THERE COULD BE NO APPEAL

“The Spanish Minister forcibly supported all our representations and

made an earnest plea for clemency.

“Baron von der Lancken stated that the Military Governor was the

supreme authority (‘Gerichtsherr’) in matters of this sort; that

appeal from his decision could be carried only to the Emperor, the

Governor-General having no authority to intervene in such cases. He

added that under the provisions of German martial law the Military

Governor had discretionary power to accept or to refuse acceptance of

an appeal for clemency. After some discussion he agreed to call the

Military Governor on the telephone and learn whether he had already

ratified the sentence, and whether there was any chance for clemency.

He returned in about half an hour, and stated that he had been to

confer personally with the Military Governor, who said that he had

acted in the case of Miss Cavell only after mature deliberation;

that the circumstances in her case were of such a character that he

considered the infliction of the death penalty imperative; and that in

view of the circumstances of this case he must decline to accept your

plea for clemency or any representation in regard to the matter.

“Even after Baron von der Lancken’s very positive and definite

statement that there was no hope, and that under the circumstances

‘even the Emperor himself could not intervene,’ we continued to appeal

to every sentiment to secure delay, and the Spanish Minister even led

Baron von der Lancken aside in order to say very forcibly a number of

things which he would have felt hesitancy in saying in the presence of

the younger officers and of M. de Leval, a Belgian subject.

“His Excellency talked very earnestly with Baron von der Lancken

for about a quarter of an hour. During this time M. de Leval and I

presented to the younger officers every argument we could think of.

I reminded them of our untiring efforts on behalf of German subjects

at the outbreak of war and during the siege of Antwerp. I pointed out

that, while our services had been rendered gladly and without any

thought of future favors, they should certainly entitle you to some

consideration for the only request of this sort you had made since

the beginning of the war. Unfortunately, our efforts were unavailing.

We persevered until it was only too clear that there was no hope of

securing any consideration for the case.”

[Illustration:

© _Underwood & Underwood._

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