Lewis Richards' Christmas tree. He has a big house at the edge of town,
with grounds which were fairy-like in the heavy white frost. He had
undertaken to look after 660 children, and he did it to the Queen's
taste. They were brought in by their mothers in bunches of one hundred,
and marched around the house, collecting things as they went. In one
room each youngster was given a complete outfit of warm clothes. In
another, some sort of a toy which he was allowed to choose. In another,
a big bag of cakes and candies, and, finally, they were herded into the
big dining-room, where they were filled with all sorts of Xmas food.
There was a big tree in the hall, so that the children, in their
triumphal progress, merely walked around the tree. Stevens had painted
all the figures and the background of an exquisite _crèche_, with an
electric light behind it, to make the stars shine. The children were
speechless with happiness, and many of the mothers were crying as they
came by.
Since the question of food for children became acute here, Richards has
been supplying rations to the babies in his neighbourhood. The number
has been steadily increasing, and for some time he has been feeding over
two hundred youngsters a day. He has been very quiet about it, and
hardly anyone has known what he was doing.
It is cheering to see a man who does so much to comfort others; not so
much because he weighs the responsibility of his position and fortune,
but because he has a great-hearted sympathy and instinctively reaches
out to help those in distress. Otherwise the day was pretty black, but
it did warm the cockles of my heart to find this simple American putting
some real meaning into Christmas for these hundreds of wretched people.
He also gave it a deeper meaning for the rest of us.
* * * * *
_Brussels, December 31, 1914_--Here is the end of the vile old year. We
could see it out with rejoicing, if there were any prospect of 1915
bringing us anything better. But it doesn't look very bright for
Belgium.
THE CASE OF MISS EDITH CAVELL
_The extracts from this journal have been so voluminous as to preclude
bringing the record much farther than the end of 1914. In the main the
story of 1915-1916 is in the development of the Commission for Relief in
Belgium and the new light shed each day upon German methods and
mentality. It is a long story and could not be crowded between the
covers of this volume. There is, however, one outstanding event in
1915--the case of Miss Edith Cavell--which is of such interest and so
enlightening as to conditions in Belgium under German domination as to
warrant its inclusion in this book. At the risk, therefore, of appearing
disconnected it has been decided to publish as a final chapter an
article in regard to the case of Miss Cavell which has already appeared
in the "World's Work."_
On August 5, 1915, Miss Edith Cavell, an Englishwoman, directress of a
large nursing home at Brussels, was quietly arrested by the German
authorities and confined in the prison of St. Gilles on the charge that
she had aided stragglers from the Allied armies to escape across the
frontier from Belgium to Holland, furnishing them with money, clothing
and information concerning the route to be followed. It was some time
before news of Miss Cavell's arrest was received by the American
Legation, which was entrusted with the protection of British interests
in the occupied portion of Belgium. When the Minister at Brussels
received a communication from the Ambassador at London transmitting a
note from the Foreign Office stating that Miss Cavell was reported to
have been arrested and asking that steps be taken to render her
assistance, Mr. Whitlock immediately addressed a note to the German
authorities asking whether there was any truth in the report of Miss
Cavell's arrest and requesting authorisation for Maître Gaston de Leval,
the legal counselor of the Legation, to consult with Miss Cavell and, if
desirable, entrust some one with her defense.
No reply was received to this communication, and on September 10th the
Legation addressed a further note to Baron von der Lancken, Chief of the
Political Department, calling his attention to the matter and asking
that he enable the Legation to take such steps as might be necessary for
Miss Cavell's defense.
On September 12th a reply was received from Baron von der Lancken in
which it was stated that Miss Cavell had been arrested on August 5th and
was still in the military prison of St. Gilles. The note continued:
She has herself admitted that she concealed in her house French and
English soldiers, as well as Belgians of military age, all desirous
of proceeding to the front. She has also admitted having furnished
these soldiers with the money necessary for their journey to
France, and having facilitated their departure from Belgium by
providing them with guides, who enabled them to cross the Dutch
frontier secretly.
