The Case of Edith Cavell: A Study of the Rights of Non-CombatantsBeck, James M. (James Montgomery)
History
The Case of Edith Cavell: A Study of the Rights of Non-Combatants
Beck, James M. (James Montgomery)
Cavell, Edith, 1865-1915
The discourtesy of such silence to a great and friendly nation needs no
comment, and will simply serve to remind the American people that
Germany has never yet replied to another request of the United States
that Germany disavows the massacre of nearly 200 American men, women,
and children on the Lusitania.
Not hearing from Baron von der Lancken, our Minister on September 10th
again wrote to him and again asked for a reply. He asked for the
opportunity "_to take up the defense of Miss Cavell with the least
possible delay_." To this, Baron Lancken deigned to reply by an ex parte
statement that Miss Cavell had admitted
"having concealed in her house various English and French soldiers,
as well as Belgians of military age, all anxious to proceed to the
front. She also acknowledged having supplied these soldiers with
the funds necessary to proceed to the front and having facilitated
their departure from Belgium by finding guides to assist them in
clandestinely crossing the frontier."
The Baron further answered that her defense had been intrusted to an
advocate by the name of Braun, "_who is already in touch with the proper
German authorities_," and added:
"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."
It will thus be seen and will hereafter appear more fully that in
advance of her trial Miss Cavell was kept in solitary confinement and
was denied any opportunity to confer with counsel in order to prepare
her defense. Her communication with the outside world was wholly cut
off, with the exception of a few letters, which she was permitted to
write under censorship to her assistants in the school for nurses, and
it is probable that in this way the fact of her imprisonment first
became known to her friends.
The fact remains that the desire of the American Minister to have
counsel see her with a view to the selection of such counsel as Miss
Cavell might desire, was refused, and even the counsel whom the German
Military Court permitted to act, was denied any opportunity to see his
client until the trial. The counsel in question was a M. Braun, a
Belgian advocate of recognised standing, but for some reason, which does
not appear, he was unable or declined to act for Miss Cavell and he
secured for her defense another Belgian lawyer, whose name was Kirschen.
According to credible information, Kirschen was a German by birth,
although a naturalized Belgian subject and a member of the Brussels bar,
but it will hereafter appear that the steps which he took to keep the
American Legation--the one possible salvation for Miss Cavell--advised
as to the progress of events, were to say the least peculiar.
Public-domain text, read in full here on John Shaqi.
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