Don’t miss out on items like this!

Sign up to get notified when similar items are available.

HENRY ARTHUR (HARRY) MCARDLE (American, 1836-1908) The Battle of San Jacinto
Harry Arthur McArdle

Lot 76013: HENRY ARTHUR (HARRY) MCARDLE (American, 1836-1908) The Battle of San Jacinto

Est: $100,000 USD - $150,000 USDSold:
Heritage AuctionsDallas, TX, USNovember 20, 2010

Item Overview

Description

HENRY ARTHUR (HARRY) MCARDLE (American, 1836-1908) The Battle of San Jacinto, 1901 Oil on canvas 48 x 84 inches (121.9 x 213.4 cm) Signed, dated, and inscribed lower right: H.A. McArdle / 1901 / Painted for J.T. DeShields PROVENANCE: H.A. McArdle; By descent to Marie McArdle; By descent to George Bland; By descent to Elisabeth Bland. H.A. (Harry) McArdle was born in Belfast, Ireland, in 1836; the same year that the Battle of San Jacinto was fought and Texas won its independence. He came to America as an orphan in 1850 and ten years later enrolled at the Maryland Institute of Art, where he won the prestigious Peabody Prize. After enlisting in the Confederate army, McArdle became a draftsman for the Confederate Navy. He later served with General Robert E. Lee in his first campaign in West Virginia on the engineer staff. After the Civil War, McArdle began work on Lee in the Wilderness, his first battle painting. In the winter of 1868, McArdle and his family moved to Independence, Texas, and McArdle continued working on Lee in the Wilderness, using veterans of Hood's Texas Brigade living in the area. After finishing the painting, which was later destroyed in a fire at the Texas State Capitol in 1881, McArdle became interested in the Texas Revolution from conversations he had with the veterans. In the 1880s, he began work on recreating Dawn at the Alamo (completed 1905), as the first version burned in the 1881 fire. At the same time, he also began painting a new work, The Battle of San Jacinto, which was completed in 1895. In 1901, McArdle painted an alternate version of The Battle of San Jacinto. Commissioned by J.T. DeShields, this later version of the 1895 mural was believed lost by scholars. In his book, Painting Texas History to 1900, Sam Ratcliffe briefly mentions, "a slightly scaled-down (5' x 7') version of San Jacinto, which is unlocated." It remained a mystery until this year when Jon Buell, the artist's great-great grandson, discovered it in the attic of his family's home in West Virginia. Due this astonishing find, we now know that later version of The Battle of San Jacinto is not a study or a copy but an original reimagining of the subject. When it arrived in Dallas, the painting was sent to two conservators. Infrared pictures, which make it possible to see below the top layer of paint, were taken to see mistakes that McArdle changed later. For example, in this infrared detail the original placement of the flag is visible to the right as a white ghost image. These corrections give insight into the way that he adapted elements from the first version into a new composition. It is extremely dirty, and there are some small holes but the painting can be cleaned and repaired. A very small area was test cleaned so that it is now possible to get an idea of how spectacular the colors, particularly those found in the sky during sunset, will look after conservation. The general conclusion from the experts was that the painting should not be "over conserved." It is in relatively good condition, especially considering its history, and can be restored to its former glory. The first San Jacinto hangs across the room of the Senate chamber at the Texas State Capitol from McArdle's other mural Dawn at the Alamo. Together these iconic images shape the story of the Texas Revolution. McArdle's treatment of the Battle of San Jacinto subject has been celebrated as one of the most accurate image of the battle ever created. He exhaustively researched the painting, going so far as to survey the battlefield and interview veterans while at the site and through correspondence. With this information he recreated the first San Jacinto in what has been called his 'Topographic' style, in which the viewer gazes down on the chaos of the sprawling battle below. In contrast, McArdle returned to a more traditional pyramid-shaped composition in the later version of San Jacinto. This approach was the same type of heroic arrangement that he employed in his earlier work, Lee in the Wilderness. For hundreds of years history painters, like John Trumbull and John Singleton Copely, have often favored similar compositions. In them, the most important figures and celebrated moments of the battle are extracted and refined into one idealized moment. The most celebrated figures from the battle include Sam Houston, Henry W. Karnes, Deaf Smith, Edward Burleson, and Andrew Briscoe from the Texas side and Mexicans Antonio Trevino, Don Moro Esteban, and Don Manual Castrillon. It is not surprising that DeShields, a historian and patron who was passionate about telling the story of Texas Revolution, might commission such a painting. This discovery has allowed us amazing insight into how McArdle and DeShields helped to shape the narrative of the Texas Revolution and create the myth of Texas. TEXAS AS ART HISTORY H. A. McARDLE'S SECOND BATTLE OF SAN JACINTO By Michael Grauer In the collection of the Panhandle-Plains Historical Museum is a stirrup with a paper tag attached to it.(1) Printed in ink on the tag is the following inscription: {blockquote} STIRRUP FOUND BY ANDREW BRISCOE ON SAN JACINTO BATTLEFIELD FOUR HOURS AFTER SANTA ANNA'S SURRENDER. MADE OF BRASS. HANDED DOWN TO P. E. WEST.