V
THE DENIAL OF THE AUSTRIAN EMBASSY
EMPLOYEE
ISAAC PICCIOTTO
Thursday, Muharram
15, 1256 H (March 19, 1840)
The Investigation
Committee sent a memorandum to the Austrian Consul in
The Investigator
informed Mr. Picciotto as follows:
"The report by
Murad Al-Fattal, David Harari's
servant, and the confessions of the others indicated that you were in the
company with those present at the slaying of Ibrahim Amarah, the servant of Priest Thomas. It is required of you
to state the facts and tell us the truth."
Isaac Picciotto
responded: "I was not present, and I have heard nothing in regard to this
matter. I do not know anything about what has happened. It was an honored for
me to accompany the representative of the Austrian Consul, Mr. Joseph Ayrouth to visit His Excellency, the Governor, at his
office. There can be no doubts regarding my participation in the slaying, or of my presence during the slaying. This had been mentioned by His Excellency, the Governor to the
Austrian Consul. It is possible that I may have some information about the
matter due to what was reported by David Harari's
servant. Especially so, after it had been confirmed that on
the night the Priest disappeared, I was spending the evening with Khawaja Magsoud. I am at a
loss now, because you are relying on false statements and accusations regarding
matters beyond my knowledge. I have proof and evidence which will attest to my
whereabouts from Wednesday afternoon to the afternoon of Thursday which will
confirm that I had nothing to do with these
false accusation against me. I cannot provide answers to what may develop
daily from false statements. I can add nothing except my first answer in which
I have explained how I spent my time during the whole period involving the
disappearance of the Priest, Thomas, and his servant."
The Investigation
continued as follows:
The Investigator
stated, "In fact, we did not have any suspicion regarding Isaac Picciotto
in the beginning. But our suspicion developed later due to the confessions of
the servant Murad, and the others who were present
with him. As to what Isaac has said regarding his spending the evening with Mr.
Magsoud, and regarding the confessions of the others,
in addition to the servant, we are ready to bring them for a face to face
confrontation. As far as discrediting the witnesses, the servant and all the
others are followers of the religious teaching of Moses, they are all Jews.
There is no reason to suspect any of them. Especially when
they have confessed regarding the participation of persons who are their own
relatives of friends."
Isaac Picciotto
answered: "We went to spend the evening with Mr. Magsoud
about
The Investigator
then asked "Name those who attended the evening party at Maqsoud's house so they may be brought for
questioning."
Picciotto answered
"As I have said, we arrived before anyone else. The others started to
arrive following one another until
The Committee
issued a memorandum calling for those named by Isaac Picciotto. They ordered
the dispatcher to bring them for questioning. The Committee also adopted a
decision requiring that Isaac will be present during this questioning in order
to confront him with his statements to the Committee.
The
Investigation Committee continued by calling Muallim Aslan Farhi, and asking him:
Q: "Yesterday you wrote your report on the
slaying of the servant of Priest Thomas. Isaac Picciotto has denied the facts
as you stated them."
A: "Isaac Picciotto was present."
Isaac Picciotto asked
Aslan: "What time was it when I was there?"
Aslan answered: "The time was between sunset and
Isha." Isaac Picciotto said: "I want to see
what Aslan Farhi wrote in
his report."
The report was
brought in. Isaac asked that it be read. The report was delivered orally word
by word. After the reading Isaac Picciotto said: All of what has been said in
this report is false. It has no bases for truth. It seems that Aslan Farhi has become arrogant
after receiving his safe ordinance from our Afandi.
He is taking a short cut to avoid being beaten or tortured..
If we were Egyptian subjects and we were accused, facing torture, such as we
know of, and we obtained a similar safe conduct as he has, we might bear false
witness also to save ourselves as he did. But God forbid us (the Jews) to do
such a thing because this will destroy the sense of trust and honor in such
situations. Upon my return to the Consulate this morning, I am going to call
His Excellency the Austrian Consul and two witnesses to submit objection
against this false accusation directed toward me. I will make a claim to this Diwan (Office) and to the Supreme Diwan
which include those who are responsible over me: His Excellency the
Governor General, and His secretary Mansour Tayyan: Mr. Massari, Head of the
Medical Corp of the Governor General; Khawaja Chubli Ayoub; and Khawaja Beaudin, the Assistant to
the French Consul in
The Governor
General, Head of the Investigation Committee, said: The subject of objection
does not concern us very much. You should know that Murad
Al-Fattal, David Harari's servant, has confessed. So
has the Barber Soliman Saloom.