Miss Cavell's defense is in the hands of the advocate Braun, who, I
may add, is already in touch with the competent German authorities.
In view of the fact that the Department of the Governor-General, as
a matter of principle, does not allow accused persons to have any
interviews whatever, I much regret my inability to procure for M.
de Leval permission to visit Miss Cavell as long as she is in
solitary confinement.
Under the provisions of international law the American Minister could
take no action while the case was before the courts. It is an elementary
rule that the forms of a trial must be gone through without interference
from any source. If, when the sentence has been rendered, it appears
that there has been a denial of justice, the case may be taken up
diplomatically, with a view to securing real justice. Thus in the early
stages of the case the American Minister was helpless to interfere. All
that he could do while the case was before the courts was to watch the
procedure carefully and be prepared with a full knowledge of the facts
to see that a fair trial was granted.
Maître de Leval communicated with Mr. Braun, who said that he had been
prevented from pleading before the court on behalf of Miss Cavell, but
had asked his friend and colleague, Mr. Kirschen, to take up the case.
Maître de Leval then communicated with Mr. Kirschen, and learned from
him that lawyers defending prisoners before German military courts were
not allowed to see their clients before the trial and were shown none of
the documents of the prosecution. It was thus manifestly impossible to
prepare any defense save in the presence of the court and during the
progress of the trial. Maître de Leval, who from the beginning to the
end of the case showed a most serious and chivalrous concern for the
welfare of the accused, then told Mr. Kirschen that he would endeavour
to be present at the trial in order to watch the case. Mr. Kirschen
dissuaded him from attending the trial on the ground that it would only
serve to harm Miss Cavell rather than help her; that the judges would
resent the presence of a representative of the American Legation.
Although it seems unbelievable that any man of judicial mind would
resent the presence of another bent solely on watching the course of
justice, Mr. Kirschen's advice was confirmed by other Belgian lawyers
who had defended prisoners before the German military courts and spoke
with the authority of experience. Mr. Kirschen promised, however, to
keep Maître de Leval fully posted as to all the developments of the case
and the facts brought out in the course of the trial.
[Illustration: German proclamation announcing the execution of Miss
Cavell
PROCLAMATION
Le Tribunal de Conseil de Guerre Impérial Allemand siègent à Bruxelles
a prononcé les condamnations suivantes:
Condamné à mort pour trahison en bande organisé:
Edith CAVAELL, Institutrice à Bruxelles.
Philippe BANCQ, Architecte à Bruxelles.
Jeanne de BELLEVILLE, de Montignies.
Louise THUILIEZ, Professeur à Lille.
Louis SEVERIN, Pharmacien à Bruxelles.
Albert LIBIEZ, Avocat à Mons.
Pour le même motif, ont été condamnés à quince ans de travaux forcés:
Hermann CAPIAU, Ingénieur à Wasmes.--Ada BODART, à Bruxelles--Georges
DERVEAU, Pharmacien à Paturages.--Mary de Croy, à Bellignies.
Dans la même séance, le Conseil de Guerre a prononcé contre dix-sept
autres accusés de trahison envers les Armées Impériales, des
comdamnations de travaux forcés et de prison variant entre deux ans
et huit ans.
En ce qui concerne BANCQ et Edith CAVELL, le jugement a déjà reçu
pleine exécution.
Le Général Gouverneur de Bruxelles porte ces faits à la connaissance
de public pour qu'ils servent d'avertissement.
Translation:
The Imperial German Court Martial sitting at Brussels has pronounced
the following sentence:
Condemned to death for treason committed as an organized band:
Edith Cavell, teacher, of Brussels.
Philippe Bancq, Architect, of Brussels.
Jeanne de Belleville, of Montignies.
Louise Thuilier, Teacher, of Lille.
Louis Severin, druggist, of Brussels.
Albert Libiez, lawyer, of Mons.
For the same offense the following are condemned to fifteen years of
hard labor:
Hermann Capiau, engineer, of Wasmes--Ada Bodart, of Brussels--Georges
Derveau, druggist, of Paturages--Mary de Croy, of Bellignies.
