Why Patton Ordered a German General Executed at 6 A.M. Instead of Sending Him to Nuremberg
Why Patton Ordered a German General Executed at 6 A.M. Instead of Sending Him to Nuremberg

The order was written in pencil, not typed, not on official letterhead. In pencil, on a single sheet of standard army notepad paper in Patton’s own handwriting at 11:47 at night. The date at the top was April 22nd, 1945. The sheet was handed to a captain named Warren Lyall, 32 years old, from Knoxville, Tennessee, who read it once, folded it, put it in his breast pocket, and drove through the dark to deliver it to the military police section holding the prisoner.
The order was four sentences. The last sentence specified the time, 6 a.m., not sunrise, not dawn, 6 a.m. exact. The kind of specificity that a man uses when he wants a thing done before the day has fully formed and before anyone from a higher command can place a telephone call. General Dur Infanteree Maxmleon Otto Harris never saw the sun come up on April 23rd, 1945. He was 56 years old.
He had commanded infantry formation since the First World War. He had three dozen decorations, including the Knight’s Cross with oak leaves, and a reputation in the Vermacht for what his fellow officers described as aggressive effectiveness in pursuit operations, which was the professional military language for what Harris had been doing in Poland in 1939, in Belgium and France in 1940, in the Soviet Union between 1941 and 1943, and in the Western approaches to Germany in the 18 months before the end.
Aggressive effectiveness in pursuit operations. Let that sit with you for a second because by the time you understand what that phrase actually covered on the ground, you will understand exactly why Patton wrote four sentences in pencil at 11:47 at night and specified 6:00 a.m. If this story matters to you, subscribe.
Now, here’s the thing. This wasn’t a battlefield summary execution. This wasn’t Patton shooting from the hip, acting on instinct, doing something in the heat of the moment that he would later have to answer for. What happened on the night of April 22nd, 1945 was the result of three weeks of documentation, a 64-page investigative report assembled by Third Army’s Judge Advocate General Section, two witness testimonies taken under formal oath, physical evidence recovered from a location outside the town of Ashenberg
that Third Army CIC team had spent 11 days cataloging, and a 40minute meeting in a forward command post that Patton held with his JAG officer, a colonel named Frederick Ren, 50 years old, from Richmond, Virginia, at approximately 900 p.m. on the night of April 22nd. Ren had been building the case since the first week of April.
He had been doing it carefully. He had been doing it because Patton had told him when the first reports came in to build it in a way that would hold. The case held. Let me back up for a second because to understand the 64 pages, you have to understand what was in a Schoffenberg. A Schaffenburgg is a city on the main river 40 km southeast of Frankfurt.
In early April of 1945, it was the site of one of the final fanatical German defensive stands of the war. a holdout ordered by the local Nazi party leadership against the direct wishes of the Vermach’s own operational command which had assessed the defensive position as militarily indefensible and recommended withdrawal.
The holdout lasted 9 days. It cost the civilian population of a Chaffenburgg several hundred dead. It cost third army a significant number of casualties in the street fighting. And when the city fell on April 3rd, 1945, the American forces that moved through it found something that the street fighting and the civilian dead did not fully account for. They found a cellar.
The cellar was beneath a requisition commercial building on the Dolberg Stasa that had been used by Harris’s divisional headquarters staff during the final weeks of the Ashafenberg defense. The building had been abandoned in the last hours before the city fell. The German staff had taken what they could carry.
They had burned what they could burn. They had not gotten to everything. The cellar door was locked from the outside, which was the first thing that struck the American infantry squad that cleared the building on the afternoon of April 3rd. A locked door from the outside means something different than a locked door from the inside. The sergeant who found the door noted it in his report.
He noted it because he was the kind of sergeant who noted things and because the door was locked from the outside and because something on the other side of it was making a sound. They open the door. And what they found is the reason this story exists. Bear with me because I’m going to be careful here in the way the record requires me to be careful.
I’m not going to describe what was in that cellar in terms that cross from documentary to something else. What I’ll tell you is what the investigative record tells you in the language the record uses, which is clinical and precise and in some ways worse than anything more explicit. The cellar contained 14 American prisoners of war, all of them infantry, ages ranging from 19 to 26.
