The Last Plea Fails
With this letter and a plea for clemency addressed to the Governor-General, M. de Leval and Mr. Hugh Gibson, First Secretary of the Legation, went to the Marquis de Villalobar, the Spanish Minister, to beg his coöperation. He most heartily joined them and the three went to the house of the Civil Governor. Mr. Gibson reported the interview and its negative results to the American Minister:
“Baron von der Lancken and all the members of his staff were absent for the evening. We sent a messenger to ask that he return at once to see us in regard to a matter of utmost urgency. A little after 10 o’clock he arrived, followed shortly after by Count Harrach and Herr von Falkenhausen, members of his staff. The circumstances of the case were explained to him and your note presented, and he read it aloud in our presence. He expressed disbelief in the report that sentence had actually been passed, and manifested some surprise that we should give credence to any report not emanating from official sources. He was quite insistent on knowing the exact source of our information, but this I did not feel at liberty to communicate to him. Baron von der Lancken stated that it was quite improbable that sentence had been pronounced, that even if so, it would not be executed within so short a time, and that in any event it would be quite impossible to take any action before morning. It was, of course, pointed out to him that if the facts were as we believed them to be, action would be useless unless taken at once. We urged him to ascertain the facts immediately, and this, after some hesitancy, he agreed to do.
“He telephoned to the presiding judge of the court-martial and returned in a short time to say that the facts were as we had represented them, and that it was intended to carry out the sentence before morning. We then presented, as earnestly as possible, your plea for delay. So far as I am able to judge, we neglected to present no phase of the matter which might have had any effect, emphasizing the horror of executing a woman, no matter what her offense, pointing out that the death sentence had heretofore been imposed only for actual cases of espionage and that Miss Cavell was not even accused by the German authorities of anything so serious. I further called attention to the failure to comply with Mr. Conrad’s promise to inform the Legation of the sentence. I urged that inasmuch as the offences charged against Miss Cavell were long since accomplished, and that as she had been for some weeks in prison, a delay in carrying out the sentence could entail no danger to the German cause. I even went so far as to point out the fearful effect of a summary execution of this sort upon public opinion, both here and abroad, and, although I had no authority for doing so, called attention to the possibility that it might bring about reprisals.
THERE COULD BE NO APPEAL
“The Spanish Minister forcibly supported all our representations and made an earnest plea for clemency.
“Baron von der Lancken stated that the Military Governor was the supreme authority (‘Gerichtsherr’) in matters of this sort; that appeal from his decision could be carried only to the Emperor, the Governor-General having no authority to intervene in such cases. He added that under the provisions of German martial law the Military Governor had discretionary power to accept or to refuse acceptance of an appeal for clemency. After some discussion he agreed to call the Military Governor on the telephone and learn whether he had already ratified the sentence, and whether there was any chance for clemency. He returned in about half an hour, and stated that he had been to confer personally with the Military Governor, who said that he had acted in the case of Miss Cavell only after mature deliberation; that the circumstances in her case were of such a character that he considered the infliction of the death penalty imperative; and that in view of the circumstances of this case he must decline to accept your plea for clemency or any representation in regard to the matter.
“Even after Baron von der Lancken’s very positive and definite statement that there was no hope, and that under the circumstances ‘even the Emperor himself could not intervene,’ we continued to appeal to every sentiment to secure delay, and the Spanish Minister even led Baron von der Lancken aside in order to say very forcibly a number of things which he would have felt hesitancy in saying in the presence of the younger officers and of M. de Leval, a Belgian subject.
“His Excellency talked very earnestly with Baron von der Lancken for about a quarter of an hour. During this time M. de Leval and I presented to the younger officers every argument we could think of. I reminded them of our untiring efforts on behalf of German subjects at the outbreak of war and during the siege of Antwerp. I pointed out that, while our services had been rendered gladly and without any thought of future favors, they should certainly entitle you to some consideration for the only request of this sort you had made since the beginning of the war. Unfortunately, our efforts were unavailing. We persevered until it was only too clear that there was no hope of securing any consideration for the case.”