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et.
▪
Purely
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EmE aprorsaisnsIn;/ ulg
A proaches
Literary Conflicts:
ommentary
'Tears and Laughter in an Israel Courtroom'
Shneor Z. Cheshin, Assistant Chief Justice of the Supreme
c,t
Court of Israel, is one of our favorites among the distinguished
Israeli leaders. He is a man steeped in learning. He is an
ti authority on international law. He is an excellent speaker, and
when he was in Detroit about two years ago he won the hearts
-g of large audiences—composed mostly' of Christians—at Wayne
" State University, the University of De- F
troit and the University of Michigan.
I On top of all that, he possesses a
E4 fine sense of humor and is an able
•
writer.
He has fused the latter two quali-
ties in his Hebrew books on humor
•
En in the courtroom, and the English-
speaking Jewish communities now are
w benefiting from the English transla-
.,
tion of his collection of charming
stories. In the one-volume "Tears and
▪
Laughter in an Israel .4Courtroom",
•
5-, translated from the three-vblume He:
brew works by Channah Kleinerman,
•
W just published by the Jewish Publi-
cation Society of America, he per-
forms a two-fold service: he not only
•
Justice Cheshin
places on record the entertaining
stories he had heard in the courtroom during his many years
as judge—under the British Mandatory Government of Palestine
and in the past 11 years in the Israel Supreme Court—but also
defines Jewish traditional as well as Levantine law.
Thus, this is a genuine textbook for lawyers. It is a
volume replete with information about Jewish and general
legalistic terms and practices.
A graduate of New York University, Justice Cheshin, who
has lived in Jerusalem for more than 20 years, knows American
legal procedures as well as English law and the Hebrew tradi-
tions. He is a master of English and could have done the
English condensation of his work himself. His judicial duties
undoubtedly prevented him from taking time out to compress
a classic three-volume work into a single English book. The
translator performed a commendable task, except for some
minor shortcomings.
It will be interesting to know whether book reviewers,
who are so quick at lending notoriety to many vulgar novels
—some of which are by Jewish writers who malign their
own people—will have the vision to select this book for
review. Here is an instructive work that, at the same time,
relates so many humorous tales that a description of its
contents will most assuredly keep the audience in stitches.
"Tears and Laughter in an Israel Courtroom" can create a
veritable heyday for book reviewers.
ourtroom jests are told to illustrate the attitudes, re-
(C
actions and sentiments of the men and women who became
involved in various issues' that faced the Author-Justice. Ex-
plaining the curiosity of people when they are witnesses to an
accident and the attendant difficulty to secure testimony,
Justice Cheshin relates this story:
A jilted lover fell upon his girl friend and beat her on
a busy street. A young fellow who was standing by refused
to admit that he had seen the beating. The angry prosecutor
thundered at him:
"Were you on the street at the time?"
"Yes."
"Did you seethe girl?"
"Yes."
"Did you see the man?"
"Yes."
"Did you see him hit her?"
"No."
"What did you do—close your eyes?"
"No—but I turned my head the other way."
"Why did you do that?"
"Because I immediately saw az es shmekt mit eydus zogn."
At this point, Justice Cheshin offers this interesting ex-
planation:
"This Yiddish phrase (`Because I saw at once that the whole
affair smelled of the courtroom') epitomizes a general reluc-
tance that has several bases: the many hours of waiting for
one's turn which result in loss of working hours as well as
physical and emotional discomfort; the deeply ingrained feeling
against becoming the cause of punishment or imprisonment for
a fellow man. But there is also a sizable minority who avoid
coming to court for another reason: the requirement of taking
an oath."
(Your commentator would have translated the Yiddish
phrase as "smelled of courtroom testimony." This, he believes,
is one of the minor errors in the book's translation. But we
recognize that a Yiddish story often loses some of its flavor in
translation.)
Justice Cheshin's essays on oath-taking are scholarly
contributions towards an understanding of vital ethical rules
of Jewish law and conduct.
By Philip
Slomovitz
have
"principles" which motivate the actions of Jews who
begging, there are
appeared before him. In the matter of
especially enlightening chapters—filled with pathos, humor
and splendid portrayals of the characters involved.
