Chapter 25

To-day I went up to Antwerp to bring back our old motor. Left a little before noon, after tidying up my desk, and took my two Spanish colleagues, San Esteban and Molina, along for company. I had the passes and away we went by way of Malines, arriving in time for a late lunch.

Antwerp is completely Germanised already. We heard hardly a word of French anywhere--even the hotel waiters speaking only hotel French. The crowd in the restaurant of the Webber was exclusively German, and there was not a word of French on the menu.

The Germans took over the garage where our car was left the day they came in, and there I discovered what was left of the old machine. The sentries on guard at the door reluctantly let us in, and the poor proprietor of the garage led us to the place where our car has stood since the fall of Antwerp. The soldiers have removed two of the tires, the lamps, cushions, extra wheels, speedometer, tail lights, tool box, and had smashed most of the other fixings they could not take off. In view of the fact that my return trip to Brussels at the time of the bombardment was for the purpose of bringing the plans of the city to the Germans, so that they would have knowledge of the location of the public monuments and could spare them, it seems rather rough that they should repay us by smashing our motor. I think we shall make some remarks to them to this effect to-morrow, and intimate that it is up to them to have the car repaired and returned to us in good shape.

The first group of Americans to work on the relief came into Belgium this month. They are, for the most part, Rhodes Scholars who were at Oxford, and responded instantly to Hoover's appeal. They are a picked crew, and have gone into the work with enthusiasm. And it takes a lot of enthusiasm to get through the sort of pioneer work they have to do. They have none of the thrill of the fellows who have gone into the flying corps or the ambulance service. They have ahead of them a long winter of motoring about the country in all sorts of weather, wrangling with millers and stevedores, checking cargoes and costs, keeping the peace between the Belgians and the German authorities, observing the rules of the game toward everybody concerned, and above all, keeping neutral. It is no small undertaking for a lot of youngsters hardly out of college, but so far they have done splendidly.

The one I see the most of is Edward Curtis, who sails back and forth to Holland as courier of the Commission. He was at Cambridge when the war broke out, and after working on Hoover's London Committee to help stranded Americans get home, he came on over here and fell to. He exudes silence and discretion, but does not miss any fun or any chance to advance the general cause. Of course it is taking the Germans some time to learn his system. He is absolutely square with them, and gets a certain amount of fun out of their determined efforts to find some sort of contraband on him. They can hardly conceive of his being honest, and think his seeming frankness is merely an unusually clever dodge to cover up his transgressions.

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_Brussels, December 21, 1914_.--Yesterday Brussels awoke from the calm in which it had been plunged for some time, when a couple of French aviators came sailing overhead and dropped six bombs on the railroad yards at Etterbeck. I was away at Antwerp and did not see it, but everybody else of the population of 700,000 Bruxellois did, and each one of them has given me a detailed account of it. The German forces did their level best to bring the bird men down with shrapnel, but they were flying high enough for safety. They seem to have hit their mark and torn up the switches, etc., in a very satisfactory way. For three or four days we have been hearing the big guns again, each day more distinctly; but we don't know what it means. The Germans explain it on the ground that they are testing guns.

Mr. and Mrs. Hoover arrived last night, bringing Frederick Palmer with them. We dined together at the Palace. They were full of news, both war and shop, and I sat and talked with them until after eleven, greatly to the prejudice of my work. Had to stay up and grind until nearly two.

Curtis, who came back last night, says that Jack was arrested at Antwerp on his way out, because he had Folkstone labels on his bags. It took him so long to explain away his suspicious belongings that he barely caught the last train from Rosendaal to Flushing. He seems to be destined to a certain amount of arrest now and then.

Hoover turned up at the Legation this morning at a little after nine, and he and the Minister and I talked steadily for three hours and a half.

Despite the roar of work at the Legation, I went off after lunch with Mrs. Whitlock and did some Xmas shopping--ordered some flowers and chocolates. Went out and dropped Mrs. Whitlock at Mrs. B----'s, to help decorate the tree she is going to have for the English children here. B---- is a prisoner at Ruhleben, and will probably be there indefinitely, but his wife is a trump. She had a cheery letter from him, saying that he and his companions in misery had organised a theatrical troupe, and were going soon to produce _The Importance of Being Earnest_.