Their confessions were in complete agreement, almost identical. Then came Muallim Aslan's
confession which confirmed the complete agreement of all three confessions, in
spite of the fact that they were separated from each other, in single and
separate rooms. This is to say that in their solitary confinement with no
chance of communication among them. If there were falsification or forgery,
these identical confessions would not have happened. If Muallim
Aslan is in the habit of falsifying, and here in
Isaac Picciotto
replied: "You have said that my objections to your questions do not
interest you very much, and I say that the purpose of the
objections are to reveal the falsehood. As to the identical confessions
we do not know this kind of forgery and have no experience with it. We have
nothing except our first answer regarding the hours we spent
from Wednesday
Then the Head of
the Investigation Committee said, "We have no knowledge of the forgery of
which you speak, and/or its purposes. You must explain to us the aim of this
forgery."
Then Isaac
Picciotto said: "This forgery is the work of some enemies."
The Investigator
added: "You must identify for us those enemies."
Picciotto stated,
"The enemies are many."
Those who were at Khawaja Maqsoud's party were
brought in for questioning. They included: George Maqsoud,
Antwan Swabini, Bisharah Nasr-Allah, Gobran Jahil, and his brother Botrus Jahil.
The investigation
of these men started with the following statement and questioning to each of
them:
Q: Khawaja Isaac Picciotto was one of those who attended your
party on the Wednesday-Thursday evening when Priest Thomas disappeared. I would
like each of you to tell us when (Mr. Picciotto arrived at the party.
Each man then
answered:
1 - George Maqsoud. "I believe he came before Isha
call to prayer. Although I am not quite certain as to the
exact time."
2 - Antwan Seabini: "He came
between two and
3 - Bisharah Nasr-Allah:
"Picciotto came between
4 - Gobran Jahil's answer was exactly
like that of Bisharah.
5 - Botrus Jahi: "I went to Maqsoud's house between
Once again the
Investigator turned his questioning toward Swabini:
"Were you there before the arrival of Picciotto?" Swabini
answered: "Yes, I was there." Then the Investigator asked George Maqsoud confirmed by saying: "Yes, he was there. I had
already sent the servant to invite Khawaja Sola. The
servant returned with him. I then sent Swabini once
more with the invitation."
Then the
Investigator called Yehya Bziti,
the servant of Isaac Picciotto, and asked him again about the time they went to
the evening party. In the presence of all he answered, "We went half an
hour after Isha. The Gates were closed and had to be
opened for us."
The Investigator
then called Picciotto and confronted him with the statements of those who were
at the party about his late arrival, and his involvement with the slaying of
Priest Thomas' servant. He answered, "I have no answer except what I have
already told you in the first questioning on Friday, 3rd of Muharram 1256
H."
After this event due
to the denial of Isaac Picciotto, the Investigation Committee sent a message to
the Austrian Consul as follows:
A
Message to His Excellency the Austrian Consul to
Yesterday we sent
you a memo requesting that Khawaja Isaac Picciotto be
sent for questioning regarding the subject of the slaying of Priest Thomas Al-Capuci's sevant. Mr. Picciotto
came accompanied by your authorized interpreter, Khawaja
Yusuf (Joseph) Zananiri.
The questioning of Khawaja Isaac Picciotto took
place, and your interpreter, Yusuf Zananiri recorded the answers on behalf of Isaac Picciotto,
according to his request. At the beginning of the investigation, His Excellency
the Consul of France came visiting. He was a witness
to the questions and answers. Then he started to speak with Khawaja
Isaac in French. Suddenly, Khawaja Isaac Picciotto
stood up, he acted angrily and behaved foolishly, claiming that His Excellency
the Consul had insulted and belittled him in his conversations. He said that
"he was no longer ready to answer more questions; that he did not want to
listen to any more questions, that he will not accept the continuation of this
case except with the presence and protection of the Austrian Consul." We
said to him, that you yourself started the conversation with His Excellency,
the Consul of
The Investigation
Report of Saturday,
Muharram 17, 1256 H
The Austrian
Consul's reply to the Message from the Investigation Committee: "We are
returning Isaac Picciotto, with Yusuf Zananiri, to complete the investigation of the slaying of
Priest Thomas' servant."
The Head of the
Investigation Committee continued with Picciotto's case as follow: "You
came on Thursday, Muharram 15, 1256 H. for questioning. The investigation ended
when you were confronted by your servant, who stated that on the night of the
slaying of the servant of Priest Thomas, you went to George Maqsoud's
house about half an hour after Isha call to prayer.
The Gates were closed and the night watchman opened them for you. At this point
in the investigation you stood up and refused to answer more questions leaving
for the Austrian Consulate. Now, what is requested of you is that you reply to
your servant's statement. What is your reply?
Isaac Picciotto
replied: "I am not obliged to reply to my servant's confession. But I will
answer an order to explain to those in authority, who are foreigners in
In the servant's
first confession, he said that we went after the Isha
call to prayer at about an hour or an hour and quarter. Then in his second confession he said that we went about half an hour after the Isha call to prayer. The servant may be excused for
changing his confession after being jailed and frightened for his life. George Magsoud stated in his confession on Thursday, Muharram 15th
that we arrived at his house at
In comparing these
statements it shows the falsehood of Swabini's
statement and its worthlessness. Especially the Swabini
is known to be of ill repute in public and private circles. As to the statement
of Khawaja Magsoud, it was
obtained twelve days after the incident, which invites mistaken judgment
concerning the time. I request the recall of Magsoud
and Swabini for re-questioning."
