Deeds of heroism and bravery : $b The book of heroes and personal daring
History
Deeds of heroism and bravery : $b The book of heroes and personal daring
World War, 1914-1918 -- Personal narratives
The trial began Thursday, Oct. 7. Some opinion of the value of Mr.
Kirschen’s assurance made “over and over again that the military court
of Brussels was always perfectly fair,” etc., may be formed from the
facts that Miss Cavell was not allowed to have a defender of her
friends’ choosing, that she had no record of the evidence, oral or
documentary, to study in preparation for her defense, that she was
kept in solitary confinement for over nine weeks without opportunity
to consult even with her legal advisers, during which time she was
subjected to repeated cross examinations, and statements said to have
been made by her confessing guilt were transmitted by the German
authorities to the lawyer who subsequently was to defend her.
The trial was conducted in German, a language she did not understand
and which had to be interpreted to her. As a commentator said, “It
obviously was impossible to place any adequate scheme of defense
with a lawyer whom she saw for the first time when the trial began,
a lawyer who had had no opportunity of studying the documents of
the prosecution. That Mr. Kirschen did the best he could under the
conditions is possible, though his subsequent conduct did not give
assurance of the devotion and profound interest to be expected of a
conscientious lawyer charged with an obligation that appealed at once
to his humanity and his chivalry.”
SENTENCED TO DEATH
The fullest account of the trial was that given in M. de Leval’s report
to Mr. Whitlock. It was as follows:
“Miss Cavell was prosecuted for having helped English and French
soldiers, as well as Belgian young men, to cross the frontier and to
go over to England. She had admitted by signing a statement before
the day of the trial, and by public acknowledgment in Court, in the
presence of all the other prisoners and the lawyers, that she was
guilty of the charges brought against her, and she had acknowledged
not only that she had helped these soldiers to cross the frontier, but
also that some of them had thanked her in writing when arriving in
England. This last admission made her case so much the more serious,
because if it only had been proved against her that she had helped the
soldiers to traverse the Dutch frontier, and no proof was produced
that these soldiers had reached a country at war with Germany, she
could only have been sentenced for an attempt to commit the ‘crime’
and not for the ‘crime’ being duly accomplished. As the case stood the
sentence fixed by the German military law was a sentence of death.
“Paragraph 58 of the German Military Code says:
“‘Will be sentenced to death for treason any person who, with the
intention of helping the hostile Power, or of causing harm to the
German or allied troops, is guilty of one of the crimes of paragraph
90 of the German Penal Code.’
“The case referred to in above said paragraph 90 consists in—
“... conducting soldiers to the enemy....’
Public-domain text, read in full here on John Shaqi.
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