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
Having no word from M. Kirschen as late as October 11th (his last
communication with the American Legation being on October 3rd), the
counsel for the Legation twice called at his house and again failed to
find him in or to receive any message from him. It is clear that if M.
Kirschen had advised the American Legation as to the developments of the
trial on October 7th and 8th and had further advised the Legation
promptly as to the conclusion of the trial and its probable outcome,
there is a reasonable possibility that Miss Cavell's life might have
been saved; but for some reason, as to which M. Kirschen certainly owes
an explanation to the civilized world, he failed to keep his positive
promise to keep the American Legation fully advised, and in view of this
fact his assurance to the American Legation "that the Military Court of
Brussels was always perfectly fair, and that there was not the slightest
danger of any miscarriage of justice," must be taken with a very large
"grain of salt."
The significant fact remains that the American Legation never heard that
the trial had taken place until the day after, and then only learned it
from "an outsider." Had the American Legation sent a representative to
the trial, the world would then have a much clearer knowledge upon which
to base its judgment; but when M. Deleval suggested his intention to
attend the trial, as a representative of the Legation, he was advised by
M. Kirschen that such an act "would cause great prejudice to the
prisoner because the German judges would resent it."
What an indictment of the court! Even to see a representative of the
American Government at the trial, in the interests of fair play, would
prejudice the minds of the Judges against the unfortunate woman who was
being tried for a capital offense without any previous opportunity to
confer with counsel. There may be a satisfactory explanation for M.
Kirschen's conduct in the matter, but it has not yet appeared. It
should, however, be added, in fairness to him, that the anonymous
"outsider," from whom the American Legation got its only information as
to the developments of the trial, stated that Kirschen "made a very good
plea for Miss Cavell, using all arguments that could be brought in her
favor before the court."
This does not give the lover of fair play a great deal of comfort, for
if the anonymous informant was not a lawyer, the value to be attached to
his or her estimate of Kirschen's plea must be regarded as doubtful.
The same unknown informant told the American Legation that 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." It
is stated on the same anonymous authority that Miss Cavell acknowledged
the assistance thus given and admitted that some of them had "thanked
her in writing when arriving in England."
Public-domain text, read in full here on John Shaqi.
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