1661: Oliver Cromwell, posthumously 1968: Nguyen Van Lem

January 31st, 2009 dogboy

On January 31, 1945, Private Edward Donald “Eddie” Slovik became a curious outlier of World War II: he was executed by firing squad by the U.S. Army for desertion. He is the only person to have been so punished for that crime since the Civil War.

Pvt Slovik was, by all accounts, quiet and helpful, by no means a coward, and more than willing to aid in the effort of World War II, traits which would have put him among a large class of that war’s veterans. Unfortunately, he was also immobilized by shelling. Equally unfortunately, he knew it, and he decided to do something about it.

Slovik and a friend, Pvt John F. Tankey, first separated from their detachment under artillery fire in late August 1944, shortly after being shipped to France. The pair hooked up with a Canadian unit and spent six weeks pitching in. Having recused themselves from the hard shelling others were experiencing on the front line, they opted to rejoin their regular U.S. unit: Slovik and Tankey sent a letter to their commanding officer explaining their absence and returned on Oct. 7.

But the front lines were not a place for Pvt Slovik.

After his assignment to the rifle unit, which would face imminent danger during shelling, Slovik asked to be placed in the rear guard, indicating he was too scared to remain in front. His request was refused. He then reportedly asked whether leaving the unit again would be considered desertion, was told it would be, and opted for the seemingly safer route of, well, deserting. One day later, Slovik was back at a U.S. camp, this time turning himself in to the camp cook. He had drafted a letter explaining his actions and indicating that he knowingly deserted, permanently recording his guilt on paper.

It’s not clear whether Pvt Slovik was acting on principles or out of an understanding of the U.S. military judicial system. He was by no means the only soldier without affinity for the conditions of war, particularly on the allied side. During the war, thousands of soldiers were tried and convicted in military courts for desertion, but up to then, all had received only time in the brig. What is clear is that Slovik was repeatedly offered opportunities to return to the line, and he equally repeatedly refused.

The case was adjudicated on Nov 11 by nine staff officers of the 28th Division, none of whom had yet been in battle. One of those judges, Benedict B. Kimmelman, wrote a stark and intriguing account of his role in the story of Pvt Slovik, capturing the scene thusly:

Five witnesses were heard. The cross-examinations were perfunctory. The defense made no closing argument. The court recessed for ten minutes, resumed, and retired almost immediately afterward. Three ballots were taken in closed court, the verdicts unanimously guilty on all counts. In open court once more, the president announced the verdict and the sentence: to be dishonorably discharged, to forfeit all pay and allowances due, and to be shot to death with musketry. The trial had begun at 10:00 A.M.; it was over at 11:40 A.M.

As with all court martial cases, Slovik’s was sent to a judge advocate for review. His criminal record, including everything from destruction of property to public intoxication to embezzlement, did not endear him to the reviewer. More importantly, though, the advocate felt Slovik could be made an example:

He has directly challenged the authority of the government, and future discipline depends upon a resolute reply to this challenge. If the death penalty is ever to be imposed for desertion, it should be imposed in this case, not as a punitive measure nor as retribution, but to maintain that discipline upon which alone an army can succeed against the enemy.

Strangely, Pvt Slovik was the only person who would be exemplified this way.

Though the military tried 21,000 desertion cases and passed down 49 death sentences for desertion during the war, it carried out only Slovik’s. And in the war’s final battles, with Germany collapsing, his execution seemed like a surreal throwback. As Kimmelman notes, hundreds if not thousands of soldiers were strictly guilty of dereliction of duty and desertion in the waning days of 1944.

They’re not shooting me for deserting the United Stated Army — thousands of guys have done that. They’re shooting me for bread I stole when I was 12 years old. (Source)

Three weeks after his conviction and three weeks before the Battle of the Bulge, Slovik’s execution order was confirmed by the 28th Division’s commander, Major General Norman “Dutch” Cota. Cota was disturbed by Slovik’s forthrightness in confessing to the desertion, and, as a front line commander who had sustained severe casualty rates in the Battle of Hurtgen Forest, had no sympathy for the crime.

After an appeal to the deaf ears of Dwight Eisenhower shortly before the sentence was to be carried out, Slovik was out of options. He was taken to the courtyard of an estate near the village of Sainte-Marie-aux-Mines and shot by 11 Army marksmen* at 10 a.m. By 10:04, as they were reloading, he was declared dead. His body was interred at a French cemetery, and after decades of lobbying the U.S. government, his remains were returned to Michigan in 1987.

Because he was dishonorably discharged, Slovik was not entitled to a pension, and his wife, Antoinette, stopped receiving payments. Curiously, though the Army managed to communicate this to her, they omitted the bit about the execution. She found out in 1953 from William Bradford Huie.

Huie was a journalist who took immediate interest in Slovik’s story, popularizing it with his book The Execution of Private Slovik, which was released in 1954. Twenty years later, the book and title were requisitioned for a well-received TV movie starring Martin Sheen.

Perhaps more interesting than this film was its never-produced predecessor, which is entitled to a place in the history of the Hollywood Blacklist. Frank Sinatra acquired rights to The Execution of Private Slovik and in 1960 announced that he would produce it as his directorial debut — with the script of this inherently political story to be written by “Hollywood Ten” blacklistee Albert Maltz. Maltz and other blackballed writers had continued working pseudonymously during the anti-Communist blacklist, but Sinatra’s openly announcing an intent to hire and credit Maltz constituted a significant crack in the wall — even though commercial and political heat eventually forced Sinatra to abandon the project. This event has treatment in a recommended episode of the magnificent cinema-history podcast You Must Remember This.

* The firing squad included 12 marksmen, but one was given a blank. Despite their skill, the 11 remaining shooters did not manage to kill him instantaneously.

On this day..

Entry Filed under: 20th Century,Botched Executions,Capital Punishment,Death Penalty,Desertion,Diminished Capacity,Execution,France,Guest Writers,History,Milestones,Military Crimes,Other Voices,Shot,Soldiers,U.S. Military,USA,Wartime Executions

Tags: 1940s, 1945, battle of hurtgen forest, battle of the bulge, dwight eisenhower, eddie slovik, january 31, sainte-marie-aux-mines, the execution of private slovik, william bradford huie, world war ii

