COMPLETE RESEARCH REPORT
Case: United States v. Private Edward Donald Slovik (36896415)
Date: November 11, 1944 (Trial) – January 31, 1945 (Execution)
Location: Roetgen, Germany (Court-Martial) – Sainte-Marie-aux-Mines, France (Execution)
Charge: Article 58, Articles of War (Desertion to avoid hazardous duty)
Verdict: GUILTY
Sentence: Death by firing squad
SECTION 1: DEFENDANT PROFILE
1.1 Personal Information
| Field | Detail |
|---|---|
| <strong>Full Name</strong> | Edward Donald Slovik |
| <strong>Birth</strong> | February 18, 1920, Detroit, Michigan |
| <strong>Death</strong> | January 31, 1945 (age 24) |
| <strong>Parents</strong> | Josef Slowikowski and Anna Lutsky (Polish-American Catholic family) |
| <strong>Education</strong> | Did not complete elementary school |
| <strong>Marital Status</strong> | Married (Wife: Antoinette Wisniewski, November 7, 1942) |
1.2 Criminal Record (4-F Classification)
| Date | Offense |
|---|---|
| 1932 (age 12) | Broke into foundry with friends to steal brass |
| 1932-1937 | Multiple arrests: petty theft, breaking and entering, disturbing the peace |
| October 1937 | Sent to reformatory |
| September 1938 | Paroled |
| January 1939 | Convicted of grand theft auto while intoxicated; returned to prison |
| April 1942 | Paroled; employed at Montella Plumbing and Heating, Dearborn, Michigan |
Military Classification:
- Initially classified 4-F (morally unfit for military service) due to criminal record
- Reclassified 1-A (fit for service) in late 1943 when Army lowered standards
- Drafted January 3, 1944
SECTION 2: MILITARY SERVICE
2.1 Training and Assignment
| Date | Event |
|---|---|
| January 24, 1944 | Arrived Camp Wolters, Texas for basic training |
| January 31, 1944 | Assigned to Company D, 59th Infantry Training Battalion |
| July 11, 1944 | Assigned to Ground Forces Replacement Depot No. 1, Fort Meade, Maryland |
| August 1944 | Shipped to France |
| August 24, 1944 | One of 129 replacements assigned to 28th Infantry Division |
| August 25, 1944 | Assigned to Company G, 109th Infantry Regiment |
2.2 The 28th Infantry Division
- Nickname: “The Bloody Bucket” (Keystone Division)
- Pennsylvania National Guard unit
- Sustained heavy casualties during European campaign (Hürtgen Forest, Battle of the Bulge)
- High desertion rates and self-inflicted wounds among troops
SECTION 3: DESERTION INCIDENTS
3.1 First Desertion (August 25 – October 7, 1944)
| Date | Event |
|---|---|
| August 25, 1944 (night) | Slovik and Pvt. John Tankey took cover during German artillery attack near Elbeuf, France |
| August 26, 1944 | Company G moved out; Slovik and Tankey left behind |
| August 26 – October 7, 1944 | Both men stayed with Canadian military police unit for 6 weeks; performed odd jobs, cooking |
| October 7, 1944 | Canadians returned both men to 109th Infantry Regiment at Rocherath |
No charges filed — separation during combat was common for replacements.
3.2 Second Desertion (October 8-9, 1944)
| Date | Event |
|---|---|
| October 8, 1944 | Slovik reported to Company Commander Captain Ralph Grotte |
| Stated he was "too scared, too nervous" to serve in rifle company | |
| Requested rear-area assignment | |
| Told Grotte he would "run away" if assigned to rifle unit | |
| Asked if leaving would constitute desertion; Grotte confirmed it would | |
| Assigned to Platoon 4 | |
| October 9, 1944 | Slovik deserted |
| Pvt. John Tankey attempted to persuade him to stay; Slovik said his "mind was made up" | |
| Presented written confession to cook at Military Government Detachment, 112th Infantry |
SECTION 4: THE CONFESSION
4.1 Full Text of Slovik’s Written Statement
“I, Pvt. Eddie D. Slovik, 36896415, confess to the desertion of the United States Army. At the time of my desertion we were in Albuff [Elbeuf] in France. I came to Albuff as a replacement. They were shelling the town and we were told to dig in for the night. The following morning they were shelling us again. I was so scared nerves and trembling that at the time the other replacements moved out I couldn’t move. I stayed there in my fox hole till it was quiet and I was able to move. I then walked into town. Not seeing any of our troops so I stayed over night at a French hospital. The next morning I turned myself over to the Canadian Provost Corp. After six weeks I was turned over to American M.P. They turned me loose. I told my commanding officer my story. I said that if I had to go out there again I’d run away. He said there was nothing he could do for me so I ran away again AND I’LL RUN AWAY AGAIN IF I HAVE TO GO OUT THERE.”
