Rare Book Monthly

Articles - August - 2016 Issue

The U. S. Constitution Saved this Book Thief $510.

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We have all heard a police officer reciting the Miranda Rights. Hopefully, we have heard it on a crime drama on television, rather than from having a police officer recite them to us personally. You know the line: "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you." Recently, those rights saved a book thief $510. However, they did not get him off.

 

Usually, these cases are focused on the first part of these rights, the right to remain silent. In this case, the issue was the second part, the right to an attorney. More specifically, it concerned the right to a free attorney for those without the money to pay for one. Of course, you would think a thief of all people shouldn't be wanting for money, but that's another story.

 

The right to an attorney emanates from Sixth Amendment to the United States Constitution. That is the one that provides for the right to a speedy trial, an impartial jury, to be informed of the charges, to have the right to confront witnesses, and finally, to have the assistance of counsel. In a 1963 case, the U. S. Supreme Court ruled anyone accused of a felony but unable to afford counsel was entitled to have an attorney provided at the expense of the state. No constitutional right is very meaningful if it is only available to those of adequate financial means. That is why the court has ruled against such actions as the poll tax, which limited the right to vote to people who could afford to pay the tax.

 

In 2013, Bill Joe Davis, II, of Milwaukie, Oregon was convicted of stealing around 50 books from various Portland area libraries. That's not a misspelling. That is how they spell "Milwaukee" in Oregon, just as someone named "Billy Joe" is called "Bill Joe" instead. Heck, they even pronounce the "on" part of "Oregon" as "'n." They are distinctive in Oreg'n. Bill Joe had checked out $3,800 worth of library books, but never returned them. It wasn't just that he forgot to return them. Instead, he was selling them to stores and online. Davis maintained the library books were accidentally mixed together with his own books before being sold, but the jury must have concluded that was a bit too many "accidents" to be believed. He was sentenced to 2 years and 2 months in prison, ordered to provide restitution of $3,800 to the libraries, and pay the $510 bill of his attorney.

 

Davis appealed to the Oregon Court of Appeals, where he won one and lost one. Unfortunately for Mr. Davis, he lost the larger claim, but a small victory is better than none at all. He tried to get the entire conviction overturned on the grounds the court had permitted the introduction of inadmissible evidence. The trial court had allowed evidence that he had previously been convicted of stealing books from a Friends of the Tigard Library book sale. Evidence of similar prior crimes is generally not admissible, the requirement being to show guilt in the current case, not a prior one. However, there are exceptions. The appeals court ruled none applied here. However, it determined that presenting evidence of the Friends of the Library sale theft was harmless error since Davis did not contest the presentation of evidence of his theft from the Multnomah County Library. In effect, presenting one more straw didn't make any difference since the camel's back was already broken, without objection from Mr. Davis.

 

That led to the $510 bill for attorney's fees. The appeals court quickly threw that out. Davis had a court appointed attorney, for whose services he was billed. The court threw the burden of proving a lack of financial need on the state. The prosecution had not presented any evidence that Davis could afford to pay for his attorney. Absent of a showing that the defendant could afford to pay for his attorney, the appeals court ruled that such a presumption could not be made. Davis will not have to pay that $510 portion of the judgment against him, but everything else stands.

