the future to establish a home for nurses only, those either
convalescent or tired, or who required a temporary home on holiday from
abroad, or a temporary place of rest only. A subscription list was at
once opened to give effect to a plan that had been so near Nurse
Cavell's heart.
A similar idea, but on a larger scale, was favoured by Sir John Howard,
well known in Brighton as the giver of the John Howard Convalescent Home
for Ladies in Reduced Circumstances. He announced that in memory of Miss
Cavell he would build twenty-four cottage homes for incapacitated
nurses, and endow each with the sum of ten shillings a week. This
munificent memorial will entail the expenditure of about L30,000.
IX
BRITISH OFFICIAL REPROBATION
The language of diplomacy is of a restrained and judicial character,
even when dealing with questions that arouse in the lay mind a whole
storm of feeling. But the letter of Sir Edward Grey of October 20, 1915,
addressed to Mr. Page, the United States Ambassador in London, with
studied calmness and marked dignity indicts the German authorities of an
unwarrantable haste in carrying out the sentence that amounts to
political murder. The Foreign Secretary's comments were as follows:
'Sir E. Grey is confident that the news of the execution of this
noble Englishwoman will be received with horror and disgust, not
only in the United States, but throughout the civilized world. Miss
Cavell was not even charged with espionage, and the fact that she
had nursed numbers of wounded German soldiers might have been
regarded as a complete reason in itself for treating her with
leniency.
'The attitude of the German authorities is, if possible, rendered
worse by the discreditable efforts successfully made by the
officials of the German civil administration at Brussels to conceal
the fact that sentence had been passed, and would be carried out
immediately. These efforts were no doubt prompted by the
determination to carry out the sentence before an appeal from the
finding of the court-martial could be made to a higher authority,
and show in the clearest manner that the German authorities
concerned were well aware that the carrying out of the sentence was
not warranted by any consideration.
'Further comment on their proceedings would be superfluous.
'In conclusion, Sir E. Grey would request Mr. Page to express to
Mr. Whitlock and the staff of the United States Legation at
Brussels the grateful thanks of His Majesty's Government for their
untiring efforts on Miss Cavell's behalf. He is fully satisfied
that no stone was left unturned to secure for Miss Cavell a fair
trial, and, when sentence had been pronounced, a mitigation
thereof.
'Sir E. Grey realizes that Mr. Whitlock was placed in a very
embarrassing position by the failure of the German authorities to
inform him that the sentence had been passed, and would be carried
out at once. In order, therefore, to forestall any unjust criticism
which might be made in this country, he is publishing Mr.
Whitlock's dispatch to Mr. Page without delay.'
Sir Edward Grey also wrote to the Spanish Ambassador in London
acknowledging the good services of the Spanish Minister at Brussels, and
concluding thus:
'His Majesty's Government much appreciates the efforts made by the
Marquis de Villalobar on this occasion, and the sentiments of
humanity and chivalry which animated him, and they would be
grateful if your Excellency would be good enough to so inform the
Spanish Government.'
In the House of Lords the Earl of Desart asked the Government if they
could give any information with regard to the execution of Miss Edith
Cavell by the German authorities in Belgium. Her offence, he said, of
assisting her own countrymen and the countrymen of our Allies to escape
was one which a belligerent was entitled to protect itself against, and
a sentence of execution might even be passed, but such sentence ought
never to have been carried out by any country. It was rumoured that
other persons against whom similar charges had been made were lying in
peril of their lives, and it might be possible through the action of
neutral countries to prevent a recurrence of one of the greatest
tragedies of the War.
The Marquis of Lansdowne replied:
'I am not surprised, and I am sure no member of the House can be
surprised, that the noble Earl should have called attention to this
most deplorable incident. We have been during the last few months
continually shocked by occurrences each more terrible and moving
than its predecessor; but I doubt whether any incident has moved
public opinion in this country more than the manner in which this
poor lady was, I suppose I may say, executed in cold blood.
'It is no doubt the case that she may by her conduct have rendered
herself liable to punishment, perhaps to severe punishment, for
acts that could be taken to be a violation of the kind of law which
prevails when war is going on. But I have no hesitation in saying
that she might at any rate have expected that measure of mercy
which, I believe, in no civilized country would have been refused
to one who was not only a woman, but a very brave and devoted
woman, and one who had given all her efforts and energies to the
mitigation of the sufferings of others.
'I am able to tell my noble friend that a full report relating to
the circumstances under which Miss Cavell was executed was
forwarded to the Foreign Office by the United States Ambassador. We
learn from this report that the representatives of the United
States and Spain at Brussels up to the very last moment neglected
no opportunity or effort in order to obtain a commutation of the
death sentence passed on Miss Cavell, or even to obtain at least a
period of suspense before that sentence was carried into effect.
