l," yet no further information
reached the American Legation from Miss Cavell's counsel, who for some
reason did not advise the American Legation that the trial had commenced
on the 7th and had been concluded on the 8th. The American Legation only
learned the fact of the trial from "an outsider," and it at once
proceeded to look for M. Kirschen. Unfortunately he could not be
located, and thereupon the counsel for the American Legation wrote him
on Sunday, October 10th, and asked him to send his report to the
Legation or to call on the following day.

Having no word from M. Kirschen as late as October 11th (his last
communication with the American Legation being on October 3rd), the
counsel for the Legation twice called at his house and again failed to
find him in or to receive any message from him. It is clear that if M.
Kirschen had advised the American Legation as to the developments of the
trial on October 7th and 8th and had further advised the Legation
promptly as to the conclusion of the trial and its probable outcome,
there is a reasonable possibility that Miss Cavell's life might have
been saved; but for some reason, as to which M. Kirschen certainly owes
an explanation to the civilized world, he failed to keep his positive
promise to keep the American Legation fully advised, and in view of this
fact his assurance to the American Legation "that the Military Court of
Brussels was always perfectly fair, and that there was not the slightest
danger of any miscarriage of justice," must be taken with a very large
"grain of salt."

The significant fact remains that the American Legation never heard that
the trial had taken place until the day after, and then only learned it
from "an outsider." Had the American Legation sent a representative to
the trial, the world would then have a much clearer knowledge upon which
to base its judgment; but when M. Deleval suggested his intention to
attend the trial, as a representative of the Legation, he was advised by
M. Kirschen that such an act "would cause great prejudice to the
prisoner because the German judges would resent it."

What an indictment of the court! Even to see a representative of the
American Government at the trial, in the interests of fair play, would
prejudice the minds of the Judges against the unfortunate woman who was
being tried for a capital offense without any previous opportunity to
confer with counsel. There may be a satisfactory explanation for M.
K