The Governor
General, Head of the Investigation Committee replied: "It appears from
your statement that you refuse even a response to your servant's confession on
the pretence that he gave his confession under pressure in prison. I remind you
that the arrest of your servant and his detention for questioning did not take
place until after Murad Al-Fattal's
confession regarding you. And that on the night before the
arrest of the Harari's you were spending the evening
with them. During which time Murad called on
you and you went to visit him after leaving the Hararis.
You sent your servant back to the Harari's house to
dismiss their worries, and to inform them on your behalf not to be worried
because there was nothing to worry about. Your servant was called for
questioning regarding this confession and he has confirmed its validity. Then
he was questioned again about the time of your visit to Maqsoud's.
We separated him in order to confront you and continue the investigation
without prejudice. In addition to that we learned that there were two well
known Syrian merchants who saw you when you went to spend the evening at the Maqsoud's. We called both of them yesterday and obtained
their statements as witnesses which we will now read to you so that you may be
informed of the two witness statements. However, regarding your request that we
recall Magsoud and Swabini
for re-questioning them, we have no objection to that. Also we will call the
two witnesses: Hanna Boulad and Ibrahim
Ghorrah, so that you may hear their statements as
they are written in their report.
The Investigation
Committee called the above mentioned witnesses as requested by Isaac Picciotto
for re-questioning. The Investigator started the questioning of Magsoud. He asked him in the presence of Swabini:
Q.
State exactly the arrival time of Isaac
Picciotto to spend the evening party with you.
A. I was not carrying a watch, and do not know
the exact time when Picciotto arrived. The English Consul asked me fifteen days
ago about the time and I told him that Picciotto arrived about two thirds of an
hour after sunset call to prayer. I did not know that his arrival time would be
so important, so I did not try to obtain the exact time. It also happened that
I met Hanna Fraih at Asa'd
Pasha Inn on Wednesday, Muharram 14, 1256 H. and he told me that there were
four reliable witnesses who will confirm that they saw Isaac Picciotto coming
to your house before the Isha call to prayer,
including Ibrahim Ghorrah.
Afterward I went to the market-place where I met Yusuf
Ayrouth. He said to me that Hanna Fraih
had told him what I have mentioned earlier. I told him that I already knew what
he was saying. This indicated to me, from the conversation with Fraih and Ayrouth that they
wanted to support his witness.
The Investigator ask Swabini about his previous
statement. He replied, "Isaac Picciotto arrived at the house of Khawaja Maqsoud between
Isaac Picciotto
replied, "I answered as to what has been related in my servant confession.
But what is related to the witness of Baulad and Ghorrah I say that they has certain intentions against the
Jews in general, i.e., to execute them. This is well known and widely spread, I
think by both the Honorable
Khedivate
and the Military Intellegence Administration. It is within the capability
of the responsible guardians (the rulers), with their far-sighted outlook and
deep thinking, to distinguish the truthfulness or falsehood of the statements
of those ahawajas."
The Governor
General, Head of the Investigation Committee replied: "You spent the
evening of the incident in the Christian neighborhood (Quarter). Those who gave
their witness (statements) mentioned earlier, regarding the time of your
crossing, saw you them. Now you are attacking their statements. You say that
their intention is to execute the Jews. That this intention is well known to
the Honorable Khedivate and the Military Intelligence
Administration. And I say to you,
"that the Honorable Khedivate and the Military Intelligence Administration
have no knowledge regarding this matter. You must explain this to us so that we
can look into it. But, you should also remember that there are some Jews who have
given their testimony against you. Among those are Murad
Al-Fattal (the servant of David Harari, Muallim Aslan Farhi
The have given testimony on the subject of the murder of the servant of Priest
Thomas. In addition Khawaja Maqsoud
gave his testimony which you have refused to acknowledge. All of these
witnesses are from your own people of the Jewish faith, well as those of the
Christian faith. Give us the names of those who are acceptable as witnesses,
those whom you wish to take the witness stand on your behalf."
Picciotto answered:
"The fact that His Excellency, the Investigator, our Gentleman wants a reply to my statement of objection which relates to the
accusation regarding enemies to the Jews makes it apparent that there is
hostility towards me. I thought that the Highly Honorable Khedivate and the
Highly Honorable Military Intelligence Administration were aware of this
hostility as well as its purpose. It does not matter whether my belief is true
or not. The fact is that this is what I think. As to the confessions of the
Jews from my own religion, and the confessions of the Christians, I reject both
of their confessions. I have stated earlier regarding the testimony of Muallim Aslan as it appeared in
the investigation report on Thursday, Muharram 15, 1256
H. I have already replied to the statement given thirty days after the detention
by Murad, the servant of David Harari,
that his testimony is subject to a lapse of memory and a fear of severe
beating or torture. These reasons caused him to accuse me falsely. As I recall
in his first report he stated that he saw me with Murad
Farhi when he went to is house to warn him. He also
stated that he saw me the next day, which was Thursday, at
The Austrian Consul
sent a message to the Investigation Committee regarding Isaac Picciotto.