At the same session the Court Martial has pronounced sentences of
hard labor and of imprisonment, varying from two to eight years,
against seventeen others accused of treason against the Imperial
Armies.
As regards Bancq and Edith Cavell, the sentence has already been
fully carried out.
The Governor-General brings these facts to the attention of the
public in order that they may serve as a warning.]
The trial began on Thursday, October 7th, and ended the following day.
On Sunday afternoon the Legation learned from persons who had been
present at the trial some of the facts.
It seems that Miss Cavell was prosecuted for having helped English and
French soldiers, as well as Belgian young men, to cross the frontier
into Holland in order that they might get over to England. She had made
a signed statement admitting the truth of these charges and had further
made public acknowledgment in court. She frankly admitted that not only
had she helped the soldiers to cross the frontier but that some of them
had written her from England thanking her for her assistance. This last
admission made the case more serious for her because if it had been
proven only that she had helped men to cross the frontier into Holland,
she could have been sentenced only for a violation of the passport
regulations, and not for the "crime" of assisting soldiers to reach a
country at war with Germany.
Miss Cavell was tried under Paragraph 58 of the German Military Code,
which says:
Any person who, with the intention of aiding the hostile Power or
causing harm to German or allied troops, is guilty of one of the
crimes of Paragraph 90 of the German Penal Code, will be sentenced
to death for treason.
The "crime" referred to by Paragraph 90 was that of "conducting soldiers
to the enemy" (viz.: _dem Feinde Mannschaften zuführt_).
It is manifest that this was a strained reading of the provisions of
military law; that a false interpretation was wilfully put upon these
provisions in order to secure a conviction. This law was obviously
framed to cover the case of those who assist stragglers or lost soldiers
to get back to their own lines and join their units. It is doubtful
whether the framers of the military law had foreseen anything so
indirect and unprecedented as that of helping soldiers cross into a
neutral country in the hope that they might find their way back through
two other countries to their own army. Miss Cavell assisted these
soldiers to escape into a neutral country which was bound, if possible,
to apprehend and intern them. If these soldiers succeeded in outwitting
the Dutch authorities and making their way to England, their success
would not, to any fair-minded person, increase the offense committed by
Miss Cavell.
Miss Cavell's conduct before the court was marked by the greatest
frankness and courage. She stated that she had assisted these men to
escape into Holland because she thought that if she had not done so they
would have been seized and shot by the Germans; that she felt that she
had only done her duty in helping to save their lives.
The Military Prosecutor replied that while this argument might be made
concerning English soldiers, it could not apply to Belgians, who were
free to remain in the country without danger. The subsequent behaviour
of the German authorities to the Belgian young men who remained in the
country does not lend any considerable weight to the remarks of the
Public Prosecutor.
In concluding his plea, the Public Prosecutor asked that the court pass
the sentence of death upon Miss Cavell and eight other prisoners among
the thirty-five brought to trial.
Upon ascertaining these facts Maître de Leval called at the Political
Department and asked that, the trial having taken place, permission be
granted him to see Miss Cavell in person, as there could be no further
objection to consultation. Herr Conrad, an official of the Political
Department, who received Maître de Leval, stated that he would make
enquiry of the court and communicate with him later.
The foregoing are the developments up to Sunday night, October 10th.
Subsequent developments are shown by the following extracts from a
journal made at the time:
_Brussels, October 12, 1915_.--When I came in yesterday morning I found
information which seemed to confirm previous reports that Miss Cavell's
trial had been concluded on Saturday afternoon and that the prosecution
had asked that the death sentence be imposed. Monsieur de Leval promptly
called the Political Department over the telephone and talked to Conrad,
repeating our previous requests that he be authorised to see Miss Cavell
in prison. He also asked that Mr. Gahan, the English chaplain, be
permitted to visit her. Conrad replied that it had been decided that Mr.
