Nelson's history of the war. Vol. XI., The struggle for the Dvina, and the great invasion of Serbia

APPENDIX I. 159

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 offence, 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. 1 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.

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 refuse acceptance of an appeal for clemency. After some discussion he agreed to call the Military Governor on to the telephone and learn whether he had already ratified the sentence, and whether there was any chance for clemency. He returned in about