The reply to the
Consul from the Investigation Committee was as follows:
We have received
your message on the 16th of Murharram 1256 H. which
contained notification regarding the return of Isaac Picciotto to the
Consulate, in the company of Khawaja Yusuf Zananiri, carrying with
them a copy of the questions and answers. And your
acknowledgement regarding the arrival of our report to you regarding the
departure of Isaac Picciotto before he completed the investigation, for which
he was sent. In your report you stated that you sent Isaac Picciotto to
us to complete the investigation. And that you understand from the report that
the servant of Khawaja Isaac Picciotto, Yehya Biziti, has been arrested
and detained without your knowledge.
In
answering to that, we convey to you the following:
First. On the subject of a copy of
questions and answers, which you mentioned as arriving with Isaac Picciotto and
Yusuf Zananiri, we would
like to inform you that we did not sent them to your Excellency. Khawaja Zananiri took them
without your knowledge. Second. On the subject of Isaac Picciotto, he came
after an exchange of a number of questions and answers to him. We requested from
our Turkish Clerk to prepare a message which Bahri Bey, a member of the Investigation Committee, was trusted
to translate into the Arabic language. Suddenly, Isaac Picciotto created an
artificial act of disagreement with Bahri Bey and said to him: "Are you the decision maker or
the Pasha?" Then Bahri Bey
refused to write because Picciotto had insulted him in and inappropriate
manner. We were forced to delay our message to you until the tension and
emotions created by this incident had been cleared up. We then sent Picciotto
back to you. We do not know the reasons for Picciotto's argumentative behavior,
whether he was acting on his own or with your permission. We hope to receive a
response in this regard from you. Third. As to the arrest of Isaac Picciotto's servant and his detention
without your knowledge. We would like to remind you of the contents of
your message dated the 18th of Zul-Hijjah, 1255 H.
which was as follows:
"We authorize
you to bring every suspected person in the case of the slaying of the Priest,
Thomas Al-Capuci, and his servant from this date
forward, including those Jews who enjoy the protection of
Please be Informed
His Excellency, the
Governor General, went to the Jewish Quarter accompanied by Ali Afandi, Commander of the Cavalry Artillery Brigade, with
the Governor of Syria, Ali Agha Tofunkgy.
He also took with him some of his lower ranking officers, and Aslan Frhi and Murad Al-Fattal, the servant of David Harari. The last two
were separated from each other. Upon the arrival of His Excellency at Meyer Farhi's house, he first called Muallin
Aslan Farhi and questioned
him regarding the place. He confessed saying that: "When Murad, the servant, came and spoke with Meyer Farhi we were standing in front of the door of the house. One on each side of the door. After that we went inside the
house." His Excellency asked Aslan where the
servant had been slain, and how he was placed in the diwan
or the reception hall? Aslan
pointed to the divan where the slaying had been performed. He explained how the
servant of Priest Thomas was put down, flat on the floor, at the edge of the diwan; how he had been slain. He said that he (Aslan) was standing at the servant's feet, and held one of
the servant's feet when they slew him. After he completed his statements, the
Governor order him back to his detention place, and called the servant Murad Al-Fattal. His testimony was exactly as that which
had been given by Aslan. This was the same as their
previously recorded testimony.
Monday,
Muharram 20, 1256 H.
After the Governor
General, Sharif Pasha, completed his investigation he
directed that the following message be sent to Khawaja
Isaac Picciotto. It was as follows:
First. You have said that you
found in the court a deliberate hostility toward you. However, you did not
explain the type of these hostile actions, and you have not identified those
who took this stand against you. Therefore, now you must explain this because
the questions which I have directed to you contain the essence of this case.
Second. You say
that you have responded to Aslan Farhi's
confession and to his testimony against you, but your recorded answers do not
negate his testimony. Therefore, this is the reason to preserve and present his
testimony to be used at the appropriate time.
Third. You have said that the
report of the servant Murad Al-Fattal
was given thirty days after his detention, as a result of his beating and
torture; that the accusations he has directed against you are false. But the
truth is that he came to the court at the beginning of the investigation. He
was questioned about the nature of the task requested of him by his master
which was the calling of the Barber. He gave his testimony willingly without
any threat, imprisonment or torture. The contents of his testimony matched
exactly the testimony by the Barber. After this he was released. He was
recalled for the second time regarding where he went after informing the
Barber. It so happened that his master, Rofael Farhi, was also present at the Diwan
on some type of business not related to this case.
