the Arab press, Merriman charged, and bitterly objected to such behavior on the part of counsel. Maughanam, angered, denied such a story had appeared in the Moslem press and stated the notes he gave the Arab reporter were for the use of the Arab Executive only.

Horowitz, resuming his testimony, admitted that some of the language in cables to London may have been too strong. “I offered to show the Palestine Government every cable I was sending to London.” he explained, “but I objected to their war psychology in stopping them behind any back.

The witness recorded his objection to the Government’s refusal to use the cooperation of the Jewish Agency as the Mandate provided and cited the disarming of Jews “without courtesy of informing us.”

Commissioner Betterton asked the witness what, in his opinion, caused the riots. Horowitz replied that it was a mistake on the part of the Government to allow the Zionist Executive to make public the decisions on the Wailing Wall dispute July 13. Other causes, he stated, were the criminal neglect of the Government to take precautions and to accept in time the offer of forces from Captain Play fait Commissioner Shaw then asked. Why did you make public the Wailing de- (Continued on Page 4)

Horowitz answered, “If there were no Jewish unrest, there would have been no riots; also, if there had been no Jews in Palestine, the riots would not have occurred. The Jewish unrest over the Wailing Wall gave the Arabs an opportunity to carry out their designs.”

FEW ARABS REFUSED COMPENSATION

Passman, former manager of the American Zion Commonwealth, testified to refute charges that Afulah Arabs were driven from the land to make way for the Jews. He showed that the Government had approved of the compensation given the Arabs and that only twelve Arabs refused the terms. These did so, the witness said, “because the Arab Executive came from Jerusalem and told them not to get off the land.” He said the first Jewish plowers were attacked, but later the Arabs accepted the money offered and left the land. He stated that the Arab tenants of Jidro settled on other lands, built houses and bought livestock with the money given them by the Jews. His company, he said, twice compensated the Bedouin squatters, but they are still trouble-makers.

The Katz farm, the witness said, valued at $80,000, was burned during the riots, and an orange grove was uprooted on November 16. Commissioner Betterton expressed surprise that vandalism had occurred so recently. Passman also told the Commission that $1,000,000 was being expended on irrigation work around Haifa Bay, which work will free the plain cities of malaria. He showed that at Herzlia, where $200,00 had been expended on drainage and highway improvements and $800,000 invested in building of plantations, the Arab villagers retained their lands alongside of the Jewish village and there had been no riots.

SHAW REBUKES WITNESS TAMPERING

The Chairman of the Commission sternly rebuked any one connected with the Arab defense who spoke to a person in the private room reserved for the Jewish witnesses, giving rise, he said, to the suspicion that interference had been attempted with a person likely to give evidence. The suspicion of the Commission was strengthened, he said, by the fact that another witness who was present at the same time, has disappeared. “If the Commissioners learn that anyone has tampered or interfered with witnesses,” he warned. “steps will be taken of a most serious nature, leading to severe punishment for the offender. People should realize that this cannot be tolerated, and cannot be done with impunity.”

Counsel for the Arabs, Stoker, said he regretted that the Commission did not investigate the complaint. “The Arabs have nothing to hide,” he insisted.

Reading Chancellor’s statement to the Mandates Commission that the Wailing Wall dispute would be settled if Moslem authorities would sell the pavement before it to the Jews, for which the money was available, Merriman asked Chief Rabbi Kook if this were so. Rabbi Kook responded that he had never heard of such a proposal. The Chief Rabbi was close to breaking down, first when questioned regarding the burial of the Mizrachi boy, who, he insisted, was a martyr, saying the Jewish law requires the highest honors paid to any Jew killed or murdered in cruel circumstances. “Our recent afflictions prevented us paying deserving honors to the martyrs at Hebron and of the Yeshivah-youths who promised to become lights of Israel, rabbis and sages, were brutally massacred,” stated the venerable witness.

RABBI KOOK WEARIED

Weary of the brutal cross-examination of the cousel for the Arabs, Chief Rabbi Kook exclaimed, “This honored Commission investigates the blowing of the shofar as though pure blood had not been spilled, as if terrible things, unimaginable in the most backward country, had not occurred.” He insisted that the Jews were entitled to worship undisturbed everywhere, especially in the “holiest place in the Holy Land.” “I cannot answer briefly, soul-shaking questions,” he retorted at another time. Commissioners Hopkins, Morris and Snell also expressed fatigue at Stoker’s persistent questioning regarding the shofar blown at the Wailing Wall and in reference to the funeral.

Asked whether it was the intention of the Jews to convert the Wailing Wall into a synagogue, Chief Rabbi Kook replied that the most sacred place known to Jews transcends any synagogue. “Tolerance always existed here.” he said, “because the whole world recognized that the holiness of the Temple pervades the site. Before mischief-making individuals incited our Moslem brethren, everybody respected our rights.”

Rabbi Kook declined to discuss administrative details connected with the Wailing Wall, such as the appointment of the beadle, although Drayton, cross-examining for the Government, tried to get Chief Rabbi Kook to admit that the beadle was the real authority at the Wall. Rabbi Kook said he had not seen the oft-mentioned letter from Sacher protesting against a breach of the status quo, until after it was sent. He said that the Rabbinate possesses sufficient documents regarding Jewish claim to the Wailing Wall pavement as a holy place, but he had not considered it necessary to submit a technical discussion to the Commission, because “the whole civilized world knows it is the holiest place to Jews and the greatest receptacle for Jewish tears. The spiritual meaning of the Wailing Wall is untranslatable into the language of official documents.”