They have been held in the cellar for an estimated 5 to 7 days before the Americans found them based on the physical assessment conducted by the Third Army medical officers who arrived within 2 hours of the squad’s discovery. The medical assessment covered condition, duration of captivity, and the nature of the injury sustained.
The injuries were not consistent with combat. They were documented in the medical assessment in terms that the J A report later described in its own clinical language as evidence of systematic mistreatment under deliberate direction. Four of the 14 did not survive to be transferred to a field hospital. Their names were PFC Raymond Ellsworth Tatum, 20, from Spartanberg, South Carolina.
Private Gerald Francis Nolan, 19, from South Boston, Massachusetts. Corporal David Alan Reyes, 22, from Albuquerque, New Mexico, and Private First Class Thomas Hugh Waller, 21, from Lexington, Kentucky. All four had been captured during the street fighting in a Chaffenburgg in the final days of March.
All four had identification on them when found. All four had written home within the preceding month. Waller had written to his mother, Lois, two weeks before his capture that the weather had gotten warmer and that he figured the war would be over by summer. He said he was doing fine. He told her not to worry. Think about that for a second.
Now, the connection to Harris. This is the part of the story that Colonel Ren spent three weeks establishing with a specificity that holds up in a formal proceeding. And the connection he established was not circumstantial. The building on the Dolberg Stasa had been Harris’s headquarters. The staff officers who had operated out of that building were identified by name through captured administrative records.
The cellar had been used, according to those administrative records, as a holding facility for American prisoners taken during the Ashafenberg street fighting. The order authorizing the use of the cellar as a holding facility bore the signature of Harris’s headquarters agitant, an ober lutinet named Klaus Brandt, 41, who had been captured during the city’s fall and who, when placed in a formal JAG interview setting on April 8th, confirmed that the holding facility had been established under general divisional authority and that access to
and conditions in the facility had been known to and not countermanded by the divisional commander. That statement took Brandt 4 hours to make. He made it because Ren had the administrative records, the physical evidence, and the medical assessment, and because Brandt had apparently made the calculation that cooperation was his best available option, given the weight of what Ren was holding.
Brandt’s statement was the second nail in the case. The first nail had been the administrative records themselves. And the third nail, the one that made the case what it was, came from a survivor. His name was Private First Class Calvin James Odum, 20 years old from Monroe, Louisiana.
He had been in the cellar for 6 days. He had been taken during the street fighting on March 29th. He was transferred to the field hospital on April 3rd, the afternoon of the discovery, and he spent the following 11 days in the hospital before a JAG officer named Lieutenant Gerald Peele, 27, from Dayton, Ohio, sat down next to his bed with a notepad, and asked if he was willing to give a statement.
Odum said yes. He gave the statement lying in his hospital bed. It took 3 hours. Lieutenant Peele filled 19 pages. He had to stop twice because Odum needed to stop, but Odum always said to keep going, and Peele kept going, and at the end of 3 hours, there were 19 pages in Peele’s handwriting that covered six days in a cellar on the Dolberg Stasa in enough specific, dated, named detail that Colonel Ren, when he read them, made a notation at the top of page one.
The notation was two words. He wrote, “Sufficient basis.” Sufficient basis. That was the phrase a former Richmond, Virginia attorney used to describe 19 pages written by a 20-year-old from Monroe, Louisiana, who had been in a cellar for 6 days and still wanted to keep going. See, what most folks don’t realize is that Ren had been building toward a field tribunal authorization, not a Nermberg referral.
The two paths were legally distinct. Nermberg was for the senior leadership of the Nazi state, the gurings and kitles and ribbonrops of the thing. A field tribunal authorized under article of war 92 and the laws of armed conflict as they apply to specific documented acts against prisoners under military custody was something a theater commander could convene with his own authority for crimes committed against his own forces.
It was not a summary procedure. It required a case. It required documentation. It required the evidentiary standard that Ren had been told to meet and had met. And it allowed for a sentence of death to be carried out within the theater under the authority of the theater commander without waiting for the machinery of Nuremberg to process a general who was in the spring of 1945 one of several hundred German officers in American custody with war crimes cases pending.
