Part 2

It requires to be accentuated that Miss Cavell, apart from her profession, was a well-read woman. She knew more than a little of modern German philosophy, and had come to believe that the triumph of Prussianism would result in the collapse of Christianity. Once, when she was expressing some such view, a friend inquired whether it was prudent. 'Prudent?' she exclaimed, with reproach in her eyes. 'In times like these, when terror makes might seem right, there is a higher duty than prudence.' And as she was a woman who would not count the cost of clinging to her standards, she was little likely to hide her opinions when confronted by the enemy.

It is a prime feature of English justice that the veriest felon need not incriminate himself; nay, he is specifically warned that any statement he makes may be used as evidence against him. Practically he is reminded of the old legal axiom that a man who is his own lawyer has a fool for a client, with the consequent advisability to bridle his tongue against any unwise admission. The conception of German justice in Brussels was the converse, and the accusers of the Red Cross representative of a hated race deliberately laid snares for the extortion of the evidence they required.

The course of procedure was terribly reminiscent of the methods of the old Spanish Inquisition. True, Miss Cavell was not subjected to actual physical torture, but the mental strain was calculated to break down anything in the nature of obstinacy. With diabolical cunning she was cut off from communication with the world outside the jail as completely as if she were dead, lest any whisper of warning to guard her tongue might reach her from outside; and often she had to face interrogation by brutal and implacable enemies, who sought not to do her justice, but only to assure her condemnation.

It is a comfort to believe that Miss Cavell's keen perception and her knowledge of German unscrupulousness enabled her to realize the inevitable end that awaited her, thus saving her from carking speculation that might have unhinged her reason. With Christian fortitude she grasped the inestimable boon of resignation, fully assured that 'death is the liberator of him whom freedom cannot release, and the comforter of him whom time cannot console.'

Really the secrecy of her arrest and imprisonment and the precautions taken for her utter isolation were scarcely worth the trouble the crafty conspirators had taken, for Nurse Cavell took up a simple and heroic position that greatly simplified matters from the German standpoint. She was not an inexperienced girl, she was a noble woman of clever intellect, and had never been in doubt of the penalty she might incur by succouring compatriots and friends in distress in defiance of the German military code.

Inspired in her perilous work by the dictates of purest humanity, which has been the glory of women of all nations in all ages, she boldly avowed to her accusers that she had nothing to conceal. The last thing to have entered her mind would have been to attempt to mitigate her offence by lying; she would not even palter with disingenuousness. Not only did she admit the charges against her, but she related incidents about which her inquisitors had but the most fragmentary particulars, or even only flimsy suspicions. She did not hesitate to supply dates and details for which the spies had sought in vain.

It is impossible to tell when Miss Cavell first became aware that a considerable number of her friends were under arrest. In any case during her long incarceration in prison and the numerous interrogations she had to undergo in order to elicit the admissions to construct the case against her, she scrupulously avoided the implication of other persons. No brutality, no wheedling, no bribe, could ever have made that brave soul disloyal by word or deed to any of her associates.

IV

SPINNING THE TOILS

The Germans have asserted that Edith Cavell's arrest, trial, and punishment were necessary as a warning, especially to others of her sex, that enterprises conducing to the disadvantage of their army were punishable with death. It is sufficient commentary upon this claim to remember that Baron von Bissing caused the English nurse to be arrested in secret and tried _in camera_, when publicity was a prime necessity if her case was to act as a warning to others.

The arrest took place on August 5, but the fact was carefully concealed--and the significant reason is not far to seek. Germany had agreed that all British civil subjects in Belgium, so long as the German army occupied the country, were under the protection of the United States Minister. Baron von Bissing's paramount duty was to notify Miss Cavell's arrest without delay to Mr. Brand Whitlock, the American Minister in Brussels.

This obviously honourable course found no place in von Bissing's villanous scheme of vengeance. If he could avoid it, he had no intention of allowing his English prisoner the benefit of neutral protection. But news of the arrest did in due course reach the American Legation, and Mr. Whitlock at once commenced to make inquiries, in which he was assisted by Mr. Hugh Gibson, his secretary, and Maitre G. de Leval, a Belgian advocate and legal adviser to the Legation.

On August 31 Mr. Whitlock wrote to Baron von der Lancken, the German Political Minister in Brussels, asking whether it was true that Miss Edith Cavell had been arrested. If so, the reasons for the arrest were requested, and the German judicial authorities were asked to allow M. de Leval to interview the prisoner and make arrangements for her defence.

Baron von der Lancken having vouchsafed no answer to the American Minister, Mr. Whitlock reiterated his request on September 10, which elicited a reply that was delivered on the 21st. It was ominously suggestive that the Baron had dated his letter September 12, obviously a crafty subterfuge to palliate the delay, which was all part and parcel of a treacherous intention to deceive those who had the temerity to desire that justice be done to Nurse Cavell.