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_Brussels, Christmas, 1914_--- This is the weirdest Christmas that ever was--with no one so much as thinking of saying "Merry Christmas." Everything is so completely overshadowed by the war, that had it not been for the children, we should have let it go unnoticed.

Yesterday evening there was a dinner at the Legation--Bicknell, Rose and James, the Hoovers and Frederick Palmer. Although there was a bunch of mistletoe over the table, it did not seem a bit Christmasy, but just an ordinary good dinner with much interesting talk.

Immediately after lunch we climbed into the big car and went out to Lewis Richards' Christmas tree. He has a big house at the edge of town, with grounds which were fairy-like in the heavy white frost. He had undertaken to look after 660 children, and he did it to the Queen's taste. They were brought in by their mothers in bunches of one hundred, and marched around the house, collecting things as they went. In one room each youngster was given a complete outfit of warm clothes. In another, some sort of a toy which he was allowed to choose. In another, a big bag of cakes and candies, and, finally, they were herded into the big dining-room, where they were filled with all sorts of Xmas food. There was a big tree in the hall, so that the children, in their triumphal progress, merely walked around the tree. Stevens had painted all the figures and the background of an exquisite _crèche_, with an electric light behind it, to make the stars shine. The children were speechless with happiness, and many of the mothers were crying as they came by.

Since the question of food for children became acute here, Richards has been supplying rations to the babies in his neighbourhood. The number has been steadily increasing, and for some time he has been feeding over two hundred youngsters a day. He has been very quiet about it, and hardly anyone has known what he was doing.

It is cheering to see a man who does so much to comfort others; not so much because he weighs the responsibility of his position and fortune, but because he has a great-hearted sympathy and instinctively reaches out to help those in distress. Otherwise the day was pretty black, but it did warm the cockles of my heart to find this simple American putting some real meaning into Christmas for these hundreds of wretched people. He also gave it a deeper meaning for the rest of us.

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_Brussels, December 31, 1914_--Here is the end of the vile old year. We could see it out with rejoicing, if there were any prospect of 1915 bringing us anything better. But it doesn't look very bright for Belgium.

THE CASE OF MISS EDITH CAVELL

_The extracts from this journal have been so voluminous as to preclude bringing the record much farther than the end of 1914. In the main the story of 1915-1916 is in the development of the Commission for Relief in Belgium and the new light shed each day upon German methods and mentality. It is a long story and could not be crowded between the covers of this volume. There is, however, one outstanding event in 1915--the case of Miss Edith Cavell--which is of such interest and so enlightening as to conditions in Belgium under German domination as to warrant its inclusion in this book. At the risk, therefore, of appearing disconnected it has been decided to publish as a final chapter an article in regard to the case of Miss Cavell which has already appeared in the "World's Work."_

On August 5, 1915, Miss Edith Cavell, an Englishwoman, directress of a large nursing home at Brussels, was quietly arrested by the German authorities and confined in the prison of St. Gilles on the charge that she had aided stragglers from the Allied armies to escape across the frontier from Belgium to Holland, furnishing them with money, clothing and information concerning the route to be followed. It was some time before news of Miss Cavell's arrest was received by the American Legation, which was entrusted with the protection of British interests in the occupied portion of Belgium. When the Minister at Brussels received a communication from the Ambassador at London transmitting a note from the Foreign Office stating that Miss Cavell was reported to have been arrested and asking that steps be taken to render her assistance, Mr. Whitlock immediately addressed a note to the German authorities asking whether there was any truth in the report of Miss Cavell's arrest and requesting authorisation for Maître Gaston de Leval, the legal counselor of the Legation, to consult with Miss Cavell and, if desirable, entrust some one with her defense.

No reply was received to this communication, and on September 10th the Legation addressed a further note to Baron von der Lancken, Chief of the Political Department, calling his attention to the matter and asking that he enable the Legation to take such steps as might be necessary for Miss Cavell's defense.