There is a remarkably fine description of the effects of
the language question upon the Israelis. He tells of one instance
which called for translators in several languages because of
the multi - lingual status of the new Israel. He tells, in detail,
of an episode which resulted in the following:
"The charge was read first in Hebrew, then translated
into Arabic, from Arabic into Ladino and finally into Buk-
harian. The accused made her replies in Bukharian; these
were translated into Ladino. then into Arabic and finally
back to Hebrew."
"Life in all its nakedness is seen in the mirror of the
courtroom, where we may trace the patterns of Jewish folk-
ways to whose description I have dedicated these pages,"
Justice Cheshin comments.
This reviewer has merely scratched the surface with these
comments on "Tears and Laughter in an Israel Courtroom."
Justice Cheshin's references to the Bet Din versus the secular
civil courts are the subject of the editorial in this issue. In its
totality, the able justice's book is one of the gems of modern
Jewish literature.
The Late Paul Tobenkin
Two Jewish reporters. Paul Tobenkin and Irving ( Pat)
Spiegel, of the New York Herald Tribune and the New York
Times, literally have been among the - fixtures" at national
Jewish gatherings, at important conventions and at symposia
conducted by Jews. Their by-lines in their newspapers were
linked for the last 15 years or more with every important
occurrence in Jewish life.
Last week, Paul Tobenkin of the Herald Tribune was called
away from us, having suffered a fatal heart attack.
He was one of our favorites in the Fourth Estate. His
background was one of Jewish culture and learning: his father,
Elias Tobenkin, who survives him, is an eminent Zionist.
author, lecturer and sociologist.
We shall miss Paul Tobenkin at future national Jewish
gatherings which it may be our privilege to attend in profes-
sional and communal capacities.
Miss Robinson
to Leave Central;
Is Ford Principal
An increased scholarship pro-
gram, accelerated classes and a
strengthened student council
marked the 7-year administra-
tion of Bertha M. Robinson,
principal of Central High School
who will become new principal
of Ford High School in the fall.
Miss Robinson, a native De-
troiter, born and educated here,
will replace retiring Ford prin-
cipal William A. Merritt.
Since 1952, when she was pro-
moted from assistant to prin-
cipal, bliss Robinson has seen
the scholar-
ship program
increase from
five to 50
awards yearly.
A cc e 1 e ra t ed
classes were
set up to en-
courage high
standards f o r
college
ratory s t u d-
miss Robinson ents. Such
courses as Russian, creative
writing, great books and nuc-
lear physics were introduced.
Central's centennial was cel-
ebrated last year with a ban-
quet reunion at Masonic Tem-
ple and a pageant. ''Historically
Speaking" at Rackham Audito-
rium. Speakers and participants
included a number of famous
alumni, now scattered through-
out the country.
Miss Robinson. who received
her bachelor's and master's de-
grees from the University of
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•
Michigan, taught at Durfee In-
termediate from 1945 to 1950.
The Defeat of Lewis L. Strauss
She was then promoted to Cen-
A sad issue came to an end last week with the refusal of tral assistant principal.
the United States Senate to confirm President Eisenhower's
Of the Ford High School com-
nomination of Lewis Lichtenstein Strauss as his Secretary of munity, Miss Robinson said.
Commerce.
"After teaching at a century-old
The nominee's Jewishness was dragged into the debate. school like Central, it
will be
We were among those who rejected the charge of anti-Semitism a new experience starting in a
that was dragged in during the debate over Strauss' qualifica- young community with new
tions. Also, it is doubtful whether it was so strictly a party issue. ideas and perspectives."
The charges against Strauss were that he had failed to
With a number one priority
cooperate with Congress and that he had dealt arrogantly with in the high school building pro-
Senators who had questioned him on governmental issues.
gram, Ford is to acquire a S4.-
We regret the incident. We believe that Strauss is a very 000,000 completion unit. "I'll
able man who had rendered invaluable service to our country. be watching them build from
But we refuse to question the sincerity of the Senators who the bottom up," she said.
turned down his nomination. Among them were men of stature
and of character who would never permit racial or religious
questions to influence their actions. If it was the nominee's
arrogance—as was charged—that played a major role in the
Senate's decision. that we regret all the more, since that is so
foreign to Jewish ethical teachings.
Many commentators have accused Strauss of lacking in
BY DAVID SCHWARTZ
humility. While he is a very able administrator. Strauss appar-
(CoPYrilrbt. , 1359, ITA, far.)
ently is unable to make friends. That certainly did not help him
Ogden Reid's confirmation as
in his fight wth the majority in the U.S. Senate.