Patton was the theater commander. Here’s where it gets ugly. Not because of what Patton did, because of what the 64-page report contained that made what Patton did the only conclusion a man of his particular constitution could reach. ODM’s 19 pages were 61-79 in the report. They came after the administrative evidence, after the medical assessment, after Brandt’s statement.
They came last because Ren had structured the report the way a trial attorney structures a closing argument. You build to the strongest thing. You let the strongest thing be the last thing the reader sits with. And what ODM described in those 19 pages in his own 20-year-old Louisiana words without clinical distance and without the protective language of a medical assessment was what happened in that cellar.
He did not describe it for dramatic effect. He described it because Peele asked him what happened and he told the truth about what happened. The way young men from Monroe, Louisiana tell the truth when someone finally gives them a notepad and asks. Patton read the report starting at approximately 8:00 p.m. on April 22nd. He read all 64 pages before the meeting with Ren at 9.
He did not speak during the 40-minute meeting except to ask three questions. The first was, “Is the identification of Harris as the responsible commander supported by the record?” Ren said yes. The second was, “Is the documentation of the acts themselves supported by independent corroboration beyond ODM’s account?” Ren said yes. The third question Patton asked was not a question.
It was a statement delivered at the end of the 40inute meeting after Ren had answered the second question, Patton said, according to Ren’s personal account written in 1948 and donated to the Virginia Military Institute archives in 1972. These four men are dead and 37 more are walking the ground above where they were held because of specific decisions made by a specific man.
Nermberg takes 18 months and gives him a platform. I won’t give him a platform. That was the whole explanation. That was all of it. And this is where the story turns because what happened in the hour between the end of the meeting and the writing of the pencil order is something that Ren documented and that has been available in the VMI archives for 50 years and that almost nobody has read.
After the meeting, Patton did not immediately write the order. He went back to his quarters. He sat at the desk in his field quarters for approximately 45 minutes alone. His aid, a captain named James Doyle, not the same Francis Doyle from earlier episodes, a different man, was in the adjoining room.
He heard nothing from Patton’s room for 45 minutes. No conversation, no dictation, no phone calls. just the silence of a man sitting at a desk with a 64-page report and the specific weight of four dead Americans and 37 living ones and a general who without those decisions was going to get a platform in Nuremberg and a defense attorney and potentially decades of proceedings, 45 minutes of silence, then the scratch of a pencil, then the order handed to Captain Ly at 11:47.
Now Harris because he deserved to be in this story as a specific person, not just as a function. He was not a committed Nazi ideologue in the way that the Nuremberg defendants were ideologues. He was something in some ways worse. He was a professional military man who had made specific operational decisions about how to use human beings who were in his care.
and he had made those decisions with the cold efficiency of a man who understood exactly what he was authorizing and believed that the circumstances justified the authorization. He had been doing this since Poland in 1939. The ashaffenburgg cellar was not his first instance of treating American or allied prisoners as variables in an operational equation rather than as human beings with protections.
The CIC had three prior incidents documented in the 64 pages. One in Belgium in 1940 involving British prisoners. One in the Soviet Union in 1942 involving Soviet PS. One in France in 1944 involving American airmen. three prior incidents documented from captured records and survivor testimony that Ren had included not as primary charges, but as pattern evidence demonstrating that what happened in the Ashaffenberg cellar was not an aberration.
It was a practice, stone cold. It was something Harris did. What’s hard to swallow is the way the prior incidents were documented. The Belgium incident 1940. A captured German administrative order signed by a divisional agitant directing that British prisoners captured in a specific engagement were to be held without Red Cross notification pending operational need assessment.
19 British soldiers held for 11 days. 12 survived. The Soviet Union incident 1942. a series of entries in what CIC described as a divisional operations log covering a three-week period in the summer of 1942 in which the notation regarding Soviet prisoners at a specific location shifted from held to resolved without any corresponding transfer documentation, transport order, or death record.
