When he had finished reading the note Lancken said that he knew nothing of the case, but was sure in any event that no sentence would be executed so soon as we had said. He manifested some surprise, not to say annoyance, that we should give credence to any report in regard to the case which did not come from his department, that being the only official channel. Leval and I insisted, however, that we had reason to believe our reports were correct and urged him to make inquiries. He then tried to find out the exact source of our information, and became insistent. I did not propose, however, to enlighten him on this point, and said that I did not feel at liberty to divulge our source of information.

Lancken then became persuasive—said that it was most improbable that any sentence had been pronounced; that even if it had, it could not be put into effect within so short a time, and that in any event all government offices were closed and that it was impossible for him to take any action before morning. He suggested that we all go home "reasonably," sleep quietly, and come back in the morning to talk about the case. It was very clear that if the facts were as we believed them to be the next morning would be too late, and we pressed for immediate inquiry. I had to be rather insistent on this point, and De Leval, in his anxiety, became so emphatic that I feared he might bring down the wrath of the Germans on his own head, and tried to quiet him. There was something splendid about the way De Leval, a Belgian, with nothing to gain and everything to lose, stood up for what he believed to be right and chivalrous, regardless of consequences to himself.

Finally, Lancken agreed to inquire as to the facts, telephoned from his office to the presiding judge of the court-martial, and returned in a short time to say that sentence had indeed been passed and that Miss Cavell was to be shot during the night.

We then presented with all the earnestness at our command the plea for clemency. We pointed out to Lancken that Miss Cavell's offences were a matter of the past; that she had been in prison for some weeks, thus effectually ending her power for harm; that there was nothing to be gained by shooting her, and, on the contrary, this would do Germany much more harm than good and England much more good than harm. We pointed out to him that the whole case was a very bad one from Germany's point of view; that the sentence of death had heretofore been imposed only for cases of espionage, and that Miss Cavell was not even accused by the German authorities of anything so serious. At the time there was no intimation that Miss Cavell was guilty of espionage. It was only when public opinion had been aroused by her execution that the German government began to refer to her as "the spy Cavell." According to the German statement of the case, there is no possible ground for calling her a spy. We reminded him that Miss Cavell, as directress of a large nursing home, had, since the beginning of the war, cared for large numbers of German soldiers in a way that should make her life sacred to them. I further called his attention to the manifest failure of the Political Department to comply with its repeated promises to keep us informed as to the progress of the trial and the passing of the sentence. The deliberate policy of subterfuge and prevarication by which they had sought to deceive us as to the progress of the case was so raw as to require little comment. We all pointed out to Lancken the horror of shooting a woman, no matter what her offence, and endeavored to impress upon him the frightful effect that such an execution would have throughout the civilized world. With a sneer he replied that, on the contrary, he was confident that the effect would be excellent.

When everything else had failed we asked Lancken to look at the case from the point of view solely of German interests, assuring him that the execution of Miss Cavell would do Germany infinite harm. We reminded him of the burning of Louvain and the sinking of the Lusitania, and told him that this murder would rank with those two affairs and would stir all civilized countries with horror and disgust. Count Harrach broke in at this with the rather irrelevant remark that he would rather see Miss Cavell shot than have harm come to the humblest German soldier, and his only regret was that they had not "three or four old English women to shoot."

The Spanish Minister and I tried to prevail upon Lancken to call Great Headquarters, at Charleville, on the telephone and have the case laid before the Emperor for his decision. Lancken stiffened perceptibly at this suggestion and refused, frankly—saying that he could not do anything of the sort. Turning to Villalobar, he said, "I can't do that sort of thing. I am not a friend of my sovereign as you are of yours," to which a rejoinder was made that in order to be a good friend one must be loyal and ready to incur displeasure in case of need. However, our arguments along this line came to the point of saying that the military governor of Brussels was the supreme authority (Gerichtsherr) in matters of this sort, and that even the Governor General had no power to intervene. After further argument he agreed to get General von Sauberschweig, the military governor, out of bed to learn whether he had already ratified the sentence and whether there was any chance for clemency.

Lancken was gone about half an hour, during which time the three of us labored with Harrach and Falkenhausen, without, I am sorry to say, the slightest success. When Lancken returned he reported that the military governor had acted in this case only after mature deliberation; that the circumstances of Miss Cavell's offence were of such a 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." (Although accepted at the time as true, this statement was later found to be entirely false and is understood to have displeased the Emperor. The Emperor could have stopped the execution at any moment.)

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 favor 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 civilization. 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.