Michigan's Junior Senator. Philip A. Hart, found it neces- American Ambassador to Israel
sary to issue a long statement explaining his vote against Strauss. recalls the first man named by
He pointed to the charges that Strauss made "misleading and the U.S. government as its rep-
confusing" statements to Senators and that he was not frank in resentative in Jerusalem.
He was Warder Cresson. and
his replies to queries. Senator Hart said he was convinced that
if Strauss "was not prepared to give sincere and complete he was named Consul to Jeru-
answers in dealing with Congress. there would result a lack of , salem just about the time tOat
confidence in him and his Department. and the delicate balance Ogden Reid's grandfather
Whitelaw Reid, was beginning
of executive-legislative relationships would be weakened."
Senator Wayne Morse of Oregon. in a communication to to think of becoming a news-
your commentator in which he touched upon our report on the paperman. It was in 1844 that
Strauss issue from Washington. states:
the President named Cresson
"I do not agree with your statement, 'But in the effort to
tb the Jerusalem position. It
demolish the canard, even so staunch a liberal as Senator was just about that time that
Morse seems to have gone off on a tangent.' I think it was very Greeley launched the New York
relevant and very important that I discuss the anti-Semitism
Tribune, of which Whitelaw
issue which has been raised in the Strauss debate and that I Reid later became the pub-
quote the contents of my letter to Mr. Postal. In fact, I have
lisher.
received a great deal of mail from Jewish leaders in the
Warder Cresson was a
country who have thanked me for pointing out that there is Quaker, but became interested
too great a tendency on the part of too many Jews to take in Judaism and in the restora-
refuge in the suspicion that when any criticism is made • of
tion of the Jewish State, and
Jewish candidate or Jewish nominee, : it may be based upon a obtained his appointment as
"Thou shalt not take the name of the Lord thy God in vain"
is the commandment frequently quoted by Jews who refused to
anti-Semitism.
take oaths in courtrooms. Justice Cheshin relates an incident
"If we had more people in Ainerica with your objectivity,
that involved a defendant's taking an oath, but before he had
we would have less cause to be concerned about intolerance."
placed his hand on the Bible the plaintiff, "trembling with
We are flattered by the latter sentence and
also by Senator
excitement; his face ashen," called out:
Morse's acceptance of our report as sufficiently important
to be
"Your. Honor, a Jew is about to take a false oath, may
inserted in the Congressional Record. Yet, this
God forgive us! I withdraw my complaint. I forgive him
holds to the view that there is exaggeration in the commentator
impression
everything. I will not, God forbid, be the cause of another
held by many people that the rejection of a Jewish candidate is
Jew's swearing to a falsehood!"
linked at once to anti-Semitism. The acceptance with
In enlightening fashion, Justice Cheshin explains the making by most Jews of the Senate's action against Strauss rationality
(it would
of wills, the tradition of ethical wills among Jews, libels and have been utterly stupid to suspect Senators Hart and McNamara
slanders, the problems of delinquencies and suicides and a score of Michigan, Senator Morse, and their liberal colleagues of
of other legal issues as they relate to our traditions.
prejudice) proves the correctness of our contention.
He avoids discussing, or mentioning, with a few exceptions,
But this is beside the point. The fact that an attempt to
the sentences imposed and the judges' rulings.. He concerns introduce the Jewish issue irrelevantly in the Strauss
matter, and
himself with the issues that face the Israeli judge, with the to compare it ridiculously to the Dreyfus Affair, is an indication
sentiments of the people, with the emotional and psychological that all Americans, Christians and Jews alike, are able to think
reactions.
and act rationally, without resort to racial and religious
preju-
'Of major interest is Justice Cheshin's evaluation of
dices.
Predecessors
of Ogden Reid
Consul to Jerusalem to help him
work toward a Zion restored.
Thus the appointment might be
construed as a recognition of
Israel just about 100 years
before it actually came into
existence.
Israel has been fortunate in
its American diplomats. All of
them from Cresson on have
given "above and beyond the
call of duty." Dr. James G.
McDonald, the first American
Ambassador to Israel, has been
a warm friend of Israel from
the beginning, and his succes-
sors have all left very fond
memories behind in the Jewish
State.