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In the early 1950s,
there lived in Jerusalem an elderly, God-fearing stamp collector of
Hungarian birth by the name of Malkiel Gruenwald, who tried to eke out a
living as a self styled journalist. Periodically, he issued a newsletter
called Letters to Friends in the Mizrahi to fellow journalists. In August,
1952, issue number 51 appeared with some of the most vitriolic language
aimed at Dr. Rezsö Kasztner.
"For three years I have waited for
this moment. The smell of rotting carrion fills my nostrils. It will be a
funeral of the very best kind! Dr. Rudolph (Rezsö) Kasztner must be
liquidated. I have waited for this moment to bring to justice this
careerist, who benefits from Hitler's theft and murder."
Grunwald continued in this vein to
charge Kasztner with responsibility for the destruction of Hungarian
Jewry, because of Kasztner's attempt to negotiate the rescue of Hungarian
Jewry through ransom. The accusations included theft, collaboration with
the enemy and betrayal of allies.
Because Kasztner was a member of the
ruling Mapai (Labor Party) and a functionary of the government, he was
informed by Attorney General Haim Cohen that he must take legal action to
clear his name or resign.
Following those instructions,
Kasztner instituted libel action against Malkiel Gruenwald on January 1,
1954. Gruenwald was represented by defense attorney Shmuel M. Tamir, a
member of the Herut (Revisionist) Party, a violent opponent of Mapai in
general and Ben Gurion in particular. The trial was presided over by
Benjamin Halevy, who had his own private battle with Mapai and Ben Gurion.
Records of the trial strongly suggest
that Tamir was far more interested in persecuting Kasztner than in
defending Gruenwald, and Judge Halevy stood at the ready to accommodate
him at nearly every step. The attorneys finished their closing arguments
in September, 1954.
Judge Halevy mulled over the 3,000
pages of trial transcript for nine months, rendering a verdict on June 22,
1955. His verdict ranged over 274 pages and found most of Gruenwald's
accusations against Kasztner justified. He concluded his laborious verdict
with the statement that Kasztner 'sold his soul to the devil." Although
the decision was appealed, two and a half years would pass before the
Israeli Supreme Court would render its verdict on the appeal. In January,
1958, the Supreme Court rejected all of the major decisions offered by
Judge Halevy by a four-to-one and was strongly critical of the entire
proceeding in the Kasztner matter.
Sadly, the legal vindication came too
late for Rezsö Kasztner. On the night of March 3, 1957, he was gunned down
by three members of the old Lehi (radical Revisionist) underground. He
died three days later of his wounds.
For more information on the Kasztner trial please consult these articles from the Law and History Review:
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