41 Soviet soldiers. The France incident, 1944. Testimony from a surviving American airman, Staff Sergeant Roy Ellis Mercer, 23, from Flagstaff, Arizona, who had been held in a facility connected to Harris’s core command in France before escaping during a German withdrawal in August of 1944, and who had given a statement to Third Army CIC in September of 1944 that was sitting in a file when Ren started building his case, and that connected directly to the Ashaffenburgg evidence.
Read that number again. 12 survivors in Belgium, 41 Soviet soldiers resolved, and then a Schaffenburgg. Captain Lyall drove through the dark, the order in his breast pocket. He delivered it to the MP section at approximately midnight. The MP captain on duty read it. He read it twice.
He asked Lyall if this was confirmed. Lyall said yes. The MP captain signed the receipt copy and placed it in his duty log. Then he walked to the cell block and informed the guard detail of the order. Harris was sleeping when the guard detail informed him at 5:30 a.m. of what was going to happen in 30 minutes. He said nothing that the guards recorded.
He dressed in his uniform, the one he had been captured in, the knight’s cross still at his throat. He was 56 years old. He had been sleeping in an American holding facility for 19 days. He had 19 days to think about what the Americans knew and what they were going to do with it. At 6:00 a.m.
on April 23rd, 1945, General Dar Infantereie Maxmleon Otto Harris was executed by firing squad in the yard of the Ashaffenburgg Military Police Facility. Here’s the part that didn’t make it into the official report. There was no official report, not one that used the word executed. The official documentation of Harris’s death in the Third Army records describes him as having died in custody on April 23rd, 1945.
Cause of death listed as a consequence of summary field proceedings under military authority. The language is careful. Ren wrote it himself. He was a former attorney from Richmond, Virginia, and he knew how to write something that was accurate, sufficient, and not more than it needed to be.
The 64page case file is in the National Archives. The pencil order is in the VMI archives with Ren’s 1948 account. The door to the cellar on the Dalberg Strasa was replaced at some point during postwar reconstruction and the building itself was damaged in later demolition work, but the street is still there.
The receded copy of the order is in the MP duty log that was transferred to the National Archives with the rest of the Third Army records. At the bottom of the receipt copy under the MP captain’s signature, someone, it is not known who, wrote four words in different ink, apparently added later, possibly in the same hour. The four words were for Raymond Gerald David Thomas.
Let me say that one more time. For Raymond Gerald, David Thomas. Calvin James Odum went home to Monroe, Louisiana in the fall of 1945. He worked at a hardware store for 31 years. He died in 1988. His 19 pages are in a box in the National Archives. The pencil indentations from his words, the words that Peele wrote on the notepad next to the hospital bed.
Those words don’t exist in the original anymore. What exists is the typewritten transcription made from Peele’s handwriting that Ren’s section produced on April 14th, 1945. Clean, typed, clinical. The voice in it is still ODMS, though. You can still hear Monroe, Louisiana in the syntax, in the way he organizes what happened.
In this specific way, a 20-year-old from the South tells the truth when someone finally gives him a notepad and asks the four names on that receipt copy. Raymond Ellsworth Tatum, Gerald Francis Nolan, David Alan Reyes, Thomas Hugh Waller. Those are the reason the pencil moved at 11:47 at night.
Those are the reason the time on the order said 6:00 a.m. and not send to Nuremberg and not refer to the appropriate tribunal and not any of the other things that a man in Patton’s position could have written and defended and that would have taken 18 months and given Harris a platform. Patton had read 64 pages. He had read Odum’s 19.
He had sat in his quarters for 45 minutes, and then he had written four sentences in pencil and handed them to a captain from Knoxville, Tennessee, and that was the end of it. The pencil is still in the VMI archives. The lead mark on the paper has held. 80 years of archival storage, and the words are still legible.
The time still says 6:00 a.m. The date still says April 22nd. The name is still there. And at the bottom of a military police duty log in the National Archives, in ink that is different from the surrounding text and in handwriting that nobody has officially identified, four men who never made it out of a cellar on the Dullberg Stasa still have someone speaking for them. Subscribe.
They earned at least that