Lancken was gone about half an hour, during which time the three of us laboured with Harrach and Falkenhausen, without, I am sorry to say, the slightest success. When Lancken returned he reported that the Military Governor said that he had acted in this case only after mature deliberation; that the circumstances of Miss Cavell's offense were of such character that he considered infliction of the death penalty imperative. Lancken further explained that under the provisions of German Military Law, the Gerichtsherr had discretionary power to accept or to refuse to accept an appeal for clemency; that in this case the Governor regretted that he must decline to accept the appeal for clemency or any representations in regard to the matter.
We then brought up again the question of having the Emperor called on the telephone, but Lancken replied very definitely that the matter had gone too far; that the sentence had been ratified by the Military Governor, and that when matters had gone that far, "even the Emperor himself could not intervene."[13]
He then asked me to take back the note I had presented to him. I at first demurred, pointing out that this was not an appeal for clemency, but merely a note to him, transmitting a note to the Governor, which was itself to be considered the appeal for clemency. I pointed out that this was especially stated in the Minister's note to him, and tried to prevail upon him to keep it. He was very insistent, however, and inasmuch as he had already read the note aloud to us and we knew that he was aware of its contents, it seemed that there was nothing to be gained by refusing to accept the note, and I accordingly took it back.
Despite Lancken's very positive statements as to the futility of our errand, we continued to appeal to every sentiment to secure delay and time for reconsideration of the case. The Spanish Minister led Lancken aside and said some things to him that he would have hesitated to say in the presence of Harrach, Falkenhausen, and de Leval, a Belgian subject. Lancken squirmed and blustered by turns, but stuck to his refusal. In the meantime I went after Harrach and Falkenhausen again. This time, throwing modesty to the winds, I reminded them of some of the things we had done for German interests at the outbreak of the war; how we had repatriated thousands of German subjects and cared for their interests; how during the siege of Antwerp I had repeatedly crossed the lines during actual fighting at the request of Field Marshal von der Goltz to look after German interests; how all this service had been rendered gladly and without thought of reward; that since the beginning of the war we had never asked a favour of the German authorities and it seemed incredible that they should now decline to grant us even a day's delay to discuss the case of a poor woman who was, by her imprisonment, prevented from doing further harm, and whose execution in the middle of the night, at the conclusion of a course of trickery and deception, was nothing short of an affront to civilisation. Even when I was ready to abandon all hope, de Leval was unable to believe that the German authorities would persist in their decision, and appealed most touchingly and feelingly to the sense of pity for which we looked in vain.
Our efforts were perfectly useless, however, as the three men with whom we had to deal were so completely callous and indifferent that they were in no way moved by anything that we could say.
Notes in Miss Cavell's prayer book