These efforts failed.
'With regard to the second part of my noble friend's question, I am
able to tell him that two French ladies have been condemned to
death on a charge of sheltering British and French fugitive
soldiers. These ladies were to have been executed on Monday last;
but I am glad to be able to add that, as the result of strong
representations made by His Majesty the King of Spain and by the
Pope, the execution of these sentences has been postponed pending
consideration by the German Emperor of the reports on both cases.
I will only add that I am convinced there is not a man or woman in
this country who will not join with the noble Earl in the protest
he has made against this terrible occurrence.'
In the House of Commons Mr. Asquith, the Prime Minister, said:
'If there be moments such as come to all of us when we are tempted
to be fainthearted, let us ask ourselves what year in our history
has done more to justify our faith in the manhood and the womanhood
of our people? It has brought us, as we cannot at this moment
forget, the imperishable story of the last hours of Edith Cavell,
facing a terrible ordeal worse than that of the battle-field. She
has taught the bravest man amongst us the supreme lesson of
courage. Yes, and in this United Kingdom and throughout the
Dominions of the Crown there are thousands of such women. A year
ago we did not know it. We have great traditions, but a nation
cannot exist by traditions alone. Thank God, we have living
examples of all the qualities which have built up and sustained our
Empire. Let us be worthy of them, and endure to the end.'
The Secretary for Foreign Affairs was asked whether, according to
Article 10 of the Hague Convention of 1907 and the guarantee of the
neutrality of Belgium, to which Prussia was a party, the late Miss
Cavell was, according to such law as could be applied to her case,
guilty of any military offence.
Sir E. Grey: 'It seems unnecessary to go into technical legal points to
condemn what has been done in this case. The reprobation of it, which I
believe is widespread in the world, rests upon higher considerations,
which arouse deeper feelings, than mere illegality.'
In another question the Secretary for Foreign Affairs was asked whether
he had taken, or intended to take, any steps to convey to the Military
Governor of Brussels that, when opportunity offered, he would be held
personally responsible by His Majesty's Government for the
quasi-judicial assassination of Miss Cavell.
Lord Robert Cecil: 'On May 5 last the Prime Minister assured the House
that due reparation would be exacted from all persons, whatever their
position, who can be shown to have maltreated our prisoners in Germany.
That pledge still holds good, and applies with twofold force in the case
of the savage murder under legal forms of a noble woman. I do not think
that it would serve any good purpose to attempt to convey this resolve
to any particular German official, who, for aught we know at present,
may not be the chief offender.'
The statement of the Prime Minister to which the above reference was
made was as follows:
'The Government were at least as anxious as anybody else that when
the proper time came due reparation should be exacted from all
persons, whatever their position or their antecedents, who could be
shown to have violated the most elementary principles, and perhaps
the most fundamental, of all the rules and usages of civilized
warfare.'
If there be any value in the British Government's expressed
determination, then assuredly von Bissing and von der Lancken will be
indicted for the offence that stinks in the nostrils of the whole
world.
X
GERMANY'S CYNICAL DEFENCE
Germany speedily found it wise to attempt to justify the execution of
Miss Cavell in order to moderate the storm of indignation that had been
aroused in neutral countries. To that end Dr. Zimmermann,
Under-Secretary for Foreign Affairs, set forth the German defence in an
interview granted to a United States correspondent in Berlin.
'It was a pity,' said Dr. Zimmermann, 'that Miss Cavell had to be
executed, but it was necessary. She was judged justly. We hope it
will not be necessary to have any more executions.
'I see from the English and American press that the shooting of an
Englishwoman and the condemnation of several other women in
Brussels for treason has caused a sensation, and capital against us
is being made out of the fact. It is undoubtedly a terrible thing
that the woman has been executed; but consider what would happen to
a State, particularly in war, if it left crimes aimed at the safety
of its armies to go unpunished because committed by women. No
criminal code in the world--least of all the laws of war--makes
such a distinction; and the feminine sex has but one preference,
according to legal usages, namely, that women in a delicate
condition may not be executed. Otherwise men and women are equal
before the law, and only the degree of guilt makes a difference in
the sentence for the crime and its consequences.
'I have before me the court's verdict in the Cavell case, and can
assure you that it was gone into with the utmost thoroughness, and
was investigated and cleared up to the smallest details. The
result was so convincing, and the circumstances were so clear, that
no war court in the world could have given any other verdict, for
it was not concerned with a single emotional deed of one person,
but a well-thought-out plot, with many far-reaching ramifications,
which for nine months succeeded in doing valuable service to our
enemies and great detriment to our armies. Countless Belgian,
French, and English soldiers are again fighting in the ranks of the
Allies who owe their escape to the band now found guilty, whose
head was the Cavell woman. Only the utmost sternness could do away
with such activities under the very nose of our authorities, and a
Government which in such case does not resort to the sternest
measures sins against its most elementary duties toward the safety
of its own army.