For
this then he denied his first confession which caused him to be flogged. We
then learned that his master looked at him with contempt, so for this he then
decided to deny his first testimony. He then re-confessed as to the truth of
his first testimony. He discerned a look of threat in the eyes of his master
which made him fear that his master might kill him in the alley, if he
confessed to the truth. He was again beaten for this reason. Since then he has
not been an object of disturbance of harm. You have further stated that his
confession was thirty days after the slaying. The reason for this delay was
because at the beginning of the trial I was concentrating my efforts in an
attempt to discover all the details of Priest Thomas' slaying. At that time it
was necessary to use the investigation process in the case of his servant's
slaying. After I had finished with Priest Thomas' case, I then undertook the
investigation of the servant's case. When Murad Al-Fattal was asked what he knew about his case he accused you
as you already know. You claim that there is a contradiction between what he
has said about Aslan's presence at the Harari's house in the company of others on the second day,
a day after the slaying of Priest Thomas, and to what Aslan
reported of this matter, and that he denied being at that meeting. I see that
they are both in agreement regarding the details of the servant's slaying at Meyer
Farhi's house, in which you participated with the
rest of the killers, because you held one of the servant's feet while Aslan held the other. The contradiction of Aslan's presence on the second day of the crime does not
negate their statement that you participated in the killing of the servant. If
you accept Aslan's testimony, you must also accept
all of it and not just what is suitable to you while refuting that which is not
in your best interest.
Fourth. You have
objected to the statement of the two witnesses, calling their statements false
and perjury. You yourself have established in your confession on Friday, 3rd of
Muharram, 1256 H., as to how you spent the time between Thursday
1 George Maqsoud
had earlier experienced a nervous breakdown; he did not recover his mental
faculty completely. It is not known if the confusion in his testimony was due
to lapse of memory or from bad faith.
caused me to cancel his two
testimonies, the first and the second. Since it has become clear from the
testimony of two trustworthy persons that you went to Maqsoud's
house at two o'clock at night, it appears from the testimonies of Aslan and Murad that the killing
of the Priest's servant took place between sunset and Isha,
and that you were among the killers, and that you participated with them in the
crime. Therefore, you insistence on your presence at Maqsoud's
house does not clear you from these accusations. You claim to have arrived at Maqsoud's house one hour before dark, and you have concluded
from this claim that the testimonies of Ghorrah and Boulad are false. Your reasoning for this is clear because
if you accepted their testimony you would incriminate yourself.
Thursday,
Muharram 23, 1256 H.
The Investigation
Committee called the accused Isaac Picciotto the Office of the Governor General
His Excellency Sharif Pasha, to give him the content
of the memorandum which was addressed to him earlier in response to his
behavior and the accusations against him.
Picciotto replied to
these accusations by stating, "I absolutely have no knowledge regarding
the details of the murder of Father Thomas and his servant. I have no knowledge
at all regarding the false accusations and perjury against me. You have
requested me to explain the source and type of false accusations against me and
the explanation is in the hands of my superiors. I also consider my reply to Aslan sufficient. My superiors are capable of judging the
truthfulness of this accusation or its falsehood. They also have the ability to
look into Murad Al-Fattal
accusations, as to their value, because these accusations came as a result of
torture. As to the contradictions between the testimonies of Aslan Farhi and Murad Al-Fattal regarding the
absence of Aslan on Thursday, the morning following
Father Thomas slaying, in spite of the servant's statement, His Excellency, the
Governor General has said that, "If I accept the testimony of Aslan Farhi, I must accept the
entire testimony." But those who forced Aslan to
accuse me forgot to match his testimony with the testimony of the servant, Murad Al-Fattal, in which these false statements and the
hostility against me was disclosed. It is up to my superiors who are capable
and insightful enough to expose the shameful plot arranged against me, in which
I have no relation to the case at all. The Governor General has also said that
he wishes to cancel George Maqsoud's testimony due to
the fact that when he came on Saturday to give his testimony he claimed that Fraih and Ayrauth forced him to
lie in his first testimony. After Magsoud gave his
testimony in the presence of the English Consul, about twenty days earlier, he
gave it as the truth. As to the statement of Fraih
and Ayrouth, it is of no concern to me. My superiors
are able to distinguish between the two testimonies. And if my presence at Maqsoud's house does not negate the accusation made against
me, the matter does not concern me very much. Because the truth is that on that
evening I was at Maqsoud's house an hour after dark,
and God is witness to this truth. As to the rest of the accusations, they are
all based an antagonistic collaborations against me and my superiors are not unaware of the proof of that. It
is not possible for the Austrian Government to allow one of their subjects (God
Forbid) to fall victim to antagonism and false accusations. As far as I am
concerned, I have no knowledge at all of that of which I am accused. All of it
is false and lies. I trust God to help me to uncover the truth."
