The trial began on Wednesday, May 28, 1947, after a delay of two days due to Yaakov Weiss' illness. The judges were Colonel M.E. Fell (the President of the Court), Major D. Lee Hunter, and Captain I. Stewart. The accused sang the Zionist anthem
Hatikvah to the members of the court, whereupon the judges stood up to be later rebuked by the presiding judge for shaming the court. Haviv asked to read a declaration in response to the judge's question, but was told by the President of the Court that he was there to answer questions, not to recite declarations. When Haviv insisted, two policemen were ordered to bring him forward by force. Meanwhile, the accused disrupted the trial by not answering the judge's questions, asking their friends to answer for them, or alternatively got up from their places or pretended to doze off. When witnesses were called to testify, the defendants chatted among themselves and exchanged jokes. In isolated incidents the defendants referred to the events preceding their trial. Avshalom got up and asked one of the witnesses, a British soldier who was present during his detention: "Can you explain to me precisely what you meant when you said to me 'gas chambers are a game compared to what is expected for you in Israel'?" When they weren't answering questions, the defendants continued to talk amongst themselves and to draw caricatures of members of the court. The trial lasted 14 days and 35 witnesses were called before the time came for the defense to present its case. The defendants, who originally opposed the authority of the court to judge them, also opposed defense proceedings. Despite this each defendant prepared a long affidavit with statements opposing tyrannical British rule, which were delivered on June 10, 1947. In his affidavit, Haviv equated the
Irish War of Independence and
American Revolution to the Jewish underground struggle: He finished his speech with these words: On June 16 the court convened at 11:10. Lieutenant Colonel Norman, vice commander of the British forces in Palestine also attended the proceedings. The lawyers entered 15 minutes late and complained to the presiding judge about being subjected to a security check. This was part of the enormous ring of protection surrounding the court. The check even extended to cigarette cases, matches, and fountain pens. In unison, the indicted parties sat bound and sang songs from the
Betar Revisionist Zionist youth movement, which were translated for the many foreign journalists in attendance. The defendants entered the hall under heavy guard with chains on their hands and legs. It was reported that Haviv refused to raise his legs for the manacles to be put on and in a loud voice answered the British jailer "If the British mandate wants to put handcuffs on me, may it submit!" The shackles were only removed shortly before the assembly of the panel of the court. The accused reassured their families "We will yet laugh at them, and if not us, others will laugh." The presiding judge declared that all accused had been found guilty of discharging a firearm and illegally possessing explosives. At the request of the judges, lawyers brought forward documents concerning the ages of Michaelov and Nachman Zitterbaum. Consultation over the verdict lasted for nearly two hours during which time observers and journalists were transferred by the police to a grated porch under the sun. The resentment of the journalists over this "confinement" didn't help. After two hours, the presiding judge entered the hall wearing a red hat, a sign that the verdict was death. He informed the condemned that they were sentenced to "hanging until their spirit departs". Amnon Michaelov and Nachman Zitterbaum were sentenced to imprisonment "until the commissioner chooses to free them" due to their youth. When they heard the verdict, the accused started singing, with the crowd in the hall joining them in a rendition of "
Hatikvah". Immediately afterwards, the entire crowd was put onto the barred porch for three quarters of an hour until the jury left. It was reported that the crowd were told anyone trying to leave would "be shot where they stood". The condemned parties were loaded into an armored vehicle that then made its way to the
Acre Prison. Haviv's mother exercised self-control when the verdict was declared and remained silent throughout. According to the newspaper
Davar, which carried out investigations in Haviv's household, his family had held on to the hope that he would be saved through a visit by the
UN council. Haviv sent a message to his family: "We are ready to sabotage, the question is how ready are you for it?" On the 29th of
Tammuz, anniversary of the release of Irgun leader
Ze'ev Jabotinsky, Haviv and the two other condemned men were promoted from group leader (
rosh kvutza) to sergeant (
samal). The Irgun approached the UN council and asked them to annul the death sentence. This was in light of the UN calling on all sides to refrain from violence during the investigation, and also based on a similar event that had occurred in
Greece along with the fact that no one from the security forces lost their life in the attack on the Acre Prison – the only victims were underground fighters. During the UN council investigation, support developed for intervention in the affair, but after the matter was brought to the chairman of the council and after stormy deliberations behind closed doors, it was decided on June 23 not to adopt a position contrary to the decision of the British mandate. A hostile government request for a conference concerning the three convicts worsened relations between the parties, and shortened the duration of the UN Council's stay.
David Ben-Gurion,
Chaim Weizmann, and the chief rabbis, all pleaded with the chief commissioner for amnesty. Many other bodies joined in the call for amnesty, including the council of the
Sephardic union, the council of
Ramat Gan, American students, and even the
New York Post and
Czech newspapers. The convicted men passed their time in the chamber studying and reciting
Psalms. When the prisoners' rabbi
Aryeh Levin visited them they received him happily and asked him to report that they were in strong condition. On July 8 at 01:00 the army commander confirmed the verdicts. In due course the Irgun would
capture two British sergeants and guarantee that if the death sentence went ahead, they would hang the sergeants as "
an eye for an eye". == Ascending the gallows ==