'All those convicted were thoroughly aware of the nature of their
acts. The court particularly weighed this point with care, letting
off several of the accused because they were in doubt as to
whether they knew that their actions were punishable. Those
condemned knew what they were doing, for numerous public
proclamations had pointed out the fact that aiding enemies' armies
was punishable with death.
'I know that the motives of the condemned were not base; that they
acted from patriotism; but in war one must be prepared to seal
one's patriotism with blood, whether one faces the enemy in battle,
or otherwise in the interest of one's cause does deeds which justly
bring after them the death penalty. Among our Russian prisoners are
several young girls who fought against us in soldiers' uniforms.
Had one of these girls fallen, no one would have accused us of
barbarity against women. Why now, when another woman has met the
death to which she knowingly exposed herself, as did her comrades
in battle?
'There are moments in the life of nations where consideration for
the existence of the individual is a crime against all. Such a
moment was here. It was necessary once for all to put an end to the
activity of our enemies, regardless of their motives; therefore the
death penalty was executed so as to frighten off all those who,
counting on preferential treatment for their sex, take part in
undertakings punishable by death.
'It was proved after a long trial of the sentenced persons that
they for some months past had been engaged in assisting Belgians of
military age to enlist in hostile armies, and in enabling French
and English deserters to escape the country. They had many helpers,
and had organized branches.
'The Governor-General had repeatedly issued warnings against such
activity, pointing out that severe punishment for such action was
unavoidable.
'The guilty persons were sentenced in a public sitting according to
the law based on the provisions of the imperial penal code and the
military penal code for war treason and espionage. No special law
exists for Belgium, and no so-called "usage of war" influenced the
verdict of the court.'
Dr. Zimmermann maintained that the execution was carried out in
accordance with the established regulations, death occurring immediately
after the first volley, as attested by the physician who was present.
The greater part of Dr. Zimmermann's futile reasoning is not worth
discussion in detail. The one outstanding fact is the common belief that
no military authorities in Europe, other than German, would have
executed Miss Cavell for an offence actuated by purest motives of
patriotism, and in which there was not the faintest suspicion of
espionage. It may be remarked, too, that in America Judge Lynch never
executed a woman. The attempt to draw a parallel case between Nurse
Cavell and Russian women who have fought as soldiers is puerile in the
extreme. In the case of the Russian, she is dressed in male uniform, and
the German who shoots her in action does so in ignorance of her sex;
Miss Cavell was a Red Cross nurse whose services to German wounded
alone should have struck a spark of compassion.
* * * * *
Later, an inspired telegram was issued from Berlin to counteract the
'incorrect and exaggerated' discussions in the foreign press. It was
stated that Miss Cavell was sentenced in a public sitting, although it
is an incontrovertible fact that the American Legation could not get
permission to be represented. It is laid to Miss Cavell's charge that
she 'nursed only rich people for heavy fees.' Even if it were true, it
would not palliate the German offence of hurried and clandestine murder;
but we know, and the Germans know, that her whole life was spent in
doing good for others. Finally is repeated the old statement that
cruelties were committed by Lord Kitchener during the Boer War on women
and children. This oft-repeated libel needs no refutation of ours,
because it was demolished years ago by the German official history of
the Boer War.
The next step in German impudence was an attempt to make believe that
in the documents exchanged between the American Legation in Brussels and
the German authorities as published by the British Government, some
circumstances of the utmost importance are inaccurately reported by the
Belgian lawyer who acts as legal adviser to the Legation. To this Sir
Edward Grey informed the press that the papers relating to the case of
Miss Cavell were published exactly as they were received from the
American Embassy and with the American Embassy's consent.
On November 20, however, nearly a month later, the British Foreign
Office did make public one correction:
'The letter addressed by the United States Minister at Brussels to
the Ambassador in London, under date October 14, to the effect that
the German prosecutor had asked for a sentence of death against
Miss Edith Cavell _and eight other persons implicated by her
testimony_ was due to erroneous information furnished to the
United States Legation, and, so far as it has been possible to
discover, no other person has been directly implicated by any
testimony on the part of Miss Cavell.'
The acknowledgement of this mistake, however, could have afforded the
Germans but little satisfaction, because its only effect was the removal
of a slur on the loyalty of Miss Cavell to her friends.