{/blockquote} Ironically for the purposes of this paper, Andrew Briscoe figures prominently in both the Battle of San Jacinto and in the recently rediscovered painting by H. A. McArdle, The Battle of San Jacinto. The authenticity of both the stirrup and the painting to the battle itself are matters of interpretation. M. Elizabeth Appleby, Curator, San Jacinto Museum of History, states, "As both sides were often using their own tack and there was incredible diversity in terms of nationality, occupation (when not a soldier) and a variety of other factors, it is difficult for me to determine [whether the stirrup is authentic or not]. We have stirrups from the battle and that time period that have European, American and Mexican origins executed in a variety of metals, from fancy to utilitarian and designed for a range of purposes."(2) In other words, despite 184 years of study and conjecture, some artifacts related to the narrative of the Texas Revolution elude definitive answers. Likewise with H. A. McArdle's second painting of the Battle of San Jacinto, commissioned by J. T. DeShields, but never (thankfully) delivered. McArdle's canvas eludes definitive answers about its accuracy, despite the artist's exhaustive research and countless "advisors" for this canvas. What we do know is that this and McArdle's other major paintings of the Texas Revolution-the "other" The Battle of San Jacinto; Dawn at the Alamo; The Settlement of Austin's Colony (The Log Cabin); Ben Milam Calling for Volunteers-and Texas Revolution paintings by R. J. Onderdonk and William H. Huddle, are part of a long tradition of history painting. Moreover, as much as many collectors of early Texas art believe, Texas artists did not work in a vacuum, and Texas art must be considered part of world art history. Frances Battaile Fisk, writing in the foreword to her foundational book, A History of Texas Artists and Sculptors, sets the stage for Texas's art history: {blockquote}R"...our art history proper, begins during the Era of State, about 1888, with the painting of the Presidents of the Republic of Texas and the Governors of the State, and of vast historical subjects, and of the erection of monuments and statues, as memorials to these pioneer heroes."(3){/blockquote} Concurrent with McArdle's (and Onderdonk's) efforts to paint "vast historical subjects" of Texas, were efforts by Onderdonk, Huddle, and sculptor Elisabet Ney to paint and sculpt "the Presidents ... and the Governors...." of Texas. Plaster versions of Ney's sculptures of Stephen F. Austin and Sam Houston were sent to the World's Columbian Exposition in Chicago in 1893, for example.(4) And Huddle's portraits also grace the walls of the Texas Capitol.(5) But given their sheer size, complexity, and Cecil B. DeMille-like grandiosity, McArdle's The Battle of San Jacinto and Dawn at the Alamo have spurred as much comment and discussion as anything in the Capitol. Sam Ratcliffe, in his seminal study Painting Texas History to 1900, described a second Battle of San Jacinto: "a slightly scaled-down (5' x 7') version of San Jacinto, which is unlocated." (6) This is the painting discovered in West Virginia by Heritage's Atlee Phillips and discussed herein. But all Texas history paintings had their precedents. Following the establishment of the republic in 1836, and in spite of pioneer preoccupations, art activity in the Republic of Texas centered on Austin, Houston, and San Antonio. Moreover, Texas art history paralleled that of the United States, moving from east to west. Itinerant portrait painters in the 1830s and 1840s stopped in the main communities to record visages of wealthy or important Texans; artist-explorers or military artists traveled through different parts of Texas beginning in the 1830s or were stationed in various forts in the 1840s; European artists established permanent residence in the 1850s, mainly around San Antonio; and by the 1870s, European- or Eastern-American-trained artists relocated to Texas before native-Texan artists came to the fore around 1900.(7) Portraitist Thomas Jefferson Wright (1798-1746) painted in Houston, Huntsville, and Nacogdoches by 1837, depicting Juan Seguin, Sam Houston, and other heroes of the Republic. George R. Allen (b. 1830) also painted portraits in the Galveston area until 1858. The yeoman's service of Wright and Allen echoes the work of Colonial portrait painters John Singleton Copley and John Smibert of 50 years earlier in the northeast United States. Artist-explorers such as George Catlin (1796-1872) set out up the Missouri River in 1832 to paint the "American aborigine" before they disappeared. After painting portraits of Indians near Fort Gibson in Arkansas Territory (near present-day Tulsa, Oklahoma) in the spring of 1834, Catlin (1796-1872) set out with a company of army dragoons heading west. Catlin hoped to encounter "Kioways and Cammanchees" on the Southern Plains (including today's Texas Panhandle) but at the juncture of the Washita and Red Rivers (near present-day Lawton, Oklahoma) he fell ill at a Comanche village. Although he could see Texas on the other side of the Red, he sent an assistant to make sketches. Catlin did finally make it to Texas in the 1850s. William Tylee Ranney (1813-1857) fought at the Battle of San Jacinto and for his service was given a 320-acre parcel of land in east-central Texas. He lived in Texas only two years but based many of his later paintings on his stay there. John James Audubon (1785-1851) and his son, John Woodhouse Audubon (1812-1862), traveled to Texas in 1837, stopping at Galveston Island for three weeks, then to Houston, then through Buffalo Bayou and out of Texas. J. W. Audubon returned in 1845 and later traveled up the Rio Grande in 1849. In 1843, John Mix Stanley (1814-1872) painted Indian councils held in Indian Territory (present-day Oklahoma) and north-central Texas between the United States, recently relocated Indians from the East, and displaced indigenous tribes. The U. S. Army sent artist Seth Eastman (1808-1875), best known for his paintings of Great Lakes-area Indians, to Fort Martin Scott near Fredericksburg, Texas, in 1848 to render frontier conditions. He later made oil paintings from the sketches he made of San Antonio, Fredericksburg, and along the Pedernales River, giving one of our earliest views of