The
Governor General replied: "I have limited my questions to the subject of
the slaying of Father Thomas' servant, and have not mentioned the case of
Father Thomas. You must respond to the murder of the servant. You claim that
all of those who have accused you have committed perjury. I answer you by
saying that, just to say this, without any support, is not sufficient to clear
you from the accusations against you. You must establish the facts which show
perjury. You also claim that the accusation against you by Aslan
Farhi is not of him, that it is the work of others,
those who pressured him to commit this perjury. We cannot accept this as it is
based only on your claims. You must name those who forced him so that I may be
able to take appropriate action against them." Isaac Picciotto replied:
"Your Excellency has said that your questions were limited to the case of
the slaying of Father Thomas' servant, and that you did not
mention Father Thomas. I answered according to what concerns both cases. My
reason for this is that Murad Al-Fattal
claimed in his testimony that I also knew of the murder of Father Thomas. Since
I am ignorant of the circumstances in both crimes, I have answered that I have
no knowledge of either case. Your Excellency also said that my statement that
the accusations are perjury is unsupported and not acceptable, that I must
verify what I reply to this by saying that I have already established detailed
information of how I spent my time between Wednesday
The
Governor General responded by saying, "When the servant of David Harari
insisted that you had knowledge of the murder of Father Thomas, you replied
that you. had no knowledge of his case or
of his servant's case. The servant has not accused you of Father
Thomas' murder. I have not asked you about it either, but have
limited my questions to the murder of Father Thomas's servant. And since you
have answered that you have no knowledge of the two cases, I am justified in my
conclusion that you intended to deny everything. As to the accusations directed
against you, you have mentioned how you spent the time between Wednesday
Isaac Picciotto
responded:
"Your
Excellency has said that you did not ask me about the slaying of Father Thomas,
and that no one had accused me of it, and that I want to clear myself of both
crimes, even though the servant of David Harari first accused me when he said
that he went on his master's order for something related to the slaying of
Father Thomas and he found me there. And that he found me there on the
following morning, Thursday, in his master's house. The first time in which I
was met with your Excellency was related to the slaying of Father Thomas. At
that time I told the truth when I said that I had no knowledge of this matter, and all accusations against me were simply false. I
was not present that evening at Murad Farhi's house, and I did not go to David Harari's house the next morning. Whatever other that this
which has been said is false; there is not a single word of truth to it. Your
Excellency also said that I was not able to give sufficient explanations
regarding the time spent between Wednesday
The Governor
General responded to these statements as follows: "Your answers to my
previous questions, especially those concerning the
slaying of Father Thomas, and your response on Friday the third of Muharram in
which you state that the accusation against you are
not sufficient evidence. You have also made observations and objections to the
investigation which I conducted on Sunday, Muharram 19, 1256 H. The
observations and objections are attached to the oral report. There is
sufficient evidence to convict you of the crime. I have called you to provide
answers to some of my observations so that you may hear some of the excuses and
evidence which you claim are proof that you are not guilty. After you have seen
my report, I shall send it to your superiors immediately. You have refused to
provide answers to these observations, and have given answers which you know to
be unrelated answers, that have no bearing on the case. I see it as my duty to
attempt to make you understand the seriousness of the evidence against
you."
At
this point the Governor General handed Picciotto the Report of the
Investigation, which had been conducted at the scene of the crime, so that he
could read it for himself. Picciotto's response was: "Your
Excellency says that the proofs are sufficient. It is not my prerogative, but
it is the prerogative of my superiors, to judge whether they are sufficient or
not. As far as the testimonies given by Aslan Farhi, and that of the servant Murad
Al-Fattal, they are all lies and perjury. I think that their testimony do not
apply to Austrian subjects. He who has the authority has the will too."1
Friday, Muharram 24, 1256 H.
The
questioning of Meyer Farhi who was not arrested until
the evening of Friday, Muharram 24, 1256 H followed the cross examination of
Picciotto.
The
Governor General: "Tell us, clearly, what happened in your house to the
servant of Father Thomas, Ibrahim Amarah.
This question is being addressed to you because it has been established by the
testimonies of Aslan Farhi
and Murad Al-Fattal who
were with you; their testimonies were identical. Now tell us the truth so that
you may save yourself the prospect of a beating."
Meyer
Farhi answered, "I have no knowledge of this
matter at all. All I know is that on Friday, I bought a bundle of pearls from
Francis Faroun. He told me about the disappearance of
Father Thomas and his servant. That is all I know about the case."
The
Governor General responded, "What would be your answer if we were to bring
Aslan Farhi and Murad Al-Fattal, the Harari's
servant, and they testify in your presence against you?" He answered by
replying, "I would say that they are crazy and have lost the
1 The uproar of this crime
spread all over
faculty of sound mind required for
thinking."
Then Murad Al-Fattal was brought in
and was informed of Meyer Farhi's denial. The
Governor General told him, "Meyer Farhi says
that you are crazy and a liar. What is your reply to him?"
Murad Al-Fattal
replied, "If the events had not occurred as I have explained, I would have
changed my testimony during the forty days I spent in jail. The one who is
crazy is the one who changes his testimony frequently. This is proof that I am
not crazy."
