Part 2 (1/2)

Even in a British court of justice perfectly innocent people are overawed by their surroundings, causing them to be self-conscious, nervous, and distracted at a time when cool collectedness should be the first line of their defence. But Miss Cavell knew that she was arraigned before unjust judges, who lacked the virtues of charity, sincerity, humanity, and probity, without which the exercise of judgement is a mockery and a sham.

Her clear and expressive eyes looked out of a countenance that two months of close confinement had made deathly white. She was of the stuff of which martyrs are made. For what amounted to no more than a series of acts of womanly compa.s.sion she had become the sport of dire misfortune; but 'misfortune is never mournful to the soul that accepts it; for such do always see that every cloud is an angel's face.' Edith Cavell fearlessly looked about the court, viewing with evident curiosity the row of malevolent-looking officers in gorgeous uniforms, who occupied the judges' bench under the black Prussian eagle that is now the emblem of a nation's degradation. Occasionally her delicate features were illumined with a commiserating smile to encourage those who shared her own imminent peril.

The case for the prosecution was that the accused were the princ.i.p.als in an organization that a.s.sisted British, French, and Belgian soldiers to escape from Belgium. It was alleged that fugitives were first smuggled into Brussels, where they were hidden either in a convent or in Miss Cavell's hospital. Later, as opportunity offered, they were disguised and conducted in tram-cars out of the city, and handed over to guides who led the way by devious routes to the Dutch frontier.

When Miss Cavell was called upon to plead, she mastered her physical weakness, and serenely faced her accusers. In gentle accents she a.s.serted that to the best of her belief she had but served her country, and, so far as that was wrong, she was ready to take the blame. Calmly she contemplated her end; cheerfully she was willing to be the scapegoat, in the hope that some at least of her friends might escape the dread punishment that she perceived would be her fate.

She was interrogated in German, which an interpreter translated into French, with which tongue she was perfectly familiar. She spoke without trembling, and exhibited a clear and acute mind. Often she added some greater precision to her previous depositions. Her answers were always direct and unhesitating. When the Military Prosecutor inquired why she had helped soldiers to go to England, the reply came promptly: 'If I had not done so they would have been shot. I thought I was only doing my duty in saving their lives.'

'That may be true so far as British soldiers were concerned,' agreed the interlocutor, 'but it did not apply to young Belgians. Why did you help them to cross the frontier, when they would have been perfectly free and safe in staying here?'

Miss Cavell treated this question with the silent contempt it deserved.

She knew only too well what freedom and safety had been accorded to many Belgians of military age who had been found in their own desecrated fatherland.

She not only admitted that she had a.s.sisted refugees to escape, but she acknowledged that she had received letters of thanks from those who had reached England in safety. This was a vital admission. German evidence alone could have charged her with an 'attempt' to commit the crime, but the letters of thanks conclusively proved that she had 'committed' the offence.

Among the other prisoners, M. Philippe Bancq was equally fearless.

Without a quaver he admitted that he had a.s.sisted young Belgians to escape and rejoin their army. 'As a good Belgian patriot,' said he, 'I am ready to lay down my life for my country.'

The Military Prosecutor demanded that the death penalty be pa.s.sed upon Nurse Cavell and eight other prisoners. Whether the Englishwoman's compa.s.sionate conduct that was her offence and her heroic bearing under trial made an impression on her judges, one cannot tell. Their apparent disagreement may only have been a theatrical adjunct to the tragedy which Baron von Bissing had staged with consummate care. It may have been that they lacked the moral courage to p.r.o.nounce sentence in her presence. In any case, judgement was postponed. In an ordinary trial this respite would have given play to hope, the miserable man's G.o.d, which keeps the soul from sinking in despair.

But hope could neither flatter nor deceive Edith Cavell as she was led back under escort to her cell to wait--to wait for the a.s.sured condemnation that her eyes of courage must have perceived at the end of the cul-de-sac of German infamy.

VI

THE FIGHT FOR A LIFE

The trial had occupied two days, and had ended on Friday, October 8. M.

Kirschen had promised to keep M. de Leval informed how the matter was proceeding. He duly notified the date of the trial; but in thorough keeping with what had gone before, during the two days' progress of the inquiry he made no sign. He did not disclose that the Military Prosecutor had asked for the death penalty; he maintained silence even when the sentence was promulgated. Thus he was a party to cutting off the unhappy prisoner from the only friends who could bring powerful influence to bear upon the authorities for a revision of the sentence.

Kirschen not only did not communicate with M. de Leval, but he disappeared entirely after the trial.

It is placed on record by one present in court that Kirschen pleaded well for his client, but it is doubtful if it were more than a formal plea for mercy for one who was prejudged and her fate already sealed.

That Kirschen is believed to be an Austrian by birth, although a naturalized Belgian, doubtless explains much that for a time had mystified the officials of the American Legation. It makes one's gorge rise to think that while the German conspirators pretended to allow the prisoner a friendly advocate, he was in reality a hideous travesty, a hypocritical cat's-paw of the Department of the Governor-General.

After the perpetration of the crime M. Kirschen informed a sceptical world that he was not of Austrian origin, but was born at Ja.s.sy, in Roumania. He also denied that he promised to inform the American Legation about the sentence, and, in fact, did not know until it was announced publicly. It need only be commented that M. de Leval's letters to his chief are in emphatic contradiction, and there is no doubt whose word is worthy of credence.

Failing to find M. Kirschen or learn any news of him, on Sunday night M.

de Leval went to see Baron von der Lancken. The Baron was out, and Mr.

Conrad, a subordinate, was unable to give any information.

On Monday morning M. de Leval was informed by Conrad that the American Legation would be made acquainted with the judgement immediately it was p.r.o.nounced, at the same time volunteering the a.s.surance that it need not be expected for 'a day or two.'

M. de Leval did not propose to rely upon any German a.s.surances, and, further, was bent upon learning some of the details of the trial. In view of M. Kirschen's continued silence, he called at the house of the advocate at 12.30, but was informed that he would not be at home until late in the afternoon. He therefore proceeded to the house of another lawyer, who had been interested in one of Miss Cavell's fellow prisoners, but failed also to find that gentleman. However, he called upon M. de Leval a few hours later, and reported that he had heard that judgement would be pa.s.sed on Tuesday morning. He also said that he had good grounds for believing that the sentence of the court would be severe for all the prisoners.