Rare Book Monthly

Articles - August - 2006 Issue

Texas Sues Private Owner for Old State Documents

Travis

Among the documents at issue are some pertaining to William Travis, leader of Texas' troops at the Alamo.


By Michael Stillman

There is an interesting case going on in Texas right now that ties in with the recent prosecutions for thefts in the book world. Of course everyone is familiar with the Smiley case, where a map dealer sliced maps from old books during numerous library visits and walked out with them stuffed in a briefcase. There wasn't much question of guilt or innocence, right and wrong there. The dealer wisely pleaded guilty and appears to hope that cooperation will reduce his sentence.

The Texas case is not so clear, not so black and white. There is no guilt or innocence, no right or wrong. The issue here has to do with thefts (maybe), but if so, they happened a long time ago. The present owners are apparently not suspected of involvement in their disappearance long ago.

Here are the facts as best known, at least publicly. About a year ago, some parties in Waco, Texas, put 48 historical documents pertaining to Texas up for auction. Many deal with Texas' Republic period, or even earlier. For example, there is a receipt for supplies at the Alamo signed by William Travis, a resignation letter from Jose Antonio Navarro, and certification that Travis was in the Texas Army when he died at the Alamo. These are certainly significant documents in Texas history.

However, this raises some thorny issues. The defendants in the suit initiated by the Texas State Library and Archives Commission, including the Robert E. Davis Family Trust (Davis is no longer alive), have not said how they obtained the material, but no one has implied that his surviving family members, nor Davis himself, did anything improper. The State Library Commission believes the documents disappeared from their care in the early 1970s. However, "care" is used loosely here. Apparently, little was done in terms of security at the time. Someone easily could have lifted them and sold the material to an unsuspecting buyer. For that matter, someone at the Library Commission might conceivably have dumped the material, or sold it for a song. It's possible the documents made their way to the Davises without anyone engaging in wrongdoing, and Mr. Davis bought them fair and square. Then again, maybe they were stolen. Who knows? In such a case, should the Davises be required to return the material? They could be legitimate owners of properly purchased goods, innocent purchasers of stolen goods (who are therefore still obligated to return them to the rightful owner), or thieves. What should be done?

Rare Book Monthly

  • <b>Swann Auction Galleries Illustration Art:</b> Eric Carle, <i>The Very Hungry Caterpillar,</i> hand-painted collage. Sold for a record $20,000.
    <b>Swann Auction Galleries Illustration Art:</b> Charles Addams, <i>Couple passing a giant bird house,</i> watercolor cartoon for <i>The New Yorker,</i> 1948. Sold for $16,250.
    <b>Swann Auction Galleries Illustration Art:</b> Miriam Troop, <i>Rain on Laundry Day,</i> oil on canvas, cover for <i>The Saturday Evening Post,</i> 1940. Sold for $40,000.
    <b>Swann Auction Galleries Illustration Art:</b> Rockwell Kent, <i>To All Fascists,</i> ink broadside for The League of American Writers, circa 1937. Sold for $6,500.
    <b>Swann Auction Galleries Illustration Art:</b> Jo Mielziner, <i>Pet Shop Drop,</i> backdrop design for <i>Pal Joey</i> on Broadway, 1940. Sold for a record $55,000.
    <b>Swann Auction Galleries Illustration Art:</b> Lee Brown Coye, acrylic cover illustration for the 25th anniversary of <i>Weird Tales,</i> 1944. Sold for $18,750.
    <b>Swann Auction Galleries Illustration Art:</b> Virgil Finlay, <i>The Outsider & Others,</i> pen & ink dust jacket illustration for H.P. Lovecraft's book, 1939. Sold for $5,500.
    <b>Swann Auction Galleries Illustration Art:</b> Al Hirschfeld, <i>Paul Robeson as Othello,</i> illustration for <i>The New York Times,</i> 1942. Sold for $68,750
    <b>Swann Auction Galleries Illustration Art:</b> Frederic Remington, pen & ink illustration for <i>A Scout with the Buffalo Soldiers</i> in <i>The Century</i> magazine, 1889. Sold for $17,500.
  • <b>Bonhams, Sep. 17:</b> EARLY AVIATION PHOTOGRAPHY ARCHIVE. Chronicling 20th century aviation from the earliest Wright Brothers images through commercial and military applications. $50,000 to $70,000.
    <b>Bonhams, Sep. 17:</b> FIRST TELEPHONE CALL TO THE MOON. Partial transcription signed by Apollo 11 astronauts and President Nixon. $20,000 to $30,000.
    <b>Bonhams, Sep. 17:</b> SPUTNIK-1 EMC/EMI LAB MODEL, 1957. Full scale vintage test model of the Sputnik-1 satellite, Moscow, [February, 1957]. $400,000 to $600,000.
    <b>Bonhams, Sep. 17:</b> Apollo 11 Beta cloth crew emblem, SIGNED BY THE ENTIRE APOLLO 11 CREW. $8,000 to $10,000.
    <b>Bonhams, Sep. 17:</b> GEMINI 1/8 SCALE MODEL. Rarely seen large-scale contractor's model. $3,000 to $5,000
    <b>Bonhams, Oct. 23:</b> SMITH, CHRISTOPHER WEBB. 1793-1871. <i>Indian Ornithology.</i> [Patna, India]: 1828. $50,000 to $80,000.
    <b>Bonhams, Oct. 23:</b> DUPRÉ, LOUIS. 1789-1837. <i>Voyage à Athènes et à Constantinople, ou Collection de portraits, vues et costumes grecs et ottomans.</i> Paris: Dondey-Dupré, 1825. $60,000 to $90,000.
    <b>Bonhams, Oct. 23:</b> ADAMS, JOHN. Autograph Letter Signed ("J Adams"), [to Dr. Perkins?] while recovering from his small pox inoculation, [late-April, 1764]. $30,000 to $50,000.
    <b>Bonhams, Oct. 23:</b> AUSTEN, JANE. Autograph Letter Signed ("J. Austen"), to her sister Cassandra, 4 pp, "Thursday – after dinner," [September 16, 1813,] Henrietta St. $80,000 to $120,000.
    <b>Bonhams, Oct. 23:</b> AUDUBON, JOHN JAMES. 1785-1851. <i>The Birds of America, from Drawings Made in the United States and Their Territories.</i> New York & Philadelphia: J.J. Audubon & J.B. Chevalier, 1840-1844. $20,000 to $30,000.
    <b>Bonhams, Oct. 23:</b> DODWELL, EDWARD. 1767-1832. <i>Views in Greece.</i> London: Rodwell and Martin, 1821. $20,000 to $30,000.
    <b>Bonhams, Oct. 23:</b> JAMES, JESSE. Autograph Letter Signed ("Jesse W. James"), to Mr. Flood demanding Flood retract spurious accusations, 3 pp, June 5, 1875. $200,000 to $300,000.

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