4.2 Addendum (Written on Reverse)
Slovik wrote an additional statement confirming he understood the document would be used as evidence against him in a court-martial.
SECTION 5: OPPORTUNITIES TO AVOID PROSECUTION
Slovik was offered multiple opportunities to return to duty without facing charges:
| Offer | Made By | Slovik's Response | |
|---|---|---|---|
| 1 | Lt. Col. Ross Henbest (Battalion Commander) | Tear up confession, return to Company G, no charges | Refused |
| 2 | Lt. Col. Henry Sommer (Division Judge Advocate) | Return to combat, all charges dropped | Refused |
| 3 | Lt. Col. Sommer | Transfer to different regiment, clean slate | Refused |
| 4 | Court-martial member | Withdraw written threat to desert again, charges dropped | Refused |
| 5 | Multiple officers | Various offers to return to duty | Refused all |
Slovik’s stated response: “I’ve made up my mind. I’ll take my court-martial.”
Slovik’s calculation: He believed he would receive prison time, then be released after the war ended. He had served prison time before and considered it preferable to combat.
SECTION 6: PSYCHIATRIC EVALUATION
Division psychiatrist Captain Arthur L. Burks examined Slovik.
Finding: “No evidence of mental disease… sane and responsible for his actions.”
SECTION 7: COURT-MARTIAL (November 11, 1944)
7.1 Trial Details
| Element | Detail |
|---|---|
| <strong>Date</strong> | November 11, 1944 (Armistice Day) |
| <strong>Location</strong> | War-damaged building, Roetgen, Germany |
| <strong>Duration</strong> | Approximately 1 hour 40 minutes |
| <strong>Charge</strong> | Two specifications of desertion to avoid hazardous duty (August 25 and October 8, 1944) |
| <strong>Plea</strong> | Not Guilty |
| <strong>Defendant's Testimony</strong> | None (Slovik elected not to testify) |
7.2 Court Composition
Nine staff officers from 28th Infantry Division (combat officers were at the front):
| Rank | Name |
|---|---|
| Colonel | Guy M. Williams (Presiding) |
| Major | Herbert D. White |
| Major | Orland F. Leighty |
| Major | Robert D. Montondo |
| Captain | Stanley H. French |
| Captain | Benedict B. Kimmelman |
| Captain | Arthur V. Patterson |
| Captain | Clarence W. Welch |
| 1st Lieutenant | Bernard Altman |
7.3 Counsel
| Role | Name | Notes |
|---|---|---|
| <strong>Prosecutor</strong> | Captain John I. Green | Presented confession and witnesses |
| <strong>Defense Counsel</strong> | Captain Edward P. Woods (age 26) | Not an attorney; experienced court-martial counsel |
7.4 Evidence Presented
- Slovik’s written confession
- Witnesses who testified about Slovik’s stated intention to desert
7.5 Defense Strategy
Captain Woods had mitigating evidence available:
- Slovik served willingly with Canadians for 6 weeks
- Slovik accepted rear-echelon duties
- No prior courts-martial in military service
Slovik declined to present mitigating evidence after being advised of his right to do so by both Woods and the court.
7.6 Verdict and Sentence
- Verdict: Guilty (unanimous)
- Sentence: Death by firing squad (“to be shot to death with musketry”)
SECTION 8: REVIEW PROCESS
8.1 Division Commander Review
Major General Norman “Dutch” Cota (28th Infantry Division Commander)
- Background: Assistant Division Commander of 29th Infantry Division; highest-ranking officer on Omaha Beach on D-Day
- Approved findings and death sentence on November 27, 1944
Cota’s statement: “Given the situation as I knew it in November 1944, I thought it was my duty to this country to approve that sentence. If I hadn’t approved it – if I had let Slovik accomplish his purpose – I don’t know how I could have gone up to the line and looked a good soldier in the face.”
