The Military Prosecutor replied that while this argument might be made concerning English soldiers, it could not apply to Belgians, who were free to remain in the country without danger. The subsequent behaviour of the German authorities to the Belgian young men who remained in the country does not lend any considerable weight to the remarks of the Public Prosecutor.
In concluding his plea, the Public Prosecutor asked that the court pass the sentence of death upon Miss Cavell and eight other prisoners among the thirty-five brought to trial.
Upon ascertaining these facts Maître de Leval called at the Political Department and asked that, the trial having taken place, permission be granted him to see Miss Cavell in person, as there could be no further objection to consultation. Herr Conrad, an official of the Political Department, who received Maître de Leval, stated that he would make enquiry of the court and communicate with him later.
The foregoing are the developments up to Sunday night, October 10th. Subsequent developments are shown by the following extracts from a journal made at the time:
Brussels, October 12, 1915.—When I came in yesterday morning I found information which seemed to confirm previous reports that Miss Cavell's trial had been concluded on Saturday afternoon and that the prosecution had asked that the death sentence be imposed. Monsieur de Leval promptly called the Political Department over the telephone and talked to Conrad, repeating our previous requests that he be authorised to see Miss Cavell in prison. He also asked that Mr. Gahan, the English chaplain, be permitted to visit her. Conrad replied that it had been decided that Mr. Gahan could not see her, but that she could see any of the three Protestant clergymen (Germans) attached to the prison; that de Leval could not see her until the judgment was pronounced and signed. He said that as yet no sentence had been pronounced and that there would probably be a delay of a day or two before a decision was reached. He stated that even if the judgment of the court had been given, it would have no effect until it had been confirmed by the Governor, who was absent from Brussels and would not return for two or possibly three days. We asked Conrad to inform the Legation immediately upon the confirmation of the sentence in order that steps might be taken to secure a pardon if the judgment really proved to be one of capital punishment. Conrad said he had no information to the effect that the court had acceded to the request for the death sentence, but promised to keep us informed. I stood by the telephone and could overhear both de Leval and Conrad.
Despite the promise of the German authorities to keep us fully posted, we were nervous and apprehensive and remained at the Legation all day, making repeated enquiry by telephone to learn whether a decision had been reached. On each of these occasions the Political Department renewed the assurance that we would be informed as soon as there was any news. In order to be prepared for every eventuality, we drew up a petition for clemency addressed to the Governor-General, and a covering note addressed to Baron von der Lancken, in order that they might be presented without loss of time in case of urgent need.
A number of people had been arrested and tried for helping men to cross into Holland, but, so far as we know, the death sentence had never been inflicted. The usual thing was to give a sentence of imprisonment in Germany. The officials at the Political Department professed to be skeptical as to the reported intention of the court to inflict the death sentence, and led us to think that nothing of the sort need be apprehended.
None the less we were haunted by a feeling of impending horror that we could not shake off. I had planned to ride in the afternoon, but when my horse was brought around, I had it sent away and stayed near the telephone. Late in the afternoon de Leval succeeded in getting into communication with a lawyer interested in one of the accused. He said that the German Kommandantur had informed him that judgment would be passed the next morning, Tuesday. He was worried as to what was in store for the prisoners and said he feared the court would be very severe.
At 6.20 I had Topping (clerk of the Legation) telephone Conrad again. Once more we had the most definite assurances that nothing had happened and a somewhat weary renewal of the promise that we should have immediate information when sentence was pronounced.[11]
At 8.30 I had just gone home when de Leval came for me in my car, saying that he had come to report that Miss Cavell was to be shot during the night. We could hardly credit this, but as our informant was so positive and insisted so earnestly, we set off to see what could be done.