VI
THE FIGHT FOR A LIFE
The trial had occupied two days, and had ended on Friday, October 8. M. Kirschen had promised to keep M. de Leval informed how the matter was proceeding. He duly notified the date of the trial; but in thorough keeping with what had gone before, during the two days' progress of the inquiry he made no sign. He did not disclose that the Military Prosecutor had asked for the death penalty; he maintained silence even when the sentence was promulgated. Thus he was a party to cutting off the unhappy prisoner from the only friends who could bring powerful influence to bear upon the authorities for a revision of the sentence. Kirschen not only did not communicate with M. de Leval, but he disappeared entirely after the trial.
It is placed on record by one present in court that Kirschen pleaded well for his client, but it is doubtful if it were more than a formal plea for mercy for one who was prejudged and her fate already sealed. That Kirschen is believed to be an Austrian by birth, although a naturalized Belgian, doubtless explains much that for a time had mystified the officials of the American Legation. It makes one's gorge rise to think that while the German conspirators pretended to allow the prisoner a friendly advocate, he was in reality a hideous travesty, a hypocritical cat's-paw of the Department of the Governor-General.
After the perpetration of the crime M. Kirschen informed a sceptical world that he was not of Austrian origin, but was born at Jassy, in Roumania. He also denied that he promised to inform the American Legation about the sentence, and, in fact, did not know until it was announced publicly. It need only be commented that M. de Leval's letters to his chief are in emphatic contradiction, and there is no doubt whose word is worthy of credence.
Failing to find M. Kirschen or learn any news of him, on Sunday night M. de Leval went to see Baron von der Lancken. The Baron was out, and Mr. Conrad, a subordinate, was unable to give any information.
On Monday morning M. de Leval was informed by Conrad that the American Legation would be made acquainted with the judgement immediately it was pronounced, at the same time volunteering the assurance that it need not be expected for 'a day or two.'
M. de Leval did not propose to rely upon any German assurances, and, further, was bent upon learning some of the details of the trial. In view of M. Kirschen's continued silence, he called at the house of the advocate at 12.30, but was informed that he would not be at home until late in the afternoon. He therefore proceeded to the house of another lawyer, who had been interested in one of Miss Cavell's fellow prisoners, but failed also to find that gentleman. However, he called upon M. de Leval a few hours later, and reported that he had heard that judgement would be passed on Tuesday morning. He also said that he had good grounds for believing that the sentence of the court would be severe for all the prisoners.