the Alamo. Later, the Army stationed Eastman at Texas forts Duncan and Chadborne. As a result of the Treaty of Guadalupe Hidalgo ending the Mexican War, in 1851 painter Henry Cheever Pratt (1803-1880) joined John Russell Bartlett (1805-1886) on the survey of the boundary between the United States and Mexico. Pratt made hundreds of sketches, some of which he expanded into oil paintings. Surveys searching for a suitable route for a transcontinental railroad across the United States in the 1850s resulted in additional images of Texas. Artists such as Heinrich Mollhausen (1825-1905) sketched the landscape and architecture at sights along the various routes, including parts of Texas. These drawings were printed as chromolithographs in the publications of each survey. Under the Medicine Lodge Treaty (actually three treaties signed in October 1867)(8) the Kiowa, Kiowa-Apache, Comanche, Cheyenne, and Arapaho tribes agreed to move to reservations in western Indian Territory.(9) Neither side honored the treaty. In 1869 President U. S. Grant approved a "peace policy" placing responsibility for the Southwestern tribes under Quaker Indian agents. In spring that year 1869, landscape painter Vincent Colyer (1825-1888) traveled across Indian Territory from Fort Gibson (near today's Tulsa), on assignment from the newly-created Board of Indian Commissioners (BIC), to ascertain conditions among Indians on the Southern Plains and in New Mexico Territory.(10) Colyer's On the Big Canadian River, May 1869, may be the earliest known painting of the Texas Panhandle, and his paintings of western Indian Territory are almost certainly the earliest images after George Catlin's trip through Arkansas Territory in 1834.(11) Immediately after the Red River War, and still in the interest of science, the U. S. government continued to search for the Red River. In May 1876, Lieutenant Ernest H. Ruffner (1845-1937) led a topographic survey of the headwaters of the Red River in the Texas Panhandle. After the Civil War, artists crisscrossed the country to make "bird's-eye views" of American cities. These "city portraits," a combination of panorama and map made from an imaginary perspective, promoted both the cities and the artists themselves. Even "landscape and cattle painter" Frank Reaugh (1860-1945) got in on the act of sketching early Texas cities with his views of El Paso painted in 1892. Reaugh became known for his early views of West Texas beginning in 1883 at about the same time German immigrant artist Hermann Lungkwitz (1813-1891) focused on landscapes along the Pedernales River and city views. But a tradition of history painting in Texas truly begins with McArdle, Huddle, and Onderdonk. And history painting in Texas had a lineage back to Colonial America and to its ancestors in Europe. Americans John Singleton Copley and Benjamin West, who both became expatriates to England and part of the British Royal Academy culture, paint battle scenes that may have served as templates for McArdle's The Battle of San Jacinto. The principles of the Royal Academy insisted that history painting be as much an intellectual endeavor as an aesthetic adventure. Artists were encouraged-nay, required-to "inform" their historical, mythological, or religious scenes, with references to great works of art from the past. Most British battle paintings included a tragic, dying-and thus heroic-figure at center. Often the pose of this tragic figure was borrowed from sculpture such as the Christ figure in Michelangelo's Pieta or the Roman copy of a Hellentistic Greek sculpture called the Laocoön, or the Christ figure in Peter Paul Rubens's painting, Descent from the Cross. Moreover, foreground figures such as the American Indian in the foreground of West's The Death of General Wolfe, might come from the so-called Belvedere Torso. This British tradition was carried back to the United States in the work of John Trumbull (1756-1843), who had studied under West. In his The Death of General Warren at the Battle of Bunker Hill and The Death of General Montgomery in the Attack on Quebec, Trumbull "informed" the Warren and Montgomery figures from art historical examples. This writer believes Trumbull's work is one of the key models for McArdle's second San Jacinto. In addition to British and American antecedents, the French military painting tradition, particularly those paintings of the Napoleonic wars and the French Revolution, also form templates for McArdle's 1901 San Jacinto. Eugene Delacroix's Liberty Leading the People, while allegorical, provides the heroic inspiration for numerous revolutionary images to follow. Antoine-Jean Gros, who painted several scenes of Napoleon, in his Napoleon at the Battle of Eylau, gives McArdle motivation not only for the triumphant victors of San Jacinto, but also provides the horrors of battle in the corpses and dying in the foreground. Back in the United States, chromolithographs of the Mexican War and the Civil War also offered examples for McArdle. Currier & Ives, the American Lithographic Company, the Century Club, and popular magazines provided imagery for battles readily available to McArdle. Plus, his work as a topographical draughtsman during the Civil War gave him experience few other artists could match. Finally, the panorama and cyclorama movement in Europe and the United States imparted to McArdle the opportunities presented by large-scale canvases. Either on giant rollers moving past a stationary audience (panorama) or on canvases in the round surrounding the viewer (cyclorama), these epics presage the "moving pictures" on film that would come to the fore about the time of McArdle's second San Jacinto. Cycloramas of the battles of Gettysburg and Atlanta were on public view by 1890 in the Midwest and East, and McArdle may have seen them. This writer believes McArdle used these precedents to construct his history paintings in art historical terms. His second San Jacinto, for example includes poses borrowed