CHAPTER VIII.
THE FALSE FRIEND.
As Von Bissing had arrested Edith Cavell in secret, so he sought to judge her clandestinely. The trial took place before a court-martial on October 7th and 8th, with that of thirty-four other prisoners. Before this timeMr.Brand Whitlock, the American Minister, with his Secretary of Legation,Mr.Hugh Gibson, and his legal adviser, M. de Leval, a Belgian advocate, had stirred themselves actively on Miss Cavell’s behalf. The story of how they were deliberately hoodwinked is one of the most ugly features of the case.
For ten days Baron Von der Lancken, the German Political Minister, sent no replytoMr.Whitlock’s appeal for information, and for authority to start the defence.Mr.Whitlock repeated his request on September 10th, but it was not until two days after this date that Baron Von der Lancken replied to the appeal. He set forth in this letter the only official statement ever made by the German authorities as to Miss Cavell’s “crime.” It is worth reading in his own words:—
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 defence 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 interviewswhatever, I much regret my inability to procure forMr.de Leval permission to visit Miss Cavell as long as she is in solitary confinement.
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 defence 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 interviewswhatever, I much regret my inability to procure forMr.de Leval permission to visit Miss Cavell as long as she is in solitary confinement.
Mr.Braun was a lawyer at the Brussels Appeal Court. As soon as the American Legation received the intimation that he had been appointed as the lawyer,Mr.de Leval wrote, asking him to come to the Legation.Mr.Braun came as requested “a few days later.”
The time was now drawing close when the trial was to come on. Three weeks had already been wasted since the American Embassy in London first took the matter up, and nearly seven weeks had gone by since the arrest. But when at last it appeared as though something was about to be done, another excuse was produced.Mr.Braun’s news was that although he had been asked to defend Miss Cavell by personal friends of hers, he could not do so “owing to unforeseen circumstances.”
Mr.Braun stated that he had seen another Belgian lawyer,Mr.Kirschen, who hadagreed to undertake the defence. Another delay, whileMr.de Leval got into touch withMr.Kirschen. At last there was to be an opportunity to obtain some details of the accusation. What had Miss Cavell admitted? asked the American counsel. What were the documents upon which the charge was based? What estimate had the lawyer formed of the prospects of an acquittal?
To the astonishment ofMr.de Leval, the lawyer replied that under German military rules he was not allowed to see his client before the trial began. The prosecution had every opportunity of preparing its case. The judges were fully informed of every circumstance that might bias them against the prisoner. But the poor lonely woman in prison could not even see her counsel in private, and all the documents were withheld from his inspection.
MRS. CAVELL, MOTHER OF NURSE CAVELL.
Photo CopyrightFarringdon Photo Company.NURSE CAVELL WHEN A CHILD, WITH HER MOTHER AND ELDER SISTER.
THE RECTORY, SWARDESTON, WHERE NURSE CAVELL WAS BORN.
Daily Mirror Photograph.THE RECTORY, SWARDESTON, WHERE NURSE CAVELL WAS BORN.
In these circumstancesMr.de Leval decided that he would attend the trial himself. Unfortunately, he did not persist in this decision.
It is extremely doubtful, in view of what happened afterwards, if the authorities would have permitted the presence of a neutral spectator of the administration of German “justice.” What inducedMr.de Leval to give way was the consideration of Miss Cavell’s interests.Mr.Kirschen urged that the presence of an American at the trial would prejudice the prisoner’s chances. The judges would feel they were under supervision, and would be likely to be more severe in consequence.Mr.Kirschen declared that there was not the least chance of a miscarriage of justice, and promised to informMr.de Leval of every development of the case.
We may judge of the value of his advocacy from the fact that he afterwards broke all these promises except one. He did tellMr.de Leval when the trial was coming on. He never made any report of the progress of the trial, although it took two days. Henever disclosed what the sentence was. He never informed the only powerful friends of his unhappy client that she was to be executed unless outside intervention came. And whenMr.de Leval tried to find him he had disappeared.