THE GERMAN OFFICIAL DEFENCE.
It is indeed hard that a woman has to be executed, but think what a State is to come to which is at war if it allows to pass unnoticed a crime against the safety of its armies because it is committed by women. No law book in the world, least of all those dealing with war regulations, makes such a differentiation, and the female sex has but one preference according to legal usage, namely, that women in a delicate condition may not be executed. Otherwise a man and woman are equal before the law, and only the degree of guilt makes a difference in the sentence for a crime and its consequences.
In the Cavell case all the circumstances are so clear and convincing that no court-martial in the world could have reached any other decision. For it concerns not the act of one single person, but rather a well-thought-out, world-wide conspiracy,which succeeded for nine months in rendering the most valuable service to the enemy, to the disadvantage of our army.
Countless British, Belgian and French soldiers are now again fighting in the Allies’ ranks who owe their escape from Belgium to the activity of the band now sentenced, at the head of which stood Miss Cavell.
With such a situation under the very eyes of the authorities only the utmost severity can bring relief, and a Government violates the most elementary duty towards its army that does not adopt the strictest measures. These duties in war are greater than any other.
All those convicted were fully cognisant of the significance of their actions. The court went into just this point with particular care, and acquitted several co-defendants because it believed a doubt existed regarding their knowledge of the penalties for their actions.
I admit, certainly, that the motive of those convicted was not unnoble, that they acted out of patriotism; but in war time one must be ready to seal one’s love of Fatherland with one’s blood.
Once for all, the activity of our enemies has been stopped, and the sentence has been carried out to frighten those who might presume on their sex totake part in enterprises punishable with death. Should one recognise these presumptions it would open the door for the evil activities of women, who often are handier and cleverer in these things than the craftiest spy.
If the others are shown mercy it will be at the cost of our army, for it is to be feared that new attempts will be made to injure us if it is believed that escape without punishment is possible or with the risk of only a light sentence.
Only pity for the guilty can lead to a commutation. It will not be an admission that the executed sentence was too severe, for this, harsh as it may sound, was absolutely just, and could not appear otherwise to an independent judge.
It is asserted that the soldiers told off to carry out the execution refused at first to shoot, and finally fired so faultily that an officer had to kill the accused with his revolver.
No word of this is true. I have an official report of the execution, in which it is established that it took place entirely in accordance with the established regulations, and that death occurred immediately after the first volley, as the physician present attests.
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