The Baron's letter stated that the accused admitted that she had facilitated the departure from Belgium of British, French, and Belgians of military age. Her defence was in the hands of Advocate Braun, who was in touch with the competent German authorities. The missive ended with the statement that for M. de Leval to be permitted to visit Miss Cavell, so long as she was in solitary confinement, would be contrary to the principles of the Department of the Governor-General.

Promptly the American Legation wrote to M. Braun, requesting him to attend at the Legation in order that he might afford details of the accusation made against his client, and further to consort arrangements for her defence.

Although time was now pressing, seven weeks having elapsed since the arrest, Braun wasted several more days before he put in an appearance at the Legation, which certainly indicated no energetic interest in the unfortunate prisoner. This casual attitude became understandable as by degrees the German plot disclosed itself. It was amazing with what a web of deception the Department of the Governor-General considered it necessary to weave about one poor weak woman, evasions, chicanery, and callousness summing up a cold-blooded villany of purpose without parallel in the annals of any nation subscribing to the most elementary principles of humanity, leaving justice altogether out of the question.

Braun's next tardy step was to inform the American Legation that 'owing to unforeseen circumstances' he was unable to act further on behalf of Miss Cavell, whose personal friends had besought his assistance; but he had arranged for M. Sadi Kirschen, another Belgian lawyer, to defend the prisoner.

There was thus a fresh delay while M. de Leval got into communication with Kirschen, a meeting with whom provided but very cold comfort. The legal adviser to the American Legation was astounded to learn that the prisoner's new advocate was ignorant of the details of the charges against her; for the German military code did not permit him to see his client before the trial, and he was not allowed to inspect any documents in connexion with the case.

When M. de Leval announced that he himself would attend the trial, Kirschen strongly deprecated any such course. He asserted that the judges would not approve of the presence of a neutral spectator, and they might show their annoyance by delivering a judgement more severe than otherwise would be the case. M. de Leval, not desiring to prejudice the prisoner in any way, did not persist in his intention to be present at the trial. He had to rely upon Kirschen's statement that the tribunal would act with fairness, and that a miscarriage of justice was a very remote possibility. Kirschen further explained that these trials of suspects generally developed so slowly that, as the charges against Miss Cavell were disclosed, he would be able to elaborate the best possible defence.

In view of later events it is evident that Kirschen was but a cog in the wheel of German 'rightfulness'; but at the time there was nothing in his demeanour or his expressions of opinion to cause one to suspect his genuineness. But it goes without saying that if M. de Leval had evinced the utmost determination to attend the trial, the Department of the Governor-General would have found means to prevent the presence of an unbiased spectator of their clandestine and insincere method of 'justice.'

V

THE SECRET TRIAL

The trial of Edith Cavell took place behind an almost impenetrable veil of secrecy. A fortnight after the execution of the victim certain German newspapers printed an account that was mainly a brief for the prosecution, while the accused were put in as unfavourable a light as possible. Fortunately an eye-witness afterwards afforded M. de Leval additional details, by which we are enabled to picture the scene with tolerable certainty; and surely never since Joan of Arc faced the corrupt Bishop of Beauvais has the light of heaven looked down on a more merciless and brutal caricature of law and justice.

The secret court-martial was held in the Brussels Senate House, where thirty-five persons were charged with similar offences. The judges' names were not made public. Of the accused, the principal were Edith Cavell and Princess Marie de Croy, the Comtesse de Belleville and Mademoiselle Thulier, and M. Philippe Bancq. Prince Reginald de Croy did not stand his trial, for the simple reason that the Germans had been unable to lay hands on him. Armed guards had escorted the prisoners to the court, where soldiers with fixed bayonets stood between them.

The court-martial was not likely to be a long and tedious affair, for the prisoners had been questioned and cross-examined _ad nauseam_ long before this final stage, and in most cases the accused had signed depositions admitting their guilt.

The outstanding figure among the prisoners was Miss Cavell, the typical Red Cross nurse, whom sick soldiers love and reverence, whose incomparable devotion to duty places her in the forefront of the world's womanhood. She appeared in the uniform in which she had been arrested: the white cap covering the back of the head; the stiff collar around the neck; starched bow beneath the chin; and on her arm the Red Cross, the badge of her merciful mission.

Even in a British court of justice perfectly innocent people are overawed by their surroundings, causing them to be self-conscious, nervous, and distracted at a time when cool collectedness should be the first line of their defence. But Miss Cavell knew that she was arraigned before unjust judges, who lacked the virtues of charity, sincerity, humanity, and probity, without which the exercise of judgement is a mockery and a sham.

