Rare Book Monthly

Articles - November - 2006 Issue

Closing The Chapter: One Last Sentence For Smiley's Story

Smy

Former website of E. Forbes Smiley, now taken down from the internet.


By Michael Stillman

The case of map thief E. Forbes Smiley came to a close October 13, 2006, when he was sentenced to five years in prison at the Connecticut Superior Court in New Haven. In this case, the bark was probably worse than the bite. Smiley had been sentenced to 3 1/2 years in prison at federal court a few weeks earlier, so you might assume the longer state sentence would be bad news for Mr. Smiley. Most likely it is not. The sentences will be served concurrently, that is, at the same time. While the longer state sentence would seem to imply that, even served concurrently, the total time would be longer, even that is unlikely. According to news reports, Smiley's attorney indicated that with good behavior, he would probably only serve about three years in prison, the same as anticipated with the federal sentence. As a white-collar criminal, who has acted properly remorseful in court, one would expect good behavior from Smiley.

At the state sentencing, as he had done at the earlier federal one, Smiley apologized for his behavior and acknowledged the harm he had done. Also similar to the earlier sentencing, some institutions addressed the court to explain why the crime was so serious that it called for stiffer punishment. Ultimately, with parole available sooner on state charges, the state was not in a position to add to the effective length of Smiley's time, despite the nominally longer sentence. Once federal prosecutors decided he was fully cooperative, the imposition of what some feel is a light sentence was sealed.

Nevertheless, some remain suspicious of his cooperation, some maps he may have "visited" at libraries still being unaccounted for. However, this issue slices both ways, and may explain federal prosecutors' belief that Smiley has cooperated fully. In the memorandum provided by Smiley's attorneys prior to sentencing, they state that even when contacted by federal prosecutors, the institutions were unaware they were missing half of the maps Smiley admitted to stealing. In other words, rather than attempting to hide some thefts once he began cooperating, Smiley helped return many maps the institutions never would have realized had been taken. Implications that Smiley took more than he admitted to may be explained by atrocious record-keeping, rather than incomplete cooperation. Besides, his attorneys stated, Smiley had no reason to hide further thefts, especially since any dishonesty found in his dealings with prosecutors would have overturned his lenient plea bargain.

Another point made by those seeking stiffer punishment was not only were millions of dollars worth of maps stolen, but the process by which he sliced them from books brought irreparable damage to rare and important historical artifacts. Smiley's attorneys may have struck a raw nerve by responding that the disbinding of atlases and books with maps in them, even the permanent separation of those maps from the books, is an all too common practice by reputable sellers and institutions. Of course, they, unlike Smiley, have a legal right to do so, but this point does tend to put a damper on the level of outrage over the destructiveness of this particular crime. Anyway, whatever you may think, it is moot now, as the sentences have been handed down.