from antiquity such as the so-called Dying Gaul for a wounded figure in the lower left foreground and the Belvedere Torso for the rifleman just left of center in the immediate foreground. The lesson taken from this could be that early Texas art was not, in fact, created in a vacuum, somehow separated from the traditions of thousands of years of art history. Nor should early Texas be ghettoized from the rest of world art history. Rather early Texas art-including H. A. McArdle's second Battle of San Jacinto-should assume its rightful place in art history as a whole. Frances Battaile Fisk said it best: {blockquote}"Without a knowledge of history there can be no patriotism, without a reverence for our pioneer forbears [sic] there can be no respect of the government they have given their lives to build; it is obvious that our early Texas painters and sculptors in memorializing the historic events, which preserve for posterity tangible and inspiring evidence of the bravery of its early defenders, and the men who gave their services and even their lives for the State, have rendered a distinct service to Texas."{/blockquote} This stirrup came from Dan Kilgore, Corpus Christi, Texas, in 1980, along with the rest of his horse-related collection and library. Dan Kilgore (1921-1995) was a Certified Public Accountant and acclaimed amateur historian residing in Corpus Christi. He served as president of the Texas State Historical Association from 1976 to 1977 and was elected a Fellow of the TSHA in 1991. A noted Texana collector whose archival collections are now at Texas A & M University-Corpus Christi, Kilgore also authored How Did Davy Die?: Essays on the American West (College Station: Texas A & M University Press, 1978), now available in a new commemorative edition with a foreword by James E. Crisp. M. Elizabeth Appleby, Curator, San Jacinto Museum of History, to Michael R. Grauer, e-mail, 23 April 2010. Frances Battaile Fisk, A History of Texas Artists & Sculptors, Marble versions now stand outside the rotunda of the Texas Capitol. As does Huddle's Surrender of Santa Anna (1886).. Sam DeShong Ratcliffe, Painting Texas History to 1900. (Austin: University of Texas Press, 1992): 47. For a complete study of art in Texas prior to 1900, see Ratcliffe, Painting Texas History to 1900 and Pauline Pinckney, Painting in Texas: The Nineteenth Century (Austin: University of Texas Press, 1968). In October 1865 the United States and the Kiowa Comanche Plains Apache Southern Cheyenne and Southern Arapaho signed a treaty on the Little Arkansas River, Kansas, which became known as the Little Arkansas Treaty. The white representatives wanted peace, unmolested traffic on the Santa Fe trail and limitation of Indian territory. The Indians demanded unrestricted hunting grounds and reparation for the Sand Creek Massacre. Treaties made here gave the Indians reservations south of the Arkansas, excluded them north to the Platte and proclaimed peace. Several white captives were released, among them a woman and four children from Texas, the Box family, taken by a war party under Satanta. The tribes would be provided rations, houses, barns, and schools. Additionally, the tribes were to be permitted to continue to hunt buffalo if they stayed away from white settlements and roads. White buffalo hunters were not permitted to hunt below the Arkansas Later, he traveled to the Pacific Northwest and Alaska on a similar assignment. Due to illness, Catlin never crossed the Red River into Texas. {blockquote}R{/blockquote} Notes: (1)This stirrup came from Dan Kilgore, Corpus Christi, Texas, in 1980, along with the rest of his horse-related collection and library. Dan Kilgore (1921-1995) was a Certified Public Accountant and acclaimed amateur historian residing in Corpus Christi. He served as president of the Texas State Historical Association from 1976 to 1977 and was elected a Fellow of the TSHA in 1991. A noted Texana collector whose archival collections are now at Texas A & M University-Corpus Christi, Kilgore also authored How Did Davy Die?: Essays on the American West (College Station: Texas A & M University Press, 1978), now available in a new commemorative edition with a foreword by James E. Crisp. (2)M. Elizabeth Appleby, Curator, San Jacinto Museum of History, to Michael R. Grauer, e-mail, 23 April 2010. (3)Frances Battaile Fisk, A History of Texas Artists & Sculptors, (4)Marble versions now stand outside the rotunda of the Texas Capitol. (5)As does Huddle's Surrender of Santa Anna (1886).. (6)Sam DeShong Ratcliffe, Painting Texas History to 1900. (Austin: University of Texas Press, 1992): 47. (7)For a complete study of art in Texas prior to 1900, see Ratcliffe, Painting Texas History to 1900 and Pauline Pinckney, Painting in Texas: The Nineteenth Century (Austin: University of Texas Press, 1968). (8)In October 1865 the United States and the Kiowa Comanche Plains Apache Southern Cheyenne and Southern Arapaho signed a treaty on the Little Arkansas River, Kansas, which became known as the Little Arkansas Treaty. The white representatives wanted peace, unmolested traffic on the Santa Fe trail and limitation of Indian territory. The Indians demanded unrestricted hunting grounds and reparation for the Sand Creek Massacre. Treaties made here gave the Indians reservations south of the Arkansas, excluded them north to the Platte and proclaimed peace. Several white captives were released, among them a woman and four children from Texas, the Box family, taken by a war party under Satanta. (9)The tribes would be provided rations, houses, barns, and schools. Additionally, the tribes were to be permitted to continue to hunt buffalo if they stayed away from white settlements and roads. White buffalo hunters were not permitted to hunt below the Arkansas (10)Later, he traveled to the Pacific Northwest and Alaska on a similar assignment. (11)Due to illness, Catlin never crossed the Red River into Texas. {blockquote}Henry McArdle and the Quest for "Pictorial History" By Sam Ratcliffe, author of Painting Texas History to 1900{/blockquote} In recalling the method of composition for his 1872 painting, Grand Canyon of the Yellowstone, British artist Thomas Moran admitted that he "place[d] no value upon literal transcripts from Nature" but instead strived to "convey its true impression." The artist went on to explain how he altered the position of the rocks, canyon walls, and the waterfall itself in his canvas to be "strictly true to pictorial Nature," creating a fictional scene that proved so convincing that "every member of the expedition with which I was connected declared that he knew the exact spot that had been produced."