<h2><SPAN name="VI" id="VI"></SPAN>VI</h2>
<h3>THE FIGHT FOR A LIFE</h3>
<p><span class="sc">The</span> 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<span class="pagenum"><SPAN name="Page_53" id="Page_53">[Pg 53]</SPAN></span> authorities for a revision of the sentence.
Kirschen not only did not communicate with M. de Leval, but he
disappeared entirely after the trial.</p>
<p>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.</p>
<p>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,<span class="pagenum"><SPAN name="Page_54" id="Page_54">[Pg 54]</SPAN></span> 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.</p>
<p>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.</p>
<p>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.'</p>
<p>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<span class="pagenum"><SPAN name="Page_55" id="Page_55">[Pg 55]</SPAN></span> 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.</p>
<p>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.</p>
<p>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<span class="pagenum"><SPAN name="Page_56" id="Page_56">[Pg 56]</SPAN></span> 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 <i>in camera</i> 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.</p>
<p>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<span class="pagenum"><SPAN name="Page_57" id="Page_57">[Pg 57]</SPAN></span> 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.</p>
<p>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.</p>
<blockquote>
<p>'My dear Baron,</p>
<p>'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!</p>
<p class="ltr-closing">'Yours sincerely,</p>
<p class="author">'<span class="smcap">Brand Whitlock</span>.'</p>
</blockquote>
<p><span class="pagenum"><SPAN name="Page_58" id="Page_58">[Pg 58]</SPAN></span></p>
<p>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.</p>
<p>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.</p>
<p>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<span class="pagenum"><SPAN name="Page_59" id="Page_59">[Pg 59]</SPAN></span> 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.</p>
<p>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<span class="pagenum"><SPAN name="Page_60" id="Page_60">[Pg 60]</SPAN></span> representations the
Spanish Minister lent all the support at his command.</p>
<p>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.</p>
<p>Upon the urgent appeal of the neutral diplomatists Baron von der Lancken
agreed to speak to the Military Governor on the telephone. He was absent
half an hour, and upon his return stated that he had been to confer
personally with the Military Governor, who declared that the sentence
upon Miss Cavell was the result of 'mature deliberation,' and that the
circumstances in her case rendered 'the infliction of the death penalty
imperative.'</p>
<p>The Baron's attitude was that of absolute finality, and in signification
of the end of the interview he asked Mr. Gibson to take<span class="pagenum"><SPAN name="Page_61" id="Page_61">[Pg 61]</SPAN></span> back the note
which he had presented to him. This apparently simple request was
typical of the subtleties of Teutonic diplomacy, which cynically
repudiates its own 'scraps of paper,' and consequently cannot be
expected to hold those of others in very high esteem. Astute as Baron
von der Lancken may have imagined himself to be, his idea is patent to
an ordinarily unsophisticated mind, which not unnaturally, albeit
ungenerously, infers that at some time in the future the Baron may
desire to deny that he had received the written appeal of the American
Minister, which would be borne out by its absence from the official
archives. He is welcome to any satisfaction that the preparation for
mendacity may afford an atrophic conscience and a mental attitude that
is foreign to honourable diplomacy.</p>
<p>For an hour longer the visitors argued and pleaded, only to be informed
very positively that 'even the Emperor himself could not intervene'; but
even then Mr. Gibson and the Marquis de Villalobar<span class="pagenum"><SPAN name="Page_62" id="Page_62">[Pg 62]</SPAN></span> continued to make
fresh appeals for delay. Finally the Spanish Minister drew Baron von der
Lancken aside in order to express some forcible opinions that he
hesitated to say in the presence of the Baron's subordinates and M. de
Leval, a Belgian subject; and in the meantime Mr. Gibson and M. de Leval
argued desperately with the younger officers—but all in vain.</p>
<p>Edith Cavell was doomed to death by that same tyranny that had
consummated the horrors of Louvain, that had heaped up atrocity upon
atrocity to appal all Christendom. As the bells of the city chimed the
midnight hour the victims' friends returned in despair to the American
Legation.</p>
<hr />
<p><span class="pagenum"><SPAN name="Page_63" id="Page_63">[Pg 63]</SPAN></span></p>
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