On September 12th a reply was received from Baron von der Lancken in which it was stated that Miss Cavell had been arrested on August 5th and was still in the military prison of St. Gilles. The note continued:

She has herself admitted that she concealed in her house French and English soldiers, as well as Belgians of military age, all desirous of proceeding to the front. She has also admitted having furnished these soldiers with the money necessary for their journey to France, and having facilitated their departure from Belgium by providing them with guides, who enabled them to cross the Dutch frontier secretly.

Miss Cavell's defense is in the hands of the advocate Braun, who, I may add, is already in touch with the competent German authorities.

In view of the fact that the Department of the Governor-General, as a matter of principle, does not allow accused persons to have any interviews whatever, I much regret my inability to procure for M. de Leval permission to visit Miss Cavell as long as she is in solitary confinement.

Under the provisions of international law the American Minister could take no action while the case was before the courts. It is an elementary rule that the forms of a trial must be gone through without interference from any source. If, when the sentence has been rendered, it appears that there has been a denial of justice, the case may be taken up diplomatically, with a view to securing real justice. Thus in the early stages of the case the American Minister was helpless to interfere. All that he could do while the case was before the courts was to watch the procedure carefully and be prepared with a full knowledge of the facts to see that a fair trial was granted.

Maître de Leval communicated with Mr. Braun, who said that he had been prevented from pleading before the court on behalf of Miss Cavell, but had asked his friend and colleague, Mr. Kirschen, to take up the case. Maître de Leval then communicated with Mr. Kirschen, and learned from him that lawyers defending prisoners before German military courts were not allowed to see their clients before the trial and were shown none of the documents of the prosecution. It was thus manifestly impossible to prepare any defense save in the presence of the court and during the progress of the trial. Maître de Leval, who from the beginning to the end of the case showed a most serious and chivalrous concern for the welfare of the accused, then told Mr. Kirschen that he would endeavour to be present at the trial in order to watch the case. Mr. Kirschen dissuaded him from attending the trial on the ground that it would only serve to harm Miss Cavell rather than help her; that the judges would resent the presence of a representative of the American Legation. Although it seems unbelievable that any man of judicial mind would resent the presence of another bent solely on watching the course of justice, Mr. Kirschen's advice was confirmed by other Belgian lawyers who had defended prisoners before the German military courts and spoke with the authority of experience. Mr. Kirschen promised, however, to keep Maître de Leval fully posted as to all the developments of the case and the facts brought out in the course of the trial.

The trial began on Thursday, October 7th, and ended the following day.

On Sunday afternoon the Legation learned from persons who had been present at the trial some of the facts.

It seems that Miss Cavell was prosecuted for having helped English and French soldiers, as well as Belgian young men, to cross the frontier into Holland in order that they might get over to England. She had made a signed statement admitting the truth of these charges and had further made public acknowledgment in court. She frankly admitted that not only had she helped the soldiers to cross the frontier but that some of them had written her from England thanking her for her assistance. This last admission made the case more serious for her because if it had been proven only that she had helped men to cross the frontier into Holland, she could have been sentenced only for a violation of the passport regulations, and not for the "crime" of assisting soldiers to reach a country at war with Germany.

Miss Cavell was tried under Paragraph 58 of the German Military Code, which says:

Any person who, with the intention of aiding the hostile Power or causing harm to German or allied troops, is guilty of one of the crimes of Paragraph 90 of the German Penal Code, will be sentenced to death for treason.

The "crime" referred to by Paragraph 90 was that of "conducting soldiers to the enemy" (viz.: _dem Feinde Mannschaften zuführt_).

It is manifest that this was a strained reading of the provisions of military law; that a false interpretation was wilfully put upon these provisions in order to secure a conviction. This law was obviously framed to cover the case of those who assist stragglers or lost soldiers to get back to their own lines and join their units. It is doubtful whether the framers of the military law had foreseen anything so indirect and unprecedented as that of helping soldiers cross into a neutral country in the hope that they might find their way back through two other countries to their own army. Miss Cavell assisted these soldiers to escape into a neutral country which was bound, if possible, to apprehend and intern them. If these soldiers succeeded in outwitting the Dutch authorities and making their way to England, their success would not, to any fair-minded person, increase the offense committed by Miss Cavell.