(1) Similarly, Henry McArdle contended that he "aimed at natural action and historic truth" or, to adapt Moran's terminology, "pictorial history" in his approach to painting The Battle of San Jacinto and other works.(2) McArdle, a native of Ireland, had immigrated to Baltimore with an aunt at the age of fifteen and studied at the Maryland Institute for the Promotion of the Mechanic Arts, graduating in 1860. He put his artistic abilities to use for the Confederate Army, including serving as one of the topographical artists on the staff of General Robert E. Lee. Following the war, he took a position on the art faculty of Baylor Female College in Independence, Texas, in 1867. While painting portraits of veterans of the Texas Revolution and the Civil War, McArdle became intrigued by their stories of Texas history.(3) McArdle depicted the results of Santa Anna's encounter with Houston's "respectable" amount of troops in The Battle of San Jacinto (1895). As did his rival William Huddle, McArdle journeyed to the battlefield but, due to the wider scope of his subject, conducted far more detailed research. This required several excursions and included measuring and photographing all areas of the battlefield, citing the positions of individual units, and drawing up diagrams and models of the battle. He consulted published reports of the battle by Sam Houston and Mexican Army Colonel Pedro Delgado. As he had done for Dawn at the Alamo, he sought out former Confederate General P.G.T. Beauregard as well as U.S. Army General O.O. Howard for details regarding the flags, military fortifications, uniforms, and weaponry of both armies. Ultimately, though, McArdle's most fruitful sources of detailed information proved to be San Jacinto veterans and the families of the deceased members of the Texan army, who supplied photographs of these men. Indeed, a key motivation for McArdle's timing of work on this painting-which meant interrupting revision of Dawn at the Alamo-was the opportunity to interview and correspond with veterans and their families in order to be able to execute the canvas in their lifetimes. And the large number of survivors of San Jacinto ensured that he would be bombarded with many more opinions than he could incorporate in his rendering of the battle. In addition to the advancing age of the San Jacinto veterans, the Texas legislature's 1888 purchase of Huddle's The Surrender of Santa Anna seems to have prodded McArdle into beginning work on The Battle of San Jacinto, just as Onderdonk might have sped completion of Dawn at the Alamo a few years later. With very few exceptions, McArdle began gathering research material shortly after the completion of Huddle's painting in 1886, and this research activity increased markedly after 1888.(4) McArdle initially intended to pattern the painting after one of several renderings of the Mexican War's battle of Chapultepec but The Battle of San Jacinto owes more to his first attempt at battle painting, Lee at the Wilderness (circa 1873), which burned in the same Capitol fire that destroyed the original version of Dawn at the Alamo. McArdle began work on this painting soon after moving to Texas and meeting veterans of Hood's Texas Brigade. This incident had become famous for the action of a few members of the unit in restraining Lee from leading their charge on a Union position at a critical point in the battle, the Texans shouting "Lee to the rear" until their commander-in-chief relented in his determination. In addition to utilizing photographs to supplement his personal knowledge of the facial features of Texas veterans of the battle, McArdle employed some of these men as studio models in executing preliminary sketches of the scene.(5) One characteristic common to Lee at the Wilderness and The Battle of San Jacinto is that McArdle repainted each work for a patron. Although all of the circumstances surrounding execution of both of these repainted canvases are unclear, the artist's chronic financial straits seemed to have motivated him in each case. In 1901, DeShields paid McArdle $400.00 for this newly discovered version of The Battle of San Jacinto. Several years after Lee at the Wilderness was destroyed, McArdle painted a smaller, cropped version. This work was in payment for a long-standing debt that McArdle owed to a pioneer Texas physician who often had furnished him with painting supplies.(6) In visually narrating both events, McArdle employed fire, smoke, and meteorological elements to impart a dramatic, near-mystical atmosphere to a critical historical moment. As in Dawn at the Alamo and The Battle of San Jacinto, several of the figures in Lee at the Wilderness have distorted proportion and perspective. For example, in the right foreground, a wounded Confederate soldier reaches for a canteen beside the head of a dead comrade. The size and placement of these two figures do not harmonize with those in the rest of the painting but appear to be included primarily for melodramatic effect. In a typical public reaction to Lee at the Wilderness, one reviewer noted that the "unity" of this "breathing canvas" caused the viewer to take in the entire scene as a single effect rather than concentrate on any single aspect of it."