rs who had died
in captivity, with the beautiful inscription:
"To our Comrades, who here died for their dear Fatherland."
What could be more chivalrous or present a greater contrast to the
assassination of Miss Cavell?
We are advised by Dr. Zimmermann that Miss Cavell was given a fair trial
and was justly convicted, but as the proceedings of the trial were not
public and as Miss Cavell was denied knowledge in advance of the trial
of the nature of the charges against her, _and as we know little of the
circumstances of her alleged offense except the reports of her judges
and executioners_, the world will be somewhat incredulous as to whether
the trial was as just to the accused as Dr. Zimmermann would have us
believe.
The difficulty with this assurance is that the German conception of what
is a fair trial differs from that which prevails in Anglo-Saxon
countries, just as the German word "Gerechtigkeit" does not convey the
same mental or moral conception as the English word "justice."
"Gerechtigkeit" means little more to the Teutonic mind than the exercise
of the power of the State, and claims no further sanction than its
authority. In England, France, and the United States the idea of justice
is that an individual has certain fundamental and inalienable rights
which even the State cannot override, and none of these fundamental
rights have been more highly valued in the evolution of English liberty
than the rights of a defendant who is charged with crime. Whether guilty
or not guilty, he cannot be arrested without a judicial warrant on proof
of probable cause; he may not be compelled to testify against himself;
he is entitled to a speedy trial and shall be informed in advance
thereof of the exact nature of the accusation; his trial shall be public
and open, and he shall be confronted with the witnesses against him and
have compulsory process for his own defense; in advance of trial he
shall have permission to select his own counsel, and shall have the
opportunity to confer freely with him.
_Most of these fundamental rights were denied to Miss Cavell._
It is difficult to understand why, in view of the policy of terrorism,
which has prevailed in Belgium from the time that the invader first
crossed its frontier, the justice from the standpoint of military law
should be referred to in Herr Zimmermann's defense. In the official
textbook of the General Staff of the German Army the definite policy of
terrorizing
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