A Noble Woman: The Life-Story of Edith CavellProtheroe, Ernest
History
A Noble Woman: The Life-Story of Edith Cavell
Protheroe, Ernest
Cavell, Edith, 1865-1915
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.
Public-domain text, read in full here on John Shaqi.
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