(7) While such acclaim delighted McArdle, he was most concerned with the reaction of one particular group, the Hood's Texas Brigade Association. McArdle hoped to sell Lee at the Wilderness to the Association, but its members were unable to raise sufficient funds. In an attempt to sell the painting to the state, McArdle loaned it to the Capitol, only to have it destroyed.(8) Despite their similarities, Lee at the Wilderness was a less ambitious undertaking than The Battle of San Jacinto. Instead of a sprawl of detailed vignettes of equal importance, Lee at the Wilderness has the heroism of the Confederate commander and the devotion of his men as its central focus. By contrast, McArdle's portrayal of Sam Houston attempted to strike a balance between a Jacksonian "man of the people" and his personal bravery under fire. In response to urgings by San Jacinto veteran William Taylor, he depicted Houston as attempting to continue to lead the Texan charge after having had his horse shot from under him and his right ankle shattered by a musket ball. This accurate depiction meshed nicely with attempts by Taylor and others to clear Houston's name of charges by political rivals that he had dodged the area of heaviest combat and fiercest fighting. In the center left portion of the canvas, beside a Mexican battery, the Texan commander waves his white planter's hat as he prepares to lead his men afoot against a small band of riflemen forming behind Mexican General Manuel Fernandez Castrillon. In a vignette reminiscent of the central portion of Lee at the Wilderness, Houston's unarmed aide, disregarding his own safety, leads a horse to his commander.(9) McArdle also depicted Deaf Smith, mounted and armed with a sword, dispatching a Mexican officer identified as Don Esteban Mora. Behind Smith, Henry Karnes aims a pistol at Antonio Trevino as Don Dian Cos cries out for help. To the rear of Houston, Secretary of War Thomas J. Rusk directs troops with his sword from the back of a chestnut horse. In the painting's lower left foreground, two figures function as a human signpost by which the viewer can take his bearings in reading this portion of the painting. To the left of center, Andrew Briscoe, gazing directly at the viewer, brandishes a sword in an attitude of leading the Texan right against the Mexican breastworks. Behind and to the left of Briscoe, Colonel Edward Burleson, firing his pistol while trying to remain mounted on his rearing sorrel, leads the First Regiment. But below and slightly to the right of Santa Anna, Colonel Manuel Romero seems to capture best the essence of the battle. Arms upraised and waving his sword, the Mexican officer attempts futilely to rally soldiers who are already breaking and running towards the rear. In contrast to Houston, Santa Anna, in the painting's upper right portion, mounted on a black horse and wearing a white sombrero, flees the battlefield. A brown mule, trailing a rope from his neck, races behind him while a black mule kicks his hind legs into the air before the fleeing "Napoleon of the West." McArdle explained that he had included this prosaic vignette to demonstrate that "even [Santa Anna's] mules have lost respect for him."(10) But McArdle's depictions of Mexican combatants also included a number of portrayals of courage. For example, Reuben Potter designated Captain Juan Seguin's small force of Tejanos as "the only contingent of native Texans," and other prominent Texans asked McArdle to emphasize this detachment's heroism.(11) Potter, while terming San Jacinto one of the most important battles of history, also described it as one "in which the effective valor was all on one side and the slaughter, wrought mainly in pursuit, was almost wholly on the other."(12) Hints of this even-handedness had appeared in Potter's earliest advice for Dawn at the Alamo, such as his assertion that the "bravest attacks" on the morning of March 6 demonstrated the valor of the Mexican soldiers.(13) In writing about San Jacinto, Potter elaborated on this theme. He lauded the initial composure of many of the Mexican troops at San Jacinto and went on to note that they had plundered the countryside far less than had the Texans during the preceding six weeks.(14) Although McArdle began extensive research on the painting after Potter's death, he followed closely his late advisor's account. The artist described several Mexican combatants as "brave," "chivalrous," and "gallant."(15) Many Texans were especially sympathetic towards Castrillon, whom they regarded as an elderly, noble warrior who was shot down by Texas soldiers even after their commanding officers ordered them not to fire on the Mexican general. Referring to his use of several diagrams of the battlefield, McArdle admitted that the painting is "not a slavish transcript of the model-though the strongest (?) realism is preserved." The question mark raises an interesting point: was the artist simply not sure whether he was using the most appropriate word or was he questioning the realism of the painting?(16) He points out that the work is "too intricate in detail for an entirely satisfactory description."(17) Again, does this express a desire not to bore the reader or is he searching for a way to avoid criticism from San Jacinto veterans who might find fault with his artistic conception of the battle? His description also mentions the painting's "wealth of episode" and "that eternal variety and change demanded by a natural presentation."(18) McArdle's fear is understandable in light of historical controversies concerning the battle, such as that concerning Houston. One San Jacinto veteran, J.N. Hill, who furnished the artist with a great deal of information, also pointed out McArdle's artistic liberty in portraying the battle as having occurred near sunset. McArdle was especially sensitive to such criticism because many veterans had subscribed funds for completion of the painting, which was repeatedly delayed. Ultimately, though, a number of veterans-some of whom he had met while working on Lee at the Wilderness and Dawn at the Alamo-rewarded the artist with official endorsements of the truthfulness of the painting.