<h2><SPAN name="IV" id="IV"></SPAN>IV</h2>
<h3>SPINNING THE TOILS</h3>
<p><span class="sc">The</span> 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 <i>in camera</i>, when publicity was a prime necessity if
her case was to act as a warning to others.</p>
<p>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<span class="pagenum"><SPAN name="Page_38" id="Page_38">[Pg 38]</SPAN></span> 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.</p>
<p>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.</p>
<p>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<span class="pagenum"><SPAN name="Page_39" id="Page_39">[Pg 39]</SPAN></span> German judicial authorities were asked to allow M.
de Leval to interview the prisoner and make arrangements for her
defence.</p>
<p>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.</p>
<p>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<span class="pagenum"><SPAN name="Page_40" id="Page_40">[Pg 40]</SPAN></span> in solitary confinement, would be contrary to the
principles of the Department of the Governor-General.</p>
<p>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.</p>
<p>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<span class="pagenum"><SPAN name="Page_41" id="Page_41">[Pg 41]</SPAN></span> of humanity, leaving justice altogether out of the question.</p>
<p>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.</p>
<p>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.</p>
<p>When M. de Leval announced that he himself would attend the trial,
Kirschen strongly deprecated any such course. He<span class="pagenum"><SPAN name="Page_42" id="Page_42">[Pg 42]</SPAN></span> 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.</p>
<p>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,<span class="pagenum"><SPAN name="Page_43" id="Page_43">[Pg 43]</SPAN></span> 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.'</p>
<hr />
<p><span class="pagenum"><SPAN name="Page_44" id="Page_44">[Pg 44]</SPAN></span></p>
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