8.2 Theater Review (December 1-6, 1945)
Brigadier General E.C. McNeil (Senior Army Lawyer, European Theater) and staff reviewed the case.
McNeil’s recommendation: Confirm verdict and sentence. Stated that commutation “would only have accomplished the accused’s purpose of securing his incarceration and consequent freedom from the dangers which so many of our armed forces are required to face daily.”
8.3 Supreme Allied Commander Review
General Dwight D. Eisenhower
| Date | Event |
|---|---|
| December 9, 1944 | Slovik wrote letter to Eisenhower pleading for clemency |
| December 16, 1944 | Battle of the Bulge began (German Ardennes offensive) |
| December 23, 1944 | Eisenhower confirmed execution order |
Context: Desertion had become a systemic problem. The Battle of the Bulge caused severe U.S. casualties and strained infantry morale.
SECTION 9: SLOVIK’S CLEMENCY LETTER TO EISENHOWER
Slovik wrote a personal letter to Eisenhower expressing remorse and asking for mercy. He stated he did not understand the ramifications of his actions and asked the general to consider the effect on his wife and mother.
Whether Eisenhower personally read the letter is not established.
SECTION 10: EXECUTION (January 31, 1945)
10.1 Location
Courtyard of French country house near Sainte-Marie-aux-Mines, France. Selected for:
- High masonry wall (deflect errant bullets)
- Discourage civilian observation
10.2 Time
10:04 a.m.
10.3 Preparation
| Step | Detail |
|---|---|
| Uniform stripped of all military insignia, buttons, accoutrements | As required by military custom |
| GI blanket wrapped over shoulders | Protection against cold |
| Bound to 6"x6" wooden post | Web belts around arms, waist, knees |
| One belt hung on spike behind post | Prevent body from slumping after volley |
| Black hood placed over head | Final step before firing |
10.4 Slovik’s Final Statement
“They’re not shooting me for deserting the United States Army, thousands of guys have done that. They just need to make an example out of somebody and I’m it because I’m an ex-con. I used to steal things when I was a kid, and that’s what they are shooting me for. They’re shooting me for the bread and chewing gum I stole when I was 12 years old.”
10.5 Final Exchange
Father Carl Patrick Cummings (Chaplain): “Eddie, when you get up there, say a little prayer for me.”
Slovik (last words): “Okay, Father. I’ll pray that you don’t follow me too soon.”
10.6 Firing Squad
| Detail | Information |
|---|---|
| Composition | 12 soldiers from 109th Infantry Regiment |
| Weapons | Standard issue M1 Garand rifles |
| Ammunition | 11 rifles loaded with one round; 1 rifle loaded with blank |
| Distance | 20 paces |
10.7 Execution
- “Fire” command given
- Slovik struck by 11 bullets
- At least 4 wounds fatal
- Slovik did not die immediately
- Army physician determined he was still alive
- Firing squad began reloading for second volley
- Slovik died before second volley was fired
10.8 Witness Statement
Nick Gozik (2005 interview): “It was very unnerving… the reason this was so bad was that the Germans didn’t do it. We had executed one of our own.”
SECTION 11: BURIAL
11.1 Initial Burial
Location: Plot E, Oise-Aisne American Cemetery and Memorial, Fère-en-Tardenois, France
Plot E characteristics:
- Separate section for American soldiers executed for crimes (rape, murder)
- 96 graves total
- Black headstones bear numbers instead of names
- Not marked on cemetery maps
- Closed to public
- Backs turned to main cemetery
Slovik was buried alongside soldiers executed for violent felonies.