(19) McArdle's goal was to portray the larger forces and, indeed, the emotions at work at the Alamo and San Jacinto battles. He used numbered pictures and lettered diagrams to bring his audience to an awareness and appreciation of the "grand sweep" and unfolding of specific historical events. In a fifteen-page description of The Battle of San Jacinto, written on State Senate stationery, McArdle lays out in explicit fashion both the technical aspects of the painting and the effects he was trying to achieve. Although this description is not dated, it was likely written around 1901 when, hopeful that the Legislature would appropriate money for the purchase of this and others of his paintings, McArdle received permission to hang San Jacinto in the Senate chamber. In the description, he declares to his audience that, despite its mass of detail, the painting's "unity has never been lost sight of [sic]."(20) The unifying element is, of course, the bravery shown by soldiers of both sides in the several discrete and simultaneous incidents. Even the use of light in the painting was designed to heighten the sense of mingled sacrifice and triumph. In the description, McArdle was careful to situate the viewer on an elevation facing northeastward across the battlefield, looking away from the setting sun. After explaining the position of the painting to the viewer, his first observation was to indicate that the shadows of sunset "add to the dramatic effect of the death-grapple" and convey "intense and graphic power ... softened by poetic fervour."(21) The final section of this description of the painting was entitled "Freedom's Light: Triumph of Texas' Independence (The aspect of the Heavens)!" and provides a fitting conclusion to our discussion of it today: Dark, inauspicious, and threatening clouds which overspread the heavens are suggestive of the suffering, danger, and death under which Texas had struggled...last rays of the setting sun break through the gloom, typical of the light and freedom and victory which is to be the result of the Texan victory at San Jacinto.(22) NOTES (1)Quoted in Robert Taft, Artists and Illustrators of the Old West (New York: Charles Scribner's Sons, 1950), p. 250. For an extensive discussion of the composition of this work as well as of Moran's other experiences in Yellowstone and his aesthetic approach to watercolor painting, see Carol Clark, Thomas Moran: Watercolors of the American West (Austin: University of Texas Press for the Amon Carter Museum, 1980), pp. 11-35; John C. Ewers, Artists of the Old West (New York: Doubleday and Co., 1965), pp. 194-197; and William H. and William N. Goetzmann, The West of the Imagination (New York: W.W. Norton and Co., 1986), pp. 176-178. {blockquote} (2)"McArdle Companion Battle Paintings. Historical Documents, II: Battle of San Jacinto," Texas State Archives, p. 90 (hereafter cited as "McArdle Companion II"). (3)McArdle to James T. DeShields, "'Log Cabin' Picture," pp. 2-3, n.d. (ca. December 1900), Box 5, File 144, James T. DeShields Collection, Daughters of the Republic of Texas Library at the Alamo, San Antonio (hereafter cited as JTD-DRT). See also McArdle to Governor Lawrence Sullivan Ross, 6 August 1888, quoted in James M. Day, ed., "Texas Letters and Documents," in Texana 8:3 (Waco: Texian Press, 1970), p. 300. In this letter, the artist states that he had begun work on studies of these subjects twenty years earlier. (4)See "List of Contributors," "McArdle Companion II", p. 90 and David A. Woodward to McArdle, 20 October 1890, p. 33. Veterans' correspondence is found in pp. 124-151, 156, 168-173, and 262. (5)See Dayton Kelley, "Search Turns Up Copy of Texas Artist's Work," Dallas Morning News, 4 March 1965 and McArdle to Beauregard, 13 May 1892, "McArdle Companion II," p. 175. (6)See DeShields, "List of Paintings," 25 July 1904, box 5, file 142, JTD-DRT. Ruskin McArdle unsuccessfully mounted emotional attempts to purchase both canvases from their owners. See Ruskin McArdle to DeShields, 12 December 1928, box 5, file 145, JTD-DRT. (7)McArdle, "Brief Description or Reading of the Painting." (8)See Austin Daily Democratic Statesman, 27, 28, and 29 June 1873; 6 July 1873; and 16 October 1877. Also see "Hard Luck Artist," Houston Post, 27 March 1949. (9)Taylor to McArdle, 8 March 1886, "McArdle Companion II," p. 1l7. Reuben Potter details the controversy concerning Houston in "The Battle of San Jacinto," in Magazine of American History 4 (May 1880), pp. 322-328. (10)See Taylor to McArdle, 8 March 1886, and "McArdle, "Brief Description or Reading of the Painting." (11)Potter, "The Battle of San Jacinto," pp. 339, 346. Legendary Texas Ranger John S. "Rip" Ford also urged McArdle to feature prominently Captain Antonio Manchaca of Seguin's command (which he did), claiming that it would win friends for the artist in San Antonio, Manchaca's place of residence. See Ford to McArdle, 1 June 1893, "McArdle Companion II," p. 254. (12)Potter, "The Battle of San Jacinto," p. 321. (13)Potter to McArdle, 13 August 1874, "McArdle Companion I," p. 22. (14)Potter, "The Battle of San Jacinto," pp. 339, 346. (15)"McArdle Companion II," pp. 236, 240. (16)"Description of the Painting," in "McArdle Companion II," p. 13. (17)Ibid. (18)Ibid. (19)Twelve veterans of the battle signed a document attesting to the painting's accuracy during a Texas Veterans Association San Jacinto Day Reunion, 21 April 1891. McArdle recorded names of supporters and their subscription amounts, ranging from $10.00 to $150.00, in his "List of Contributors." For veterans' criticisms, see Taylor to McArdle, 8 March 1886 and Hill to McArdle, 20 October 1895, "McArdle Companion II." (20)"Description of the Painting," in "McArdle Companion Battle Paintings, The Battle of San Jacinto," p. 13. (21)Ibid. (22)Ibid.{/blockquote}