Her clear and expressive eyes looked out of a countenance that two months of close confinement had made deathly white. She was of the stuff of which martyrs are made. For what amounted to no more than a series of acts of womanly compassion she had become the sport of dire misfortune; but 'misfortune is never mournful to the soul that accepts it; for such do always see that every cloud is an angel's face.' Edith Cavell fearlessly looked about the court, viewing with evident curiosity the row of malevolent-looking officers in gorgeous uniforms, who occupied the judges' bench under the black Prussian eagle that is now the emblem of a nation's degradation. Occasionally her delicate features were illumined with a commiserating smile to encourage those who shared her own imminent peril.

The case for the prosecution was that the accused were the principals in an organization that assisted British, French, and Belgian soldiers to escape from Belgium. It was alleged that fugitives were first smuggled into Brussels, where they were hidden either in a convent or in Miss Cavell's hospital. Later, as opportunity offered, they were disguised and conducted in tram-cars out of the city, and handed over to guides who led the way by devious routes to the Dutch frontier.

When Miss Cavell was called upon to plead, she mastered her physical weakness, and serenely faced her accusers. In gentle accents she asserted that to the best of her belief she had but served her country, and, so far as that was wrong, she was ready to take the blame. Calmly she contemplated her end; cheerfully she was willing to be the scapegoat, in the hope that some at least of her friends might escape the dread punishment that she perceived would be her fate.

She was interrogated in German, which an interpreter translated into French, with which tongue she was perfectly familiar. She spoke without trembling, and exhibited a clear and acute mind. Often she added some greater precision to her previous depositions. Her answers were always direct and unhesitating. When the Military Prosecutor inquired why she had helped soldiers to go to England, the reply came promptly: 'If I had not done so they would have been shot. I thought I was only doing my duty in saving their lives.'

'That may be true so far as British soldiers were concerned,' agreed the interlocutor, 'but it did not apply to young Belgians. Why did you help them to cross the frontier, when they would have been perfectly free and safe in staying here?'

Miss Cavell treated this question with the silent contempt it deserved. She knew only too well what freedom and safety had been accorded to many Belgians of military age who had been found in their own desecrated fatherland.

She not only admitted that she had assisted refugees to escape, but she acknowledged that she had received letters of thanks from those who had reached England in safety. This was a vital admission. German evidence alone could have charged her with an 'attempt' to commit the crime, but the letters of thanks conclusively proved that she had 'committed' the offence.

Among the other prisoners, M. Philippe Bancq was equally fearless. Without a quaver he admitted that he had assisted young Belgians to escape and rejoin their army. 'As a good Belgian patriot,' said he, 'I am ready to lay down my life for my country.'

The Military Prosecutor demanded that the death penalty be passed upon Nurse Cavell and eight other prisoners. Whether the Englishwoman's compassionate conduct that was her offence and her heroic bearing under trial made an impression on her judges, one cannot tell. Their apparent disagreement may only have been a theatrical adjunct to the tragedy which Baron von Bissing had staged with consummate care. It may have been that they lacked the moral courage to pronounce sentence in her presence. In any case, judgement was postponed. In an ordinary trial this respite would have given play to hope, the miserable man's god, which keeps the soul from sinking in despair.

But hope could neither flatter nor deceive Edith Cavell as she was led back under escort to her cell to wait--to wait for the assured condemnation that her eyes of courage must have perceived at the end of the cul-de-sac of German infamy.

VI

THE FIGHT FOR A LIFE

The trial had occupied two days, and had ended on Friday, October 8. M. Kirschen had promised to keep M. de Leval informed how the matter was proceeding. He duly notified the date of the trial; but in thorough keeping with what had gone before, during the two days' progress of the inquiry he made no sign. He did not disclose that the Military Prosecutor had asked for the death penalty; he maintained silence even when the sentence was promulgated. Thus he was a party to cutting off the unhappy prisoner from the only friends who could bring powerful influence to bear upon the authorities for a revision of the sentence. Kirschen not only did not communicate with M. de Leval, but he disappeared entirely after the trial.

It is placed on record by one present in court that Kirschen pleaded well for his client, but it is doubtful if it were more than a formal plea for mercy for one who was prejudged and her fate already sealed. That Kirschen is believed to be an Austrian by birth, although a naturalized Belgian, doubtless explains much that for a time had mystified the officials of the American Legation. It makes one's gorge rise to think that while the German conspirators pretended to allow the prisoner a friendly advocate, he was in reality a hideous travesty, a hypocritical cat's-paw of the Department of the Governor-General.

After the perpetration of the crime M. Kirschen informed a sceptical world that he was not of Austrian origin, but was born at Jassy, in Roumania. He also denied that he promised to inform the American Legation about the sentence, and, in fact, did not know until it was announced publicly. It need only be commented that M. de Leval's letters to his chief are in emphatic contradiction, and there is no doubt whose word is worthy of credence.