Murad Al-Fattal
then began by re-relating the details of the crime as they have developed, in
front of Meyer Farhi, until he reached the point when
he said, "My master sent me to the homes of Murad
Farhi, Aaron Islambouli,
and to your home. When I arrived at your house I saw you with Aslan Farhi. He was reclined
against the right post and you were against the left post." At this point
Meyer Farhi interrupted him by saying, "Where? On the door?" Murad
Al-Fattal replied, "Yes sir."
Meyer Farhi realized that his question indicates that Murad Al-Fattal was telling the
truth. Murad Al-Fattal
continued his detailed description of the crime as it had happened. When he
reached the subject of the blood he said that he picked up a vessel called Bousah in Hebrew. Afterward the blood was transferred to a
bottle. Meyer Farhi interrupted him by objecting,
"Perhaps you are one of those knowledgeable of the secrets of the
religion. If you know all of these matters, then perhaps nothing is hidden from
you."
The Governor
General then asked Meyer Farhi, "Who other than
you would be entrusted these kinds of religious secrets?" He answered,
"This man is not of the class to whom such secrets are trusted. He would
not know about the murder of Father Thomas and his servant."
After this Aslan Farhi was brought in and he
gave his testimony in the presence of Meyer Farhi who
reacted thusly, "The Judgment and the Divine Decree are in the hands of
those with Absolute Power. As for myself, I do not know anything about these
matters."
The Governor
General said, "I see that you have no respect for the statements of the servant
Murad Al-Fattal. You take them very lightly. If you
do not value his statements then respond to the testimony of Aslan Farhi, whose statement was
identical to that of Murad Al-Fattal, which you have just
heard." He responded, "I have no knowledge of all this, and I am
completely ignorant of it." The Governor General replied by saying,
"Let us assume that you did not murder Father Thomas' servant, and that
you do not know anything about the crime. Now, tell us where you were at the
time of sunset on Wednesday, and Friday." He replied, "Those are
Prayer Times. I was in the Synagogue."
The Governor
General then asked, "Who was/were nearby you in the Synagogue?" To
this he responded, "I do not remember."
The Governor
General persisted in his questioning, while all the time Meyer Farhi refused to answer. Finally he said. "If
you mentioned a person as being present and that person says that he was not
present, what would be the result?" The Governor General's reply to that
was, "Let us suppose, for the moment, that what Aslan
Farhi and Murad Al-Fattal have said are false, and that they have perjured themselves; and all of our investigation
is
based on false statements while you alone are telling the truth. The least you
can do is to tell us where you were at that hour, and who you were with. Is
that too much to ask of you?"
However,
Meyer Farhi still clung firmly to his first answers.
The Governor General resumed by stating. "If I were in your place, I would
certainly remembered the person who were praying with
me on Friday, even if two or three weeks had passed. Even if
it had not crossed my mind at the time that I would be asked about it later as
you are. How is it that you do not try to remember who was with you., in order to clear yourself of the accusations which
cast doubts and suspicions regarding your involvement in this crime. Were you
not aware that you would be asked about the crime? If what you say is true,
undoubtedly you would have remembered those persons. Since you do not,
therefore the accusation against you will be considered as true."
Meyer
Farhi answered, "I have said that I do not
remember even though Rofael Douk
and Moussa Abou Al-Afieh saw me at the Synagogue."
The response by the
Governor General to this was, "If I now call these two men and asked them,
and if they do not agree with that you have said, and if they declare frankly
tilt they did not go on that day to the Synagogue, how will you respond to
that?" Meyer Farhi said, "Probably they
have forgotten, or they did not pay attention regarding my presence."
The
Governor General continued, "On what side of the Synagogue were you at
that time? Were you on the east, west, north or south side of the
Synagogue?" He responded, "I do not remember where I was."
The
Investigator then called Rofael Douk
and asked him, "Is it your habit to attend the Synagogue every
evening?" Rofael Douk
answered, "I depends on my work. If I am late in
leaving my place of work I do not go. Also, I do not go if it is necessary for
me to go to my shop early which happens to me two or three times in a week."
The Governor General asked, "Were you at the Synagogue the evening of the
disappearance of Father Thomas?" He replied, "Due to a
death in the family Joseph Lifyado did not leave his
house that day. So I went to his home that evening to console him for the death
of his daughter. Due to the death I remember the sunset call to prayer as I was
in the Western Quarters at that time. When I arrived at Joseph's house I found Metta Kibreet and another person
from Rashayya with him. We said our prayers in his
home, under the balcony. I stayed with him until about the time for the Isha call to prayer I then returned to my house, drank
coffee, smoked Navgileh, and stayed home in order to
rest."
After
this, the Investigator called Rabbi Moussa Abou Al-Afieh who had converted
to Islam and had taken the Muslim name of Mohammad Afandi
Al-Muslimani for himself. The Investigator asked him, "Was it your habit to
go to the Synagogue every evening before you become a Muslim or did you pray at
home?"