11.2 Repatriation (1987)
| Date | Event |
|---|---|
| 1981 | Bernard V. Calka (Polish-American WWII veteran) began campaign for return of remains |
| 1987 | President Ronald Reagan ordered return of remains |
| 1987 | Calka raised $5,000 for exhumation and transport |
| 1987 | Slovik reburied at Woodmere Cemetery, Detroit, Michigan |
| Buried next to wife Antoinette (died 1979) |
SECTION 12: AFTERMATH
12.1 Secrecy
The Army chose not to publicize Slovik’s execution as a deterrent. His widow Antoinette learned of his death but did not learn the circumstances until journalist William Bradford Huie’s investigation in the early 1950s.
12.2 Widow’s Campaign
Antoinette Slovik petitioned for:
- Return of husband’s remains
- Military pension/insurance
Petitioned seven U.S. Presidents:
- Harry S. Truman
- Dwight D. Eisenhower
- John F. Kennedy
- Lyndon B. Johnson
- Richard Nixon
- Gerald Ford
- Jimmy Carter
Result: All petitions denied. Antoinette died in 1979 without receiving either.
12.3 Board for Correction of Military Records
During the Carter administration, Antoinette’s lawyers appealed for pension. The board denied the appeal.
SECTION 13: CULTURAL REFERENCES
| Year | Work | Notes |
|---|---|---|
| 1954 | <em>The Execution of Private Slovik</em> (book) | William Bradford Huie; brought case to public attention |
| 1963 | <em>The Victors</em> (film) | Includes scene depicting execution |
| 1969 | <em>Slaughterhouse-Five</em> (novel) | Kurt Vonnegut mentions Slovik's execution |
| 1974 | <em>The Execution of Private Slovik</em> (TV movie) | NBC; Martin Sheen in title role; Charlie Sheen (age 8-9) uncredited |
| — | <em>Histoire du soldat</em> (libretto) | Kurt Vonnegut wrote companion libretto to Stravinsky piece telling Slovik's story |
| 2005 | <em>Articles of War</em> (novel) | Nick Arvin; fictional protagonist is member of Slovik's firing squad |
Note: Frank Sinatra planned to produce a film in the 1960s but abandoned the project.
SECTION 14: STATISTICAL CONTEXT
| Category | Number |
|---|---|
| Courts-martial during WWII | 1,700,000 |
| American servicemen charged with desertion during WWII | 21,000+ |
| Death sentences for desertion during WWII | 49 |
| Death sentences carried out for desertion during WWII | 1 (Slovik) |
| Last American executed for desertion before Slovik | 1864 (Civil War) |
| Americans executed for desertion since Slovik | 0 |
Clemency Board (Summer 1945):
- Appointed by Secretary of War Henry L. Stimson
- Reviewed all general courts-martial where accused was still in confinement
- Remitted or reduced sentences in 85% of 27,000 serious cases reviewed
SECTION 15: KEY DATES CHRONOLOGY
| Date | Event |
|---|---|
| February 18, 1920 | Slovik born, Detroit, Michigan |
| 1932 | First arrest (age 12) |
| October 1937 | Sent to reformatory |
| September 1938 | First parole |
| January 1939 | Convicted of grand theft auto; returned to prison |
| April 1942 | Second parole |
| November 7, 1942 | Married Antoinette Wisniewski |
| Late 1943 | Reclassified 1-A |
| January 3, 1944 | Drafted |
| January 24, 1944 | Arrived Camp Wolters, Texas |
| August 1944 | Shipped to France |
| August 25, 1944 | First desertion begins |
| October 7, 1944 | Returned to 109th Infantry |
| October 8, 1944 | Requests rear-area duty; refused |
| October 9, 1944 | Second desertion; writes confession |
| October 19, 1944 | Formally charged |
| October 26, 1944 | Lt. Col. Sommer offers deal; Slovik refuses |
| October 29, 1944 | Case referred to general court-martial |
| November 11, 1944 | Court-martial; convicted; sentenced to death |
| November 27, 1944 | Maj. Gen. Cota approves sentence |
| December 1-6, 1944 | Theater review (Brig. Gen. McNeil) |
| December 9, 1944 | Slovik writes clemency letter to Eisenhower |
| December 16, 1944 | Battle of the Bulge begins |
| December 23, 1944 | Eisenhower confirms execution |
| January 31, 1945 | Execution carried out |
| 1954 | Huie publishes book |
| 1974 | TV movie airs |
| 1979 | Antoinette Slovik dies |
| 1987 | Remains returned to United States |
SECTION 16: KEY PERSONNEL
| Name | Role |
|---|---|
| <strong>Edward Donald Slovik</strong> | Defendant |
| <strong>Antoinette Slovik</strong> | Wife |