Failing to find M. Kirschen or learn any news of him, on Sunday night M. de Leval went to see Baron von der Lancken. The Baron was out, and Mr. Conrad, a subordinate, was unable to give any information.

On Monday morning M. de Leval was informed by Conrad that the American Legation would be made acquainted with the judgement immediately it was pronounced, at the same time volunteering the assurance that it need not be expected for 'a day or two.'

M. de Leval did not propose to rely upon any German assurances, and, further, was bent upon learning some of the details of the trial. In view of M. Kirschen's continued silence, he called at the house of the advocate at 12.30, but was informed that he would not be at home until late in the afternoon. He therefore proceeded to the house of another lawyer, who had been interested in one of Miss Cavell's fellow prisoners, but failed also to find that gentleman. However, he called upon M. de Leval a few hours later, and reported that he had heard that judgement would be passed on Tuesday morning. He also said that he had good grounds for believing that the sentence of the court would be severe for all the prisoners.

Meanwhile repeated telephonic inquiries were made by the American Legation at the Politische Abteilung (Political Department), and upon each occasion it was stated that sentence had not been pronounced; and this was the reply as late as 6.20, together with the renewed promise to afford the required information as soon as it came to hand. And so the day dragged on.

Yet the death sentence had been passed at five o'clock in the afternoon, and the execution of Miss Cavell was fixed for the same night! Not until 8.30 p.m. did the American Legation learn from a reliable outside source that sentence had been passed, and the execution would probably take place at two o'clock in the morning. Thus the American Minister was hoodwinked up to almost the last moment. The same fiendish mind that had engineered the secret arrest and the trial _in camera_ had deliberately jockeyed the Legation out of anything like the time required for taking the requisite steps to secure the deferring of the execution, pending an appeal in the highest quarters for clemency.

At this critical juncture Mr. Brand Whitlock was ill in bed; but, nevertheless, with Mr. Hugh Wilson, he threw himself into the task of attempting to save Miss Cavell's life, although the brief time at their disposal afforded but a slender chance of success. In a letter already prepared for dispatch to Baron von der Lancken, it was pointed out that the condemned Englishwoman had been treated with more severity than had been the result in other similar cases, although it was only her own commendable straightforwardness that enabled the charges against her to be proved. It was urged that she had spent her life in alleviating the sufferings of others, and at the beginning of the War she had bestowed her care as freely on German soldiers as on others. Her career as a servant of humanity should inspire the greatest sympathy and call for pardon. A letter in identical terms was addressed to Baron von Bissing.

Apart from what may be termed these strictly official communications, the Minister directed a touching personal appeal to Baron von der Lancken that was calculated to move the heart of a Bashi-Bazouk.

'My dear Baron,

'I am too ill to present my request in person, but I appeal to the generosity of your heart to support it and save this unfortunate woman from death. Have pity on her!

'Yours sincerely, 'BRAND WHITLOCK.'

That this poignant intercession failed in its purpose is indubitable proof, if further testimony were necessary, that the Prussian model of manliness is utterly devoid of chivalry, and that blood-lust takes the place of the ordinary dictates of humanity.

Forthwith Mr. Gibson and M. de Leval sought out the Marquis de Villalobar, the Spanish Ambassador, and together the anxious trio proceeded to the house of Baron von der Lancken. Not only was the Baron not at home, but no member of his staff was in attendance, which suggests even to the most charitable chronicler that the visit had been anticipated. An urgent message was sent after the Baron, with the result that he returned home a little after ten o'clock, and was shortly followed by two members of his staff.

When the circumstances necessitating the visit were explained to Baron von der Lancken, he professed to disbelieve that the death sentence had been passed, and asserted that in any case there would be no execution that night, and that the matter would lose nothing by waiting until the morning. But the neutral diplomatists were too hot upon the trail of German trickery and prevarication to permit of the desired procrastination; they were ambassadors in mercy rather than mere politics, and they firmly insisted upon the Baron instituting immediate inquiries. He retired to engage in telephonic communication with the presiding judge of the court-martial, doubtless not to seek for information, but to condole with each other upon the disclosure of their cunning scheme to these pestering neutrals, whose interference they had exercised their ingenuity to avoid.

Shortly the Baron returned and admitted to his visitors that their information was correct, whereupon Mr. Gibson presented the letters appealing for delay in execution of the sentence, and at the same time he verbally emphasized every conceivable point that might assist to gain even the most temporary respite; and in these representations the Spanish Minister lent all the support at his command.

Baron von der Lancken informed them that in these matters the supreme authority was the Military Governor; that the Governor-General had no authority to intervene; and that appeal could be carried only to the Emperor, and only in the event of the Military Governor exercising his discretionary power to accept an appeal for clemency.