September 12th a reply was received from Baron von der Lancken in
which it was stated that Miss Cavell had been arrested on August 5th and
was still in the military prison of St. Gilles. The note continued:
She has herself admitted that she concealed in her house French and
English soldiers, as well as Belgians of military age, all desirous
of proceeding to the front. She has also admitted having furnished
these soldiers with the money necessary for their journey to
France, and having facilitated their departure from Belgium by
providing them with guides, who enabled them to cross the Dutch
frontier secretly.
Miss Cavell's defense is in the hands of the advocate Braun, who, I
may add, is already in touch with the competent German authorities.
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.
Under the provisions of international law the American Minister could
take no action while the case was before the courts. It is an elementary
rule that the forms of a trial must be gone through without interference
from any source. If, when the sentence has been rendered, it appears
that there has been a denial of justice, the case may be taken up
diplomatically, with a view to securing real justice. Thus in the early
stages of the case the American Minister was helpless to interfere. All
that he could do while the case was before the courts was to watch the
procedure carefully and be prepared with a full knowledge of the facts
to see that a fair trial was granted.
Maitre de Leval communicated with Mr. Braun, who said that he had been
prevented from pleading before the court on behalf of Miss Cavell, but
had asked his friend and colleague, Mr. Kirschen, to take up the case.
Maitre de Leval then communicated with Mr. Kirschen, and learned from
him that lawyers defending prisoners before German military courts were
not allowed to see their clients before the trial and were shown none of
the documents of the prosecution. It was thus manifestly impossible to
prepare any defense save in the presence of the court and during the
progress of the trial. Maitre de Leval, who from the beginning to the
end of the case showed a most
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