Not hearing from Baron von der Lancken, our Minister on September 10th again wrote to him and again asked for a reply. He asked for the opportunity "to take up the defense of Miss Cavell with the least possible delay." To this, Baron Lancken deigned to reply by an ex parte statement that Miss Cavell had admitted
"having concealed in her house various English and French soldiers, as well as Belgians of military age, all anxious to proceed to the front. She also acknowledged having supplied these soldiers with the funds necessary to proceed to the front and having facilitated their departure from Belgium by finding guides to assist them in clandestinely crossing the frontier."
The Baron further answered that her defense had been intrusted to an advocate by the name of Braun, "who is already in touch with the proper German authorities," and added:
"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."
It will thus be seen and will hereafter appear more fully that in advance of her trial Miss Cavell was kept in solitary confinement and was denied any opportunity to confer with counsel in order to prepare her defense. Her communication with the outside world was wholly cut off, with the exception of a few letters, which she was permitted to write under censorship to her assistants in the school for nurses, and it is probable that in this way the fact of her imprisonment first became known to her friends.
The fact remains that the desire of the American Minister to have counsel see her with a view to the selection of such counsel as Miss Cavell might desire, was refused, and even the counsel whom the German Military Court permitted to act, was denied any opportunity to see his client until the trial. The counsel in question was a M. Braun, a Belgian advocate of recognised standing, but for some reason, which does not appear, he was unable or declined to act for Miss Cavell and he secured for her defense another Belgian lawyer, whose name was Kirschen. According to credible information, Kirschen was a German by birth, although a naturalized Belgian subject and a member of the Brussels bar, but it will hereafter appear that the steps which he took to keep the American Legation—the one possible salvation for Miss Cavell—advised as to the progress of events, were to say the least peculiar.
Except for the explanations made by the German Civil Governor, we know very little as to what defense, if any, Miss Cavell made. From one of the inspired sources comes the statement that she freely admitted her guilt, and from her last interview with the English clergyman it would appear that she probably did admit some infraction of military law. But from another German source we learn the following:
"During the trial in the Senate Chamber the accused, almost without exception, gave the impression of persons cleverly simulating naïve innocence. It was not a mere coincidence that two-thirds of the accused were women.
"The Englishwoman, Edith Cavell, who has already been executed, declared that she had believed as an Englishwoman that she ought to do her country service by giving lodgings in her house to soldiers and recruits who were in peril. She naturally denied that she had drawn other people into destruction by inducing them to harbor refugees when her own institute was overtaxed."
From this meagre information we can only infer that Miss Cavell did admit that she had sheltered some soldiers and recruits who were in peril, and while this undoubtedly constituted a grave infraction of military law, yet it does not present in a locality far removed from the actual war zone a case either of espionage or high treason, and is of that class of offenses which have always been punished on the highest considerations of humanity and chivalry and with great moderation.