In the clumsy attempt to justify their savagery the Germans have done
nothing to prevent judgement going by default in the heart of all
civilized nations. They omit all reference to their inhuman haste and
calculated trickery, and their venomous refusal to allow exhumation and
proper burial. No laws of war permit such outrages, no military
necessities can excuse and no pedantic partisan can vindicate them.
XI
JUSTICE AND SAVAGERY CONTRASTED
Sir John Simon, the late Home Secretary, in an interview with a United
States correspondent in London, averred that in the record of Britain's
treatment of persons accused of military offences the case of Miss
Cavell had and could have no parallel. To no woman, even in cases of
clearly proved espionage, had Britain meted out a sentence of death; and
in no case is a woman, whatever her nationality, tried in any but a
civil court.
It may be urged that in an occupied territory such as Belgium the
administration of the law may call for slight difference; but the Cavell
case was not a sudden or unexpected discovery that called for a
drumhead court-martial on a battle-field. The 'crime' was committed in
Brussels, where the invaders claim to have restored orderly government
under their own civil governor.
'In England the accused is brought before a tribunal which holds a
preliminary inquiry taking the summary evidence. He is always
assisted by a lawyer, and a complete record of the evidence, oral
and documentary, is given to the accused, who is then allowed an
interval to prepare for defence. _If it is a woman, the trial
always takes place before a civil tribunal_; if a man, he has the
right to claim to be tried before a civil tribunal instead of a
court-martial, if he be a British subject. At the trial, whether
military or civil, the lawyers for the defence have the same
opportunities as are given the accused in an ordinary case in peace
times.
'In the last case involving a woman in this country the offender
was of German birth, though technically a subject of another
country owing to marriage. She was acting in association with a
male spy, and was detected travelling to various points in order to
collect information about naval defences. The evidence against her
was overwhelming, and did not depend solely on witnesses, but on
documents found in her possession and letters written by her and
her associates.
'Going through the preliminary proceedings as previously described,
she was tried in September by three civil judges of our High Court
and a jury, and was convicted, not of harbouring German soldiers,
but of deliberate and persistent spying for the purpose of
providing the enemy with important information. Her male companion
was condemned to death; she was sentenced to ten years'
imprisonment.
'In the case of a court-martial, reconsideration always takes
place; in a civil trial, such as the one just recounted, there is a
right of appeal to the Court of Criminal Appeal and consideration
by the Home Secretary, who gives his advice as to the prerogative
of mercy. In the particular case mentioned the woman did not
appeal.
'In any case when the accused has claimed to have connexion with a
neutral country we have not waited for application to be made to
us. We thought it right to give the neutral Embassy information of
the arrest. It has happened in several cases that the accused was
carrying what he alleged to be a United States passport. In such
cases, as the others, the American Embassy was consulted, and the
solicitors and counsel for defence were retained with the Embassy's
approval.
'Execution never follows a sentence here without a proper interval.
Indeed, there was a case not long ago when on the eve of the
execution a postponement was requested in order that some further
representation might be considered. The sentence was postponed for
a week, and the whole case was reviewed in the light of the new
material. In a case now pending the accused says he wishes to call
evidence from the other side of the world. We don't know whether
the evidence will be helpful, but we have postponed the final trial
from August to December.
'Mind you, I am not claiming any credit for the British Government
for our procedure. There is nothing unusual, to my mind, in taking
care that the accused persons have the fullest opportunity for
their defence. The thing that strikes Englishmen as most incredible
in the case of Miss Cavell is the calculated indifference with
which the inquiries of the American and Spanish Ministers were
treated. If the excuse is suggested that in time of war severe and
harsh measures have to be taken, our own experience is enough to
show that it is possible to combine a regard for the rights of the
accused and the respect for humane considerations with the effect
of punishment of hostile offences of the most serious kind.
'It would have seemed impossible for the Germans to do anything to
increase the horror produced by their behaviour in Belgium. It
would have seemed impossible to do anything which could cement more
closely the bond of sympathy between the populations of England and
Belgium. But they have accomplished both impossibilities by one
horrible act of brutality.'
The foregoing contrast between British and German conceptions of justice
is practically the difference between barbarism and civilization; and
Sir John Simon's impressive exposition of the difference between the two
systems calls for nothing to elaborate it.
XII
PULPIT AND PEN UNITE IN DENUNCIATION
The publication of the official correspondence affording the details of
Miss Cavell's stealthy execution raised a storm of righteous
indignation, which found expression in every pulpit in the British
Isles; while on the platform or in the press men of light and leading
joined in their condemnation of the German atrocity. The following are
but a few notable examples of whole sheaves of similar outpourings.
* * * * *
The Bishop of London, in preaching the Trafalgar Day Sermon, at St.
Martin-in-the-Fields, said: