Rare Book Monthly

Articles - October - 2008 Issue

Arrests Made in Theft of First Book Printed in the American West

Max

The copy of the Maxwell Code sold last year at Cowen's.


By Michael Stillman

Thefts of rare and valuable books from institutional libraries almost seem to be becoming commonplace these days. Such a theft, and thankfully, concomitant arrest, hit the wires from the battleground state of Ohio last month. Stolen was a copy of the cumbersomely named The Laws of the Territory of the United States North-West of the Ohio. It is more commonly referred to as the Maxwell Code, or Maxwell's Code for its printer, William Maxwell. What makes this item remarkable is that it was the first book printed in the great American Northwest, and in 1796, Ohio was still considered part of the Northwest. There are around 15 copies of this Cincinnati first edition still known to exist. However, most of these copies have serious defects, with the stolen copy being one of the best around. This item, especially in good condition, is so rare it is hard to imagine how the thieves could have hoped to fence it, but they were probably unaware how difficult this would be. They are not antiquarians.

The victim of this theft was the Rutherford B. Hayes Presidential Library in Fremont. There is some irony here in that many believe Hayes "stole" his election, but that is an issue for another day. Hayes was never prosecuted for theft, but these three other Ohioans surely will be.

Charged in this case are Joshua McCarty, 31, his reputed girlfriend Angela Bays, 19, both of Columbus, and Zachary Scranton, 21, of Marysville. Along with the Maxwell Code, they are also accused of stealing a copy of the slightly later Freeman Code. According to an FBI affidavit, the theft came down something like this. On June 27, McCarty and Bays asked to view the Maxwell Code, which was kept in a box with the 1798 Freeman Code. When a library employee discovered McCarty emerging from a women's bathroom with the Maxwell Code in hand, the employee retrieved the book and sent McCarty on his way. The employee put this book and the Freeman Code back in the box from whence they came and returned it to the shelf. However, what went unnoticed was that the Freeman Code had been ripped from its binder. It had been bound with many extra blank leaves, so the librarian did not notice at the time it was missing.

Two months later, on August 25, Zachary Scranton entered the library and asked to see the Maxwell Code. According to the FBI, McCarty had offered him $300 to steal it. McCarty is not a generous man, considering the Maxwell Code's value of $100,000-plus. Scranton could not provide the library with any ID, but amazingly, he was given the rare book in return for handing over his backpack as collateral. Scranton later left the building saying he needed to make a telephone call, but never returned. The librarians then noticed the Maxwell Code was missing, and when they looked in Scranton's backpack, all they found were paper towels.

Once the Hays Library realized what had happened, they sent out emails to various booksellers and auction houses concerning the missing Maxwell Code. Several dealers indicated that they had been contacted by McCarty, and that he had sold a copy of the Freeman Code to a bookseller earlier. That dealer in turn sold it to a British collector for $35,000. This led the librarians to check on their copy of the Freeman Code, which they soon learned was also missing. With this information in hand, the FBI tracked down McCarty, who had been arrested in 2007 for stealing $20,000 worth of maps from an Illinois bookstore. He also had other arrests on his record. Cell phone records indicated numerous calls between McCarty and Scranton from the vicinity of the Hays Library on the day of the Maxwell theft, and library workers identified Scranton as the suspect. Scranton reportedly then implicated McCarty. With all of this evidence in hand, the FBI had sufficient cause to bring the charges.

Rare Book Monthly

  • <b>Swann Auction Galleries:</b> Abraham Lincoln, <i>Emancipation Proclamation by the President of the United States,</i> pamphlet, 1862. $10,000 to $15,000.
    <b>Swann Auction Galleries:</b> Family papers of the distinguished Ruby-Jackson family, Portland, Maine, 1853-1961. $3,000 to $4,000.
    <b>Swann Auction Galleries:</b> Family papers of the Confederate Vice President Alexander Stephens & the persons who served him, 1866-1907. $25,000 to $35,000.
    <b>Swann Auction Galleries:</b> Autograph book with inscriptions by orators Moses Roper & Peter Williams, 1821-54. $10,000 to $15,000.
    <b>Swann Auction Galleries:</b> Archive of letters, postcards, and greeting cards sent by Romare Bearden, 1949-87. $5,000 to $7,500.
    <b>Swann Auction Galleries:</b><br>E. Simms Campbell, <i>A Night-Club Map of Harlem,</i> in inaugural issue of Manhattan, 1933. $10,000 to $15,000.
    <b>Swann Auction Galleries:</b> Papers of the comedian Nipsey Russell, including a letter from MLK, 1929-2000. $6,000 to $9,000.
    <b>Swann Auction Galleries:</b> Early German-American anti-slavery broadside, <i>Sclaven-Handel,</i> Philadelphia, 1794. $12,000 to $18,000.
    <b>Swann Auction Galleries:</b> Edmonia Lewis, prominent sculptor, carte-de-visite by Henry Rocher, c. 1866-71. $3,000 to $4,000.
    <b>Swann Auction Galleries:</b><br><i>The Black Panther: Black Community News Service,</i> 44 issues, San Francisco, 1967-1971. $3,000 to $4,000.
    <b>Swann Auction Galleries:</b> Ernest Withers, <i>I Am A Man, Sanitation Workers Strike,</i> silver print, 1968. $5,000 to $7,500.
    <b>Swann Auction Galleries:</b> <i>March For Freedom Now!,</i> poster for the 1960 Republican Convention. $4,000 to $6,000.
  • <center><b>Chiswick Auctions<br>Books & Works on Paper<br>Including Autographs & Memorabilia<br>31 March 2020</b>
    <b>Chiswick Auctions, Mar. 31:</b> Rackham (Arthur). The Old Hag Standing Outside a Cottage, original drawing, signed by the artist, [c.1909]. £10,000 to £15,000.
    <b>Chiswick Auctions, Mar. 31:</b> Rowling (J.K.) <i>Harry Potter and the Philosopher's Stone,</i> FIRST EDITION, first printing, signed by the author, original pictorial wrappers, 1997. £4,000 to £6,000.
    <b>Chiswick Auctions, Mar. 31:</b> Castiglione (Giuseppe, after). Twelve plates from <i>Twenty views of the European Palaces of the Yuanming yuan,</i> 1783-1786. £4,000 to £6,000.
    <center><b>Chiswick Auctions<br>Books & Works on Paper<br>Including Autographs & Memorabilia<br>31 March 2020</b>
    <b>Chiswick Auctions, Mar. 31:</b> Spanish Antiphonal.- Antiphonal manuscript, [Spain], ca. 1650. £4,000 to £6,000.
    <b>Chiswick Auctions, Mar. 31:</b> Almanach de Gotha.- Almost complete run 1769 to 1945, 12mo & 8vo, Gotha, C.W. Ettinger [- Justus Perthes]. £4,000 to £6,000.
    <b>Chiswick Auctions, Mar. 31:</b> Bible, Greek.- New Testament [Greek], Novum Iesu Christi D.N. testamentum, ex bibliotheca regia, 2 parts in one, Robert Estienne, Paris, 1550. £2,000 to £3,000.
    <center><b>Chiswick Auctions<br>Books & Works on Paper<br>Including Autographs & Memorabilia<br>31 March 2020</b>
    <b>Chiswick Auctions, Mar. 31:</b> Lithgow (William). <i>The Total Discourse of the rare Adventures… from Scotland, to the most famous kingdoms in Europe, Asia, and Affrica…,</i> woodcut illustrations, 4to, I. Oakes, 1640. £2,000 to £3,000.
    <b>Chiswick Auctions, Mar. 31:</b> Spanish Interest.-16th -18th Century. Large collection of letters related to prominent members of the Spanish court and clergymen,; v.s., late 16th-mid 18th century. £1,800 to £2,200.
    <b>Chiswick Auctions, Mar. 31:</b> Darwin (Charles). <i>The Descent of Man, and Selection in Relation to Sex,</i> 2 vol., FIRST EDITION, first issue8vo, John Murray, 1871. £1,500 to £2,000.
    <center><b>Chiswick Auctions<br>Books & Works on Paper<br>Including Autographs & Memorabilia<br>31 March 2020</b>
    <b>Chiswick Auctions, Mar. 31:</b> Loewy (Raymond) ARR. Mickey Mouse, original gouache and air brush illustration of Mickey Mouse, signed by artist., n.p. [1946]. £1,500 to £2,000.
    <b>Chiswick Auctions, Mar. 31:</b> Potter (Beatrix) & Sendak (Maurice). <i>The Tale of Peter Rabbit,</i> NUMBER 2 OF 250 SIGNED COPIES, WITH AN ORIGINAL DRAWING BY SENDAK, New York, 1995. £1,500 to £2,000.
    <b>Chiswick Auctions, Mar. 31:</b> Wolstenholm (Jonathan) ARR. Books on Books, original watercolor, signed and dated by the artist, 2005.
  • <center><b>Arader Galleries<br>April Auction<br>April 4, 2020</b>
    <b>Arader Galleries, Apr. 4:</b> MITCHELL, John (1711-1768). A Map of the British and French Dominions in North America. Copperplate engraving with original hand color. London, 1755. $250,000 to $350,000.
    <b>Arader Galleries, Apr. 4:</b> AUDUBON, John James (1785 - 1851). Brown Pelican (Standing), Plate 251. Aquatint engraving with original hand color. London, 1827-1838. $175,000 to $225,000.
    <b>Arader Galleries, Apr. 4:</b> AUDUBON, John James (1785 - 1851). Fish Hawk or Osprey, Plate 81. Aquatint engraving with original hand color. London: 1827-1838. $100,000 to $150,000.
    <center><b>Arader Galleries<br>April Auction<br>April 4, 2020</b>
    <b>Arader Galleries, Apr. 4:</b> GONZALES DE MENDOZA, Juan (1545 - 1618). <i>The Historie of the great and mightie kingdome of China…</i> London, 1588. $100,000 to $150,000.
    <b>Arader Galleries, Apr. 4:</b> VERBIEST, Ferdinand (1623-1688). [World Map] Kun-Yu Ch'uan-Tu. Engraved twelve sheet map with vertical sections joined to form six sheets. Korea, Seoul, c. 1860. $100,000 to $150,000.
    <b>Arader Galleries, Apr. 4:</b> SANGGI, Chong (1678-1752). Korean Atlas. Manuscript map on mulberry bark paper. C. 1750-1790. $100,000 to $150,000.
    <center><b>Arader Galleries<br>April Auction<br>April 4, 2020</b>
    <b>Arader Galleries, Apr. 4:</b> AUDUBON, John James (1785 - 1851). Ivory-billed Woodpecker, Plate 66. Aquatint engraving with original hand color. London, 1827-1838. $80,000 to $120,000.
    <b>Arader Galleries, Apr. 4:</b> AKERMAN, Anders (1721-1778). & AKREL, Frederik (1779-1868). Pair of Celestial and Terrestrial Globes. Stockholm, c. 1800. 23 inch diameter, each. $60,000 to $100,000.
    <b>Arader Galleries, Apr. 4:</b> BENNETT, Lieut. William Pyt (d. in action, 1916). AN IMPORTANT AND APPARENTLY UNPUBLISHED SERIES OF GELATIN SILVER PHOTOGRAPHS OF LHASA AND TIBET TAKEN DURING THE CELEBRATED YOUNGHUSBAND MISSION OF 1904. $60,000 to $80,000

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