Gahan could not see her, but that she could see any of the three
Protestant clergymen (Germans) attached to the prison; that de Leval
could not see her until the judgment was pronounced and signed. He said
that as yet no sentence had been pronounced and that there would
probably be a delay of a day or two before a decision was reached. He
stated that even if the judgment of the court had been given, it would
have no effect until it had been confirmed by the Governor, who was
absent from Brussels and would not return for two or possibly three
days. We asked Conrad to inform the Legation immediately upon the
confirmation of the sentence in order that steps might be taken to
secure a pardon if the judgment really proved to be one of capital
punishment. Conrad said he had no information to the effect that the
court had acceded to the request for the death sentence, but promised to
keep us informed. I stood by the telephone and could overhear both de
Leval and Conrad.
Despite the promise of the German authorities to keep us fully posted,
we were nervous and apprehensive and remained at the Legation all day,
making repeated enquiry by telephone to learn whether a decision had
been reached. On each of these occasions the Political Department
renewed the assurance that we would be informed as soon as there was any
news. In order to be prepared for every eventuality, we drew up a
petition for clemency addressed to the Governor-General, and a covering
note addressed to Baron von der Lancken, in order that they might be
presented without loss of time in case of urgent need.
A number of people had been arrested and tried for helping men to cross
into Holland, but, so far as we know, the death sentence had never been
inflicted. The usual thing was to give a sentence of imprisonment in
Germany. The officials at the Political Department professed to be
skeptical as to the reported intention of the court to inflict the death
sentence, and led us to think that nothing of the sort need be
apprehended.
None the less we were haunted by a feeling of impending horror that we
could not shake off. I had planned to ride in the afternoon, but when my
horse was brought around, I had it sent away and stayed near the
telephone. Late in the afternoon de Leval succeeded in getting into
communication with a lawyer interested in one of the accused. He said
that the German Kommandantur had informed him that judgment would be
passed the next morning, Tuesday. He was worried as to what was in store
for the prisoners and said he feared the court would be very severe.
At 6.20 I had Topping (clerk of the Legation) telephone Conrad again.
Once more we had the most definite assurances that nothing had happened
and a somewhat weary renewal of the promise that we should have
immediate information when sentence was pronounced.[11]
[Footnote 11: This was just one hour and twenty minutes after the
sentence had actually been pronounced. There is no need for comment.]
At 8.30 I had just gone home when de Leval came for me in my car, saying
that he had come to report that Miss Cavell was to be shot during the
night. We could hardly credit this, but as our informant was so positive
and insisted so earnestly, we set off to see what could be done.
De Leval had seen the Minister, who was ill in bed, and brought me his
instructions to find von der Lancken, present the appeal for clemency,
and press for a favourable decision. In order to add weight to our
representations, I was to seek out the Spanish Minister to get him to go
with us and join in our appeal. I found him dining at Baron Lambert's,
and on explaining the case to him he willingly agreed to come.
When we got to the Political Department we found that Baron von der
Lancken and all the members of his staff had gone out to spend the
evening at one of the disreputable little theatres that have sprung up
here for the entertainment of the Germans. At first we were unable to
find where he had gone, as the orderly on duty evidently had orders not
to tell, but by dint of some blustering and impressing on him the fact
that Lancken would have cause to regret not having seen us, he agreed to
have him notified. We put the orderly into the motor and sent him off.
The Marquis de Villalobar, de Leval, and I settled down to wait, and we
waited long, for Lancken, evidently knowing the purpose of our visit,
declined to budge until the end of an act that seemed to appeal to him
particularly.
He came in about 10.30, followed shortly by Count Harrach and Baron von
Falkenhausen, members of his staff. I briefly explained to him the
situation as we understood it and presented the note from the Minister,
transmitting the appeal for clemency. Lancken read the note aloud in our
presence, showing no feeling aside from cynical annoyance at
something--probably our having discovered the intentions of the German
authorities.
When he had finished reading the note, Lancken said that he knew nothing
of the case, but was sure in any event that no sentence would be
executed so soon as we had said. He manifested some surprise, not to say
annoyance, that we should give credence to any report in regard to the
case which did not come from his Department, that being the only
official channel. Leval and I insisted, however, that we had reason to
believe our reports were correct and urged him to make inquiries. He
then tried to find out the exact source of our information, and became
painfully insistent. I did not propose, however, to enlighten him on
this point and said that I did not feel at liberty to divulge our source
of information.
