Miss Scott Cavell made it known that her sister had hoped some time in

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:

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