Moussa Abou
Al-Afieh replied, "Usually I prayed at the
Synagogue which is as the Ifrange (French) Synagogue.
Sometimes I pray at home or at the
The Governor General then stated, "It had been
said of you that you were at the Synagogue on the day Father Thomas
disappeared." He responded, "I was not at the Synagogue
that evening. However, I was at the house of David Harari." He
replied, "Sunset, or a quarter of an hour after the sunset call to
prayer."
Meyer
Farhi was then brought in and asked how he would
reply to the statements of these witnesses. He answered, "I do not
remember the persons who were at the Synagogue." The Governor
General responded by asking, "How is it then that you have said that these
two men were at the Synagogue when they both testified that they did not go to
the Synagogue, nor did they see you there?" Farhi
answered, "I thought they went and that they saw me. That is why I
mentioned them. Perhaps they did not go. What should I say."
The Governor replied, "You claim that you are ignorant about this case,
and that you were not at home when it happened; now tell us where you
were?"
Meyer
Farhi answered, "I do not remember. I am unable to remember
from one day to the next."
Meyer
Farhi was detained for investigation. And on the
following day, which was Monday, Muharram 27, 1256 H., the Governor General
called him and requested his answer as to his whereabouts on the evening of
Father Thomas' servant disappearance. He continued to insist on his stand while
denying all knowledge of the crime. Yet he was unable to say where he was at
the time of the crime. At this point in the hearing of those who were denying
and those who had confessed, the Governor General, Sharif
Pasha found it sufficient for him to issue a memorandum for the indictment of
Isaac Picciotto. The investigation proceeded by calling others in the case.
The
Investigation Record of the 28th of Muharram, 1256 H. (from Wednesday to the
night of Thursday).
The
Investigator started by asking David Harari,
Q. Where were the Priest's watch and keys kept?
A. I saw Moussa Salayankli taking the
watch, but I do not know anything about the keys.
The Investigator
asked the Barber, Soliman Saloom
the same question, and his answer was, "Those who stripped the Priest of
his clothes were David Harari and his brothers;; the
rest were standing by. For myself, I did not come near until he was
undressed."
The Investigator
addressed David Harari as follows, "You and your brothers stripped the
Priest of his clothing according to the confession of the Barber, Soliman Saloom. Therefore, his
watch and keys must be with you."
David Harari
responded, "The seven men were standing by also. The watch is with the Salaniki."
The Investigation
Committee called Moussa Salaniki
to inquire of him, in the presence of David Harari, regarding the watch. David
Harari addressed Moussa by saying, "I saw the
watch with him (pointing toward Moussa)."
The
Investigator asked Moussa, "Do you have the
watch?"
Moussa Salaniki answered: «I didn't
see anything, and I didn't take anything, I have not entered Harari's house since the feast, I wasn't with them and I
have no idea about what they were saying».
David Harari said to him: «Aren't you who took the watch and blood?
Aren't you who gave the blood to Moussa abou-Al-Afia,
and the watch remained with you?
Moussa answered: «I did not see
anything, and I don't know anything..». Then it was
said to him: Master Moussa, there is a collection of
confessions against you, and you are one of those who took part in this
operation, they gave evidence against you, and you are still insisting on
denial. Just bring us two witnesses only to tell us where you have been when
the incident happened».
Moussa answered: «I was at
home, and my family testifies to my whereabouts; and I have got no other
witnesses.
The investigator said: «This is not enough». Moussa
answered: «I haven't got any one else».
Then the investigator directed his question to David Harari: «Did you
give him the watch, or he took it by himself»? David answered: «When Father
Thomas was undressed, Moussa stepped forward and took
the watch. But I did not see the keys with him, and may be they might have been
in his hands, but I didn't see them». The investigator asked: «You have
mentioned that the other seven were standing during the time when the Priest's
clothing were being removed. Did only you alone see
your brothers when they performed the work, or did the others give you a
helping hand in the removal of his clothes?»
David answered,
"We were all, the seven of us, working together in the removal of his
clothes. We took turns, some of us stood by while the others did the work, and
so forth."
The
Investigation Report of Thursday, the 29th
of Muharram, 1256 H.
Isaac Harari and
his brother David were brought for questioning. Isaac was asked about the watch
and where it was being kept. He responded, "It was with Moussa Salaniki."
The Investigator
said, "How was it being kept with Moussa Salaniki?"
He answered,
"He reached with his hand for the watch and took it."
The Investigator
then asked, "At what time did he take the watch?"
Isaac answered,
"After we completed removing the Priest's clothes."
Moussa Salaniki
was recalled and asked about the watch. He insisted on his previous position of
denial saying, "I did not see it." He was then told that "This
is David Harari, and his brother Isaac Harari. They have both testified that
you are the one who took the watch."
Moussa replied, "They are
lying." The Investigator said, "They swear by their own religion that
you took it."