Lancken then became persuasive--said that it was most improbable that
any sentence had been pronounced; that even if it had, it could not be
put into effect within so short a time, and that in any event all
Government offices were closed and that it was impossible for him to
take any action before morning. He suggested that we all go home
"reasonably," sleep quietly, and come back in the morning to talk about
the case. It was very clear that if the facts were as we believed them
to be, the next morning would be too late, and we pressed for immediate
enquiry. I had to be rather insistent on this point, and de Leval, in
his anxiety, became so emphatic that I feared he might bring down the
wrath of the Germans on his own head, and tried to quiet him. There was
something splendid about the way de Leval, a Belgian with nothing to
gain and everything to lose, stood up for what he believed to be right
and chivalrous, regardless of consequences to himself.
Finally, Lancken agreed to enquire as to the facts, telephoned from his
office to the presiding judge of the court martial, and returned in a
short time to say that sentence had indeed been passed and that Miss
Cavell was to be shot during the night.
We then presented with all the earnestness at our command, the plea for
clemency. We pointed out to Lancken that Miss Cavell's offenses were a
matter of the past; that she had been in prison for some weeks, thus
effectually ending her power for harm; that there was nothing to be
gained by shooting her, and on the contrary this would do Germany much
more harm than good and England much more good than harm. We pointed out
to him that the whole case was a very bad one from Germany's point of
view; that the sentence of death had heretofore been imposed only for
cases of espionage and that Miss Cavell was not even accused by the
German authorities of anything so serious.[12] We reminded him that Miss
Cavell, as directress of a large nursing home, had, since the beginning
of the war, cared for large numbers of German soldiers in a way that
should make her life sacred to them. I further called his attention to
the manifest failure of the Political Department to comply with its
repeated promises to keep us informed as to the progress of the trial
and the passing of the sentence. The deliberate policy of subterfuge and
prevarication by which they had sought to deceive us, as to the progress
of the case, was so raw as to require little comment. We all pointed out
to Lancken the horror of shooting a woman, no matter what her offense,
and endeavoured to impress upon him the frightful effect that such an
execution would have throughout the civilised world. With an
ill-concealed sneer he replied that on the contrary he was confident
that the effect would be excellent.
[Footnote 12: At the time there was no intimation that Miss Cavell was
guilty of espionage. It was only when public opinion had been aroused by
her execution that the German Government began to refer to her as "the
spy Cavell." According to the German statement of the case, there is no
possible ground for calling her a spy.]
[Illustration: Miss Edith Cavell]
[Illustration: Fly-leaf of Miss Cavell's prayer book]
When everything else had failed, we asked Lancken to look at the case
from the point of view solely of German interests, assuring him that the
execution of Miss Cavell would do Germany infinite harm. We reminded him
of the burning of Louvain and the sinking of the _Lusitania_, and told
him that this murder would rank with those two affairs and would stir
all civilised countries with horror and disgust. Count Harrach broke in
at this with the rather irrelevant remark that he would rather see Miss
Cavell shot than have harm come to the humblest German soldier, and his
only regret was that they had not "three or four old English women to
shoot."
The Spanish Minister and I tried to prevail upon Lancken to call Great
Headquarters at Charleville on the telephone and have the case laid
before the Emperor for his decision. Lancken stiffened perceptibly at
this suggestion and refused, frankly, saying that he could not do
anything of the sort. Turning to Villalobar, he said, "I can't do that
sort of thing. I am not a friend of my Sovereign as you are of yours,"
to which a rejoinder was made that in order to be a good friend, one
must be loyal and ready to incur displeasure in case of need. However,
our arguments along this line came to nothing, but Lancken finally came
to the point of saying that the Military Governor of Brussels was the
supreme authority (_Gerichtsherr_) in matters of this sort and that even
the Governor-General had no power to intervene. After further argument
he agreed to get General von Sauberschweig, the Military Governor, out
of bed to learn whether he had already ratified the sentence and whether
there was any chance for clemency.