Miss Cavell's conduct before the court was marked by the greatest frankness and courage. She stated that she had assisted these men to escape into Holland because she thought that if she had not done so they would have been seized and shot by the Germans; that she felt that she had only done her duty in helping to save their lives.

The Military Prosecutor replied that while this argument might be made concerning English soldiers, it could not apply to Belgians, who were free to remain in the country without danger. The subsequent behaviour of the German authorities to the Belgian young men who remained in the country does not lend any considerable weight to the remarks of the Public Prosecutor.

In concluding his plea, the Public Prosecutor asked that the court pass the sentence of death upon Miss Cavell and eight other prisoners among the thirty-five brought to trial.

Upon ascertaining these facts Maître de Leval called at the Political Department and asked that, the trial having taken place, permission be granted him to see Miss Cavell in person, as there could be no further objection to consultation. Herr Conrad, an official of the Political Department, who received Maître de Leval, stated that he would make enquiry of the court and communicate with him later.

The foregoing are the developments up to Sunday night, October 10th. Subsequent developments are shown by the following extracts from a journal made at the time:

_Brussels, October 12, 1915_.--When I came in yesterday morning I found information which seemed to confirm previous reports that Miss Cavell's trial had been concluded on Saturday afternoon and that the prosecution had asked that the death sentence be imposed. Monsieur de Leval promptly called the Political Department over the telephone and talked to Conrad, repeating our previous requests that he be authorised to see Miss Cavell in prison. He also asked that Mr. Gahan, the English chaplain, be permitted to visit her. Conrad replied that it had been decided that Mr. Gahan could not see her, but that she could see any of the three Protestant clergymen (Germans) attached to the prison; that de Leval could not see her until the judgment was pronounced and signed. He said that as yet no sentence had been pronounced and that there would probably be a delay of a day or two before a decision was reached. He stated that even if the judgment of the court had been given, it would have no effect until it had been confirmed by the Governor, who was absent from Brussels and would not return for two or possibly three days. We asked Conrad to inform the Legation immediately upon the confirmation of the sentence in order that steps might be taken to secure a pardon if the judgment really proved to be one of capital punishment. Conrad said he had no information to the effect that the court had acceded to the request for the death sentence, but promised to keep us informed. I stood by the telephone and could overhear both de Leval and Conrad.

Despite the promise of the German authorities to keep us fully posted, we were nervous and apprehensive and remained at the Legation all day, making repeated enquiry by telephone to learn whether a decision had been reached. On each of these occasions the Political Department renewed the assurance that we would be informed as soon as there was any news. In order to be prepared for every eventuality, we drew up a petition for clemency addressed to the Governor-General, and a covering note addressed to Baron von der Lancken, in order that they might be presented without loss of time in case of urgent need.

A number of people had been arrested and tried for helping men to cross into Holland, but, so far as we know, the death sentence had never been inflicted. The usual thing was to give a sentence of imprisonment in Germany. The officials at the Political Department professed to be skeptical as to the reported intention of the court to inflict the death sentence, and led us to think that nothing of the sort need be apprehended.

None the less we were haunted by a feeling of impending horror that we could not shake off. I had planned to ride in the afternoon, but when my horse was brought around, I had it sent away and stayed near the telephone. Late in the afternoon de Leval succeeded in getting into communication with a lawyer interested in one of the accused. He said that the German Kommandantur had informed him that judgment would be passed the next morning, Tuesday. He was worried as to what was in store for the prisoners and said he feared the court would be very severe.

At 6.20 I had Topping (clerk of the Legation) telephone Conrad again. Once more we had the most definite assurances that nothing had happened and a somewhat weary renewal of the promise that we should have immediate information when sentence was pronounced.[11]

[Footnote 11: This was just one hour and twenty minutes after the sentence had actually been pronounced. There is no need for comment.]

At 8.30 I had just gone home when de Leval came for me in my car, saying that he had come to report that Miss Cavell was to be shot during the night. We could hardly credit this, but as our informant was so positive and insisted so earnestly, we set off to see what could be done.