Artist or Maker

Harry Arthur McArdle

Payment & Shipping

Accepted forms of payment: COD (cash on delivery)

Shipping

Delivery; Shipping; and Handling Charges:

32. Buyer is liable for shipping and handling. Please refer to Auctioneer's website www.HA.com/
common/shipping.php for the latest charges or call Auctioneer. Auctioneer is unable to
combine purchases from other auctions or affiliates into one package for shipping purposes.
Lots won will be shipped in a commercially reasonable time after payment in good funds for
the merchandise and the shipping fees is received or credit extended, except when third-party
shipment occurs.

33. Successful international Bidders shall provide written shipping instructions, including
specified customs declarations, to the Auctioneer for any lots to be delivered outside of the
United States. NOTE: Declaration value shall be the item'(s) hammer price together with its
buyer's premium and Auctioneer shall use the correct harmonized code for the lot. Domestic
Buyers on lots designated for third-party shipment must designate the common carrier, accept
risk of loss, and prepay shipping costs.

34. All shipping charges will be borne by the successful Bidder. Any risk of loss during shipment
will be borne by the buyer following Auctioneer's delivery to the designated common carrier
or third-party shipper, regardless of domestic or foreign shipment.

35. Due to the nature of some items sold, it shall be the responsibility for the successful bidder to
arrange pick-up and shipping through third-parties; as to such items Auctioneer shall have
no liability. Failure to pick-up or arrange shipping in a timely fashion (within ten days) shall
subject Lots to storage and moving charges, including a $100 administration fee plus $10 daily
storage for larger items and $5.00 daily for smaller items (storage fee per item) after 35 days. In
the event the Lot is not removed within ninety days, the Lot may be offered for sale to recover
any past due storage or moving fees, including a 10% Seller's Commission.

36. The laws of various countries regulate the import or export of certain plant and animal
properties, including (but not limited to) items made of (or including) ivory, whalebone,
turtleshell, coral, crocodile, or other wildlife. Transport of such lots may require special
licenses for export, import, or both. Bidder is responsible for: 1) obtaining all information
on such restricted items for both export and import; 2) obtaining all such licenses and/or
permits. Delay or failure to obtain any such license or permit does not relieve the buyer of
timely compliance with standard payment terms. For further information, please contact Ron
Brackemyre at 800-872-6467 ext. 1312.

37. Any request for shipping verification for undelivered packages must be made within 30 days
of shipment by Auctioneer.

Auction Details

November Art of the American West & Texas Auction #5050

by
Heritage Auctions
November 20, 2010, 12:30 PM CST

Heritage Auctions | Design District Showroom | 1518 Slocum Street, Dallas, TX, 75207, US

Explore This Auction

Terms

Buyer's Premium

22.5%

Bidding Increments

From:To:Increment:
$0$9$1
$10$29$2
$30$49$3
$50$99$5
$100$199$10
$200$299$20
$300$499$25
$500$999$50
$1,000$1,999$100
$2,000$2,999$200
$3,000$4,999$250
$5,000$9,999$500
$10,000$19,999$1,000
$20,000$29,999$2,000
$30,000$49,999$2,500
$50,000$99,999$5,000
$100,000$199,999$10,000
$200,000$299,999$20,000
$300,000$499,999$25,000
$500,000$999,999$50,000
$1,000,000$1,999,999$100,000
$2,000,000$2,999,999$200,000
$3,000,000$4,999,999$250,000
$5,000,000$9,999,999$500,000
$10,000,000+$1,000,000

Terms & Conditions

Terms and Conditions of Auction

Auctioneer and Auction:

1. This Auction is presented by Heritage Auction Galleries, a d/b/a/ of Heritage Auctions, Inc., or
its affiliates Heritage Numismatic Auctions, Inc., or Heritage Vintage Sports Auctions, Inc., or
Currency Auctions of America, Inc., as identified with the applicable licensing information on
the title page of the catalog or on the HA.com Internet site (the "Auctioneer"). The Auction is
conducted under these Terms and Conditions of Auction and applicable state and local law.
Announcements and corrections from the podium and those made through the Terms and
Conditions of Auctions appearing on the Internet at HA.com supersede those in the printed
catalog.

Buyer's Premium:

2. On bids placed through Auctioneer, a Buyer's Premium of fifteen percent (15%) will be added
to the successful hammer