No reply was received to this communication, and on September 10th the Legation addressed a further note to Baron von der Lancken, Chief of the Political Department, calling his attention to the matter and asking that he enable the Legation to take such steps as might be necessary for Miss Cavell's defense.
On September 12th a reply was received from Baron von der Lancken in which it was stated that Miss Cavell had been arrested on August 5th and was still in the military prison of St. Gilles. The note continued:
She has herself admitted that she concealed in her house French and English soldiers, as well as Belgians of military age, all desirous of proceeding to the front. She has also admitted having furnished these soldiers with the money necessary for their journey to France, and having facilitated their departure from Belgium by providing them with guides, who enabled them to cross the Dutch frontier secretly.
Miss Cavell's defense is in the hands of the advocate Braun, who, I may add, is already in touch with the competent German authorities.
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.
Under the provisions of international law the American Minister could take no action while the case was before the courts. It is an elementary rule that the forms of a trial must be gone through without interference from any source. If, when the sentence has been rendered, it appears that there has been a denial of justice, the case may be taken up diplomatically, with a view to securing real justice. Thus in the early stages of the case the American Minister was helpless to interfere. All that he could do while the case was before the courts was to watch the procedure carefully and be prepared with a full knowledge of the facts to see that a fair trial was granted.
Maître de Leval communicated with Mr. Braun, who said that he had been prevented from pleading before the court on behalf of Miss Cavell, but had asked his friend and colleague, Mr. Kirschen, to take up the case. Maître de Leval then communicated with Mr. Kirschen, and learned from him that lawyers defending prisoners before German military courts were not allowed to see their clients before the trial and were shown none of the documents of the prosecution. It was thus manifestly impossible to prepare any defense save in the presence of the court and during the progress of the trial. Maître de Leval, who from the beginning to the end of the case showed a most serious and chivalrous concern for the welfare of the accused, then told Mr. Kirschen that he would endeavour to be present at the trial in order to watch the case. Mr. Kirschen dissuaded him from attending the trial on the ground that it would only serve to harm Miss Cavell rather than help her; that the judges would resent the presence of a representative of the American Legation. Although it seems unbelievable that any man of judicial mind would resent the presence of another bent solely on watching the course of justice, Mr. Kirschen's advice was confirmed by other Belgian lawyers who had defended prisoners before the German military courts and spoke with the authority of experience. Mr. Kirschen promised, however, to keep Maître de Leval fully posted as to all the developments of the case and the facts brought out in the course of the trial.