Rare Book Monthly

  • <center><b>Dominic Winter Auctioneers<br>26 January 2022<br>Printed Books & Maps,<br>The Sinclair Hood Library of Archaeology,<br>The Charles Tomlinson Poetry Library</b>
    <b>Dominic Winter, Jan. 26:</b> Biggs (Thomas, Hope, Theodore C & Fergusson, James). <i>Architecture at Ahmedabad, The Capital of Goozerat,</i> 1st edition, London: John Murray, 1866. £3,000 to £5,000.
    <b>Dominic Winter, Jan. 26:</b> Daniell (Thomas and William). <i>Oriental Scenery. One Hundred and Fifty Views of the Architecture, Antiquities and Landscape Scenery of Hindoostan,</i> 6 parts, 1812-16. £2,000 to £3,000.
    <b>Dominic Winter, Jan. 26:</b> Hamilton (Sir William & Pierre Francois Hugues d'Hancarville). Collection of Etruscan, Greek and Roman Antiquities from the Cabinet of the Hon.ble Wm Hamilton, volumes I & II only (of 4), Naples, 1766-67. £7,000 to £10,000.
    <center><b>Dominic Winter Auctioneers<br>26 January 2022<br>Printed Books & Maps,<br>The Sinclair Hood Library of Archaeology,<br>The Charles Tomlinson Poetry Library</b>
    <b>Dominic Winter, Jan. 26:</b> Moore (Lieutenant Joseph & Captain Frederick Marryat). Eighteen Views taken at & near Rangoon, [1825]. £2,000 to £3,000.
    <b>Dominic Winter, Jan. 26:</b> Williamson (Captain Thomas & Howitt, Samuel). <i>Oriental Field Sports; Being a Complete, Detailed and Accurate Description of the Wild Sports of the East;</i> 1st edition, London, 1807. £5,000 to £8,000.
    <b>Dominic Winter, Jan. 26:</b> Knoop (Johann Hermann). <i>Pomologia, dat is Beschryvingen en Afbeeldingen van de beste zoorten van Appels en Peeren, Fructologia …,</i> 3 volumes in 1, Leeuwarden: A Ferwerda and G. Tresling, [1758]. £1,000 to £1,500.
    <center><b>Dominic Winter Auctioneers<br>26 January 2022<br>Printed Books & Maps,<br>The Sinclair Hood Library of Archaeology,<br>The Charles Tomlinson Poetry Library</b>
    <b>Dominic Winter, Jan. 26:</b> North America. Wyld (James), Map of the Colony of British Columbia and the British & American Territory West of the Rocky Mountains, Including Vancouvers Island and the Gold Fields, 1858. £1,500 to £2,000.
    <b>Dominic Winter, Jan. 26:</b> Pocket Globe. A Correct Globe with the New Discoveries, circa 1785. £2,000 to £3,000.
    <b>Dominic Winter, Jan. 26:</b> Wales. Morden (Robert), Twelve 'playing card maps' of Wales, circa 1676. £1,000 to £1,500.
    <center><b>Dominic Winter Auctioneers<br>26 January 2022<br>Printed Books & Maps,<br>The Sinclair Hood Library of Archaeology,<br>The Charles Tomlinson Poetry Library</b>
    <b>Dominic Winter, Jan. 26:</b> Society of Dilettanti. <i>Antiquities of Ionia,</i> 5 volumes: 1821, 1797, 1840, 1881 & 1915. £3,000 to £5,000.
    <b>Dominic Winter, Jan. 26:</b> Churchill (Winston Spencer). <i>The People's Rights,</i> 1st edition, 1st issue, London: Hodder & Stoughton, [1910]. £1,000 to £1,500.
    <b>Dominic Winter, Jan. 26:</b> Paz (Octavio). <i>Blanco,</i> 1st edition, limited numbered edition, Mexico: Joaquín Mortiz, 1967. £500 to £800.
  • <center><b>Sotheby’s<br> Fine Books and Manuscripts, Including Americana<br>Online<br>Now through January 25, 2022</b>
    <b>Sotheby’s, Now to Jan. 25:</b> Audubon, John James. The "Wild Turkey" manuscript — capturing one of the nation's most iconic symbols of unity. $250,000 to $350,000.
    <b>Sotheby’s, Now to Jan. 25:</b> (Flag) — Commemorative Thirteen-Star Flag. Pre-Civil War, Thirteen-Star Flag of the United States, from the collection of Charles Kuralt. $15,000 to $25,000.
    <b>Sotheby’s, Now to Jan. 25:</b> Fitzgerald, F. Scott. <i>Tender is the Night</i>. First edition, presentation copy, and a former mystery. $30,000 to $50,000.
    <b>Sotheby’s, Now to Jan. 25:</b> Audubon, John James. The "Wild Turkey" manuscript — capturing one of the nation's most iconic symbols of unity. $250,000 to $350,000.