Rare Book Monthly

  • <b>Seth Kaller:</b> Leaves from<br>George Washington's Own Draft <br>of His first Inaugural Address. An Extraordinary Rarity!
    <b>Seth Kaller:</b> Declaration of Independence: Benjamin Tyler 1818 - First Print with Facsimile Signatures.
    <b>Seth Kaller:</b> Thomas Jefferson Signed Act of Contress Authorizing Alexander Hamilton to Complete Famous Portland Maine Lighthouse.
    <b>Seth Kaller:</b> Emanuel Leutze. Silk Flag Banner designed by Leutze, created by Tiffany & Co., and presented to Gen. John A. Dix, 1864.
    <b>Seth Kaller:</b> The "greatest of early American maps … a masterpiece" (Corcoran). Thomas Holme.
    <b>Seth Kaller:</b> Lincoln Summons His Cabinet for a Historic Meeting to Discuss Compensated Emancipation.
    <b>Seth Kaller:</b> Albert Einstein. Autograph Letter Signed. Einstein Counsels His Son ... Meaning of Life.
    <b>Seth Kaller:</b> Normal Rockwell. Painting/Drawing Signed. Rockwell's "Barbeshop Quartet", 1936.
    <b>Seth Kaller:</b> Frederick Douglass. Autograph Letter Signed to unknown correspondent. Washington, D.C.
    <b>Seth Kaller:</b> Harry Truman. Autograph Manuscript Notebook for Kansas City Law School Night Class.
    <b>Seth Kaller:</b> Robert E. Lee. Autograph Letter Signed, June 11, 1782. Hours after the Battle of Culpeper Court House, Lee Escapes Again.
    <b>Seth Kaller:</b> George Washington. Letter Signed, as Commander-in-Chief, Continental Army, to Elias Dayton, Headquarters, [Newburgh, N.Y.], June 11, 1782.
  • <b>Swann Auction Galleries Aug 3: Vintage Posters</b>
    <b>Swann Auction Galleries Aug 3:</b><br>Henri de Toulouse-Lautrec,<br><i>The Chap Book</i>, 1896.<br>$20,000 to $30,000.
    <b>Swann Auction Galleries Aug 3:</b><br>Henri de Toulouse-Lautrec,<br><i>Troupe de Mlle Églantine</i>, 1896.<br>$20,000 to $30,000.
    <b>Swann Auction Galleries Aug 3:</b><br>Philippe Henri Noyer, <br><i>Limonade Brault</i>, 1938. <br>$4,000 to $6,000.
    <b>Swann Auction Galleries Aug 3:</b> <br><i>The Great Men of the World</i>,<br>designer unknown, circa 1945-46. <br>$7,000 to $10,000.
    <b>Swann Auction Galleries Aug 3: Vintage Posters</b>
    <b>Swann Auction Galleries Aug 3:</b><br>James Montgomery Flagg,<br><i>Wake Up, America!</i>, 1917.<br>$4,000 to $6,000.
    <b>Swann Auction Galleries Aug 3:</b><br>Alfred F. Burke, <i>Share / Jewish <br>Relief Campaign</i>, circa 1915.<br>$3,000 to $4,000.
    <b>Swann Auction Galleries Aug 3:</b><br>Ludwig Hohlwein, <i>Marke Pkz / <br>Burger - Kehl & Co.</i>, circa 1911. <br>$8,000 to $12,000.
    <b>Swann Auction Galleries Aug 3:</b> <br>Gian Emilio Malerba,<i> E.A. Mele / Modo e Novita per Signora</i>, circa 1900. $7,000 to $10,000.
  • <b>19th Century Shop.</b> (DEMOCRATIC CONVENTION, Chicago, 1968). <i>Collection of papers of John M. Bailey, Chairman of the Democratic National Committee, concerning the convention</i>. Various places, 1968.
    <b>19th Century Shop.</b> (ARMSTRONG, NEIL.) VERNE, JULES. <i>A Trip to the Moon.</i> New York: F. M. Lupton, September 9, 1893. Signed by Neil Armstrong, first man to walk on the moon.
    <b>19th Century Shop.</b> KEY, FRANCIS SCOTT. <i>A Celebrated Patriotic Song, the Star Spangled Banner.</i> 1814.
    <b>19th Century Shop.</b> [COLUMBUS, CHRISTOPHER, Amerigo Vespucci ..] Bernardus Albingaunensis .. Dialogo nuperrime edito Genue in 1512.
    <b>19th Century Shop.</b> (WATKINS, TABER &c.). <i>An album of 32 photographs of the Yosemite and American West Various places</i>, c. 1890s
    <b>19th Century Shop.</b> (BATTLE OF CONCORD.) <i>Powder horn used by Minuteman Oliver Buttrick at the Battle of Concord</i>, April 19, 1775.
    <b>19th Century Shop.</b> (CIVIL WAR.) <i>An Extraordinary Confederate Photograph and Autograph Album of Dr. R. L. C. White</i>, 125 original mounted salt prints. 1859-61.
  • 20 Jul 2016, starts at 1pm EDT, NY
    <b>Bonhams Jul 20: </b> Full scale vintage <i>Sputnik-1</i> EMC/EMI Lab Model, with live transmitter. US$ 10,000-15,000
    <b>Bonhams Jul 20: </b> Flown SOYUZ-3 space navigation indicator with unflown on-ground transformer. <br>US$ 30,000-40,000
    <b>Bonhams Jul 20: </b> Flown on SOYUZ 9<br>An exhaustive manuscript on life in space. [Trans: On-Board Flight Journal for Spacecraft Soyuz-9, 1970]. US$ 6,000-9,000
    <b>Bonhams Jul 20: </b> SOYUZ 18? Flown Navigation Celestial Globe. Soyuz 18 lasted from May 24-July 26, 1975. US$ 30,000-40,000
    20 Jul 2016, starts at 1pm EDT, NY
    <b>Bonhams Jul 20: </b> Flown Space Suit from ISS Expidition 6. Worn by Flight Engineer Don Pettit on his dramitic return to earth. US$ 25,000-35,000
    <b>Bonhams Jul 20: </b> Original Gemini 133P Trainer Assembly Five Part Electrical System & Attitude Maneuver ... US$ 60,000-90,000
    <b>Bonhams Jul 20: </b> Lunar Rover Development. Collection of 11 vintage gelatin silver prints and 4 vintage NASA lithographs. <br>US$ 2,000-3,000.
    <b>Bonhams Jul 20: </b> Lunar Orbiter I. The first image of the earth as seen from the moon. Gelatin silver print. August 23, 1966. US$ 2,500-3,500
    20 Jul 2016, starts at 1pm EDT, NY
    <b>Bonhams Jul 20: </b> Michael Collins' Flown Crew-Signed Apollo 11 Emblem. One of the very few Armstrong signed mission artifacts. US$ 50,000-70,000
    <b>Bonhams Jul 20: </b> Flown Apollo 11 Navigational Chart. Taken to Lunar surface mapping the start of the <br>first manned lunar descent. <br>US$ 25,000-35,000
    <b>Bonhams Jul 20: </b> FFlown Apollo 11 Flight Plan Sheetmission Day One. Some of the first words and data values written by Neil Armstrong. US$ 18,000-25,000
    <b>Bonhams Jul 20: </b> Apollo 12 - Alan Bean in the Ocean of Storms. Signed and inscribed by Bean. <br>US$ 2,000-3,000

Article Search

Archived Articles

Ask Questions