Immediately after lunch we climbed into the big car and went out to

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.

A Journal From Our Legation in Belgium · 第 23 / 24 段