    <b>Sotheby’s, Now to Jan. 25:</b> Salinger, J.D. <i>The Catcher in the Rye.</i> A strikingly fresh first edition of Salinger's essential novel. $20,000 to $25,000.
    <b>Sotheby’s, Now to Jan. 25:</b> Whitman, Walt. <i>Leaves of Grass.</i> “America's second Declaration of Independence” — signed by Whitman. $150,000 to $200,000.
    <b>Sotheby’s, Now to Jan. 25:</b> [Dylan, Bob]. Some of the earliest known professional portraits. $10,000 to $15,000.
    <b>Sotheby’s, Now to Jan. 25:</b> Y-Worth [Yarworth], William. <i>Cerevisiarii Comes: Or, the New and True Art of Brewing…</i> A rare and early English work on the art of brewing. $5,000 to $7,000.
  • <b>Bonhams, Jan. 19 – 27:</b> RUTH BADER GINSBERG’S PERSONAL COPY OF THE 1957-58 HARVARD LAW REVIEW, HEAVILY ANNOTATED BY HER.
    <b>Bonhams, Jan. 19 – 27:</b> RUTH BADER GINSBURG’S TEXTBOOK FOR HER “CIVIL PROCEDURE” CLASS AT HARVARD, HEAVILY ANNOTATED BY HER.
    <b>Bonhams, Jan. 19 – 27:</b> RUTH BADER GINSBURG’S TEXTBOOK FOR COLUMBIA LAW SCHOOL CLASS ON JURISPRUDENCE, HEAVILY ANNOTATED BY HER.
    <b>Bonhams, Jan. 19 – 27:</b> HONORARY DOCTORATE AWARDED TO RUTH BADER GINSBURG BY SMITH COLLEGE, 1994.
    <b>Bonhams, Jan. 19 – 27:</b> A COPY OF JUSTICE GINSBURG’S ARTICLE, “WOMEN IN THE FEDERAL JUDICIARY,” SIGNED AND INSCRIBED BY THE JUSTICE TO SENATOR NANCY KASSEBAUM.
    <b>Bonhams, Jan. 19 – 27:</b> A COPY OF SANDRA DAY O’CONNOR’S ARTICLE, “THEY OFTEN ARE HALF-OBSCURE: THE RIGHTS OF THE INDIVIDUAL AND THE LEGACY OF OLIVER WENDELL HOLMES,” PRESENTED TO RUTH BADER GINSBURG.
    <b>Bonhams, Jan. 19 – 27:</b> A DELUXE EDITION OF ANTONIN SCALIA’S MAKING YOUR CASE: THE ART OF PERSUADING JUDGES, FROM AN EDITION OF 2000, SIGNED AND INSCRIBED TO RUTH BADER GINSBURG.
    <b>Bonhams, Jan. 19 – 27:</b> A FIRST EDITION OF SONIA SOTOMAYOR’S <i>MY BELOVED WORLD,</i> SIGNED AND INSCRIBED TO RUTH BADER GINSBURG.
    <b>Bonhams, Jan. 19 – 27:</b> A FIRST EDITION OF AL GORE’S “THE ASSAULT ON REASON,” SIGNED AND INSCRIBED TO RUTH BADER GINSBURG.
    <b>Bonhams, Jan. 19 – 27:</b> <i>BELOVED</i> BY TONI MORRISON, SIGNED AND INSCRIBED BY THE AUTHOR TO RUTH AND MARTIN GINSBURG.
    <b>Bonhams, Jan. 19 – 27:</b> A FIRST EDITION OF GLORIA STEINEM’S “MY LIFE ON THE ROAD,” SIGNED AND INSCRIBED TO RUTH BADER GINSBURG.
  • <b>Il Ponte Casa d’Aste, Jan. 25:</b> DANTE ALIGHIERI (1265-1321). <i>Commedia.</i> Venezia: Vindelino da Spira, 1477. Estimate: € 40.000 - 60.000.
    <b>Il Ponte Casa d’Aste, Jan. 25:</b> DALI, Salvador (1908-1989) - William SHAKESPEARE (1564-1616). <i>Romeo e Giulietta.</i> Milan: Rizzoli, 1975. Estimate: € 25.000 - 35.000.
    <b>Il Ponte Casa d’Aste, Jan. 25:</b> MALVASIA, Cornelio; MONTANARI, Geminiano. <i>Ephemerides novissimae motuum coelestium.</i> Modena: Cassiani, 1662. Estimate: € 8.000 - 12.000.
    <b>Il Ponte Casa d’Aste, Jan. 25:</b> JANSSONIUS, Johannes. <i>Atlantis majoris quinta pars, Orbem maritimum [Novus Atlas, volume V: carte marittime].</i> Amsterdam: Janssonius, 1650. Estimate: € 12.000 - 18.000.
  • <center><b>Swann Auction Galleries<br>A Record Breaking Season</b>
    <b>Swann:</b> <i>The Book of Mormon,</b> first edition, Palmyra, NY, 1830. Sold Sept. 30 — $112,500.
    <b>Swann:</b> Vincent Van Gogh, <i>Homme à la Pipe: Portrait du Docteur Gachet, Evening,</i> etching, 1890. Sold Nov. 2 — $161,000.
    <b>Swann:</b> Edward Ruscha, <i>Stains,</i> title page, one of 70, signed, 1969. Sold Nov. 9 — $112,500.
    <b>Swann:</b> John James Audubon, <i>Carolina Parrot, Plate 26,</i> hand colored aquatint, 1828. Sold Dec.9 — $137,000.
    <b>Swann:</b> Edmund Dulac, <i>The Snow Queen,</i> watercolor, gouache, pen & ink, 1910. Sold Dec. 16 — $125,000.

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