The Guardian. FRIDAY, FEBRUARY 11, 1921. THE CASE OF MISS CAVELL.

Hokitika Guardian, 11 February 1921, Page 2

The Guardian. FRIDAY, FEBRUARY 11, 1921. THE CASE OF MISS CAVELL.

Aln Buand Whitlock, American Minister at Brussels during .the earlier part of the war, has in his “Memoirs” discussed the case of .Miss Cavell, in which lie attempted to intervene, though without success. Further light is thrown on the affair by the official documents relating to the trial, which have been translated with explanatory com mens by M. Ambroise Got, and which prove, if further proof were required. that the execution was none the less a murdler because it was clothed with the outward forms of legality. Of course, it is not contended that Miss Cavell had committed no offence; t.ie point is that she had committed none for which the death 'penalty was provided. She had, as she freely admitted, helped British, French, and Belgian soldiers to escape over the frontier into Dutch territory; she was charged under an article of the military penal code imposing a penalty of imprisonment foi life on delinquents who “convey troops to the enemy.” Clearly the two things are quite different. To smuggle a soldier into Dutch territory is not the same as to send him to swell the ranks of Germany’s enemies. Once over the border he wa» free to act as lie pleased; his helper’s responsibility -iad eOasigl. What he did was no concern of theirs. But apart from t.ie fact that Nurse Cavell was condemned for an offence of which she was not guilty, the whole proceedings against her and her “*aceompliees” were characterised by an absolute disregard for justice. Tn the first place, they were induced to make “confessions.” not knowing that these would be used against them. At the trial thi> Court had obviously made up its mind before evidence was called, and some of .the evidence allowed would never have been admitted in a British Court. Finally, five of the accused wore sentenced to death, and lodged an appeal. And at this point comes the most monstrous miscarriage of justice in the whole affair. The Governor °f Brussels forthwith confirms the sentences passed on Nurse Cavell and Baitcq, and orders that they he carried out immediately. Ho gives instructions that the execution of the sentences passed on the other three he postponed, pending the "hearing of the appeals. Why the discriminaton ? Meanwhile, almost at the last moment, the [American and Spanish Ministers hear of what is happening and protest. They are, told that nothing can stay the course of “justice,” even the Emperor himself was powerless to “intervene, and appeals are useless. This was untrue, for, as a matter of fact, the death sentences passed on the other two were eventually commuted. That the Germans were uneasy is shown by the secrecy of the proceedings, and the speed with which the various formalities were carried through. The normal routine was accelerated, and the whole tiling was over before the neutral diplomats had time to organise any effective remonstrance. Germany’s conduct of t.ie war was marked by many a shameful act, hut none lias shocked the conscience of the world more violently than the deliberate and cold-blooded murder of Nurse Cavell and Baucq on a false charge, for which, even had it been irue, the death penalty was not apI dinted.