The arrest took place on August 5, but the fact was carefully concealed--and the significant reason is not far to seek. Germany had agreed that all British civil subjects in Belgium, so long as the German army occupied the country, were under the protection of the United States Minister. Baron von Bissing's paramount duty was to notify Miss Cavell's arrest without delay to Mr. Brand Whitlock, the American Minister in Brussels.
This obviously honourable course found no place in von Bissing's villanous scheme of vengeance. If he could avoid it, he had no intention of allowing his English prisoner the benefit of neutral protection. But news of the arrest did in due course reach the American Legation, and Mr. Whitlock at once commenced to make inquiries, in which he was assisted by Mr. Hugh Gibson, his secretary, and Maitre G. de Leval, a Belgian advocate and legal adviser to the Legation.
On August 31 Mr. Whitlock wrote to Baron von der Lancken, the German Political Minister in Brussels, asking whether it was true that Miss Edith Cavell had been arrested. If so, the reasons for the arrest were requested, and the German judicial authorities were asked to allow M. de Leval to interview the prisoner and make arrangements for her defence.
Baron von der Lancken having vouchsafed no answer to the American Minister, Mr. Whitlock reiterated his request on September 10, which elicited a reply that was delivered on the 21st. It was ominously suggestive that the Baron had dated his letter September 12, obviously a crafty subterfuge to palliate the delay, which was all part and parcel of a treacherous intention to deceive those who had the temerity to desire that justice be done to Nurse Cavell.
The Baron's letter stated that the accused admitted that she had facilitated the departure from Belgium of British, French, and Belgians of military age. Her defence was in the hands of Advocate Braun, who was in touch with the competent German authorities. The missive ended with the statement that for M. de Leval to be permitted to visit Miss Cavell, so long as she was in solitary confinement, would be contrary to the principles of the Department of the Governor-General.
Promptly the American Legation wrote to M. Braun, requesting him to attend at the Legation in order that he might afford details of the accusation made against his client, and further to consort arrangements for her defence.