| <strong>John Tankey</strong> | Fellow soldier; separated with Slovik; returned to duty |
| <strong>Capt. Ralph Grotte</strong> | Company G Commander |
| <strong>Lt. Col. Ross Henbest</strong> | Battalion Commander; offered first deal |
| <strong>Lt. Col. Henry Sommer</strong> | Division Judge Advocate; offered multiple deals |
| <strong>Capt. Arthur L. Burks</strong> | Division psychiatrist |
| <strong>Col. Guy M. Williams</strong> | Court-martial presiding officer |
| <strong>Capt. John I. Green</strong> | Prosecutor |
| <strong>Capt. Edward P. Woods</strong> | Defense counsel |
| <strong>Capt. Benedict B. Kimmelman</strong> | Court member (later expressed regret) |
| <strong>Maj. Gen. Norman Cota</strong> | 28th Division Commander; approved sentence |
| <strong>Brig. Gen. E.C. McNeil</strong> | Theater review; recommended confirmation |
| <strong>Gen. Dwight D. Eisenhower</strong> | Supreme Allied Commander; confirmed execution |
| <strong>Father Carl Patrick Cummings</strong> | Chaplain at execution |
| <strong>William Bradford Huie</strong> | Journalist/author |
| <strong>Bernard V. Calka</strong> | Campaigned for return of remains |
SECTION 17: LEGAL FRAMEWORK
Charge: Violation of Article 58, Articles of War
Specifications:
- Desertion beginning August 25, 1944 (45-day absence with Canadians)
- Desertion beginning October 8, 1944 (1-day absence)
Both specifications alleged desertion with intent to avoid hazardous duty and action against the enemy.
Maximum Penalty: Death
Note: The Uniform Code of Military Justice has since replaced the Articles of War. Execution remains an allowable penalty for desertion, but none has been carried out since January 31, 1945.
SECTION 18: UNDERSTANDING THE COURT-MARTIAL SYSTEM
The court-martial that convicted Eddie Slovik operated under the Articles of War, the predecessor to the modern Uniform Code of Military Justice (UCMJ). A court-martial is a military court convened to try members of armed services for offenses under military law.
There are three types:
| Type | Purpose | Composition |
|---|---|---|
| <strong>Summary Court-Martial</strong> | Minor offenses | One officer presiding |
| <strong>Special Court-Martial</strong> | Intermediate level | Three or more members |
| <strong>General Court-Martial</strong> | Serious offenses including capital crimes | Five or more members |
Slovik faced a general court-martial composed of nine officers because the charge—desertion to avoid hazardous duty under Article 58—carried the death penalty.
In a general court-martial, the accused has the right to:
- Be represented by counsel
- Present evidence
- Call witnesses
- Testify or remain silent
Unlike civilian trials, court-martial members serve as both judge and jury, determining guilt and imposing sentence. Conviction requires a two-thirds majority; however, a death sentence requires unanimous agreement from all members. In Slovik’s case, all nine officers voted unanimously for both conviction and execution.
The court-martial record then proceeds through mandatory review:
- Convening authority (division commander who ordered the trial)
- Theater judge advocate
- Commanding general (in capital cases—authority to approve executions)
Each reviewing authority can disapprove findings, reduce sentences, or order new trials, but cannot increase punishment. Slovik’s court-martial passed through all review levels with the death sentence affirmed at each stage.
Historically, court-martial death sentences for desertion were routinely commuted to imprisonment; between 1942 and 1945, forty-nine American soldiers received death sentences for desertion, and reviewing authorities commuted forty-eight of them.
The court-martial system’s hierarchical review process meant that multiple officers—from the nine-member panel in Roetgen to General Eisenhower in Paris—each had independent authority to spare Slovik’s life. None did.
The Slovik court-martial remains the only World War II desertion case in which the military justice system carried a death sentence through every level of review to execution.
Document compiled from U.S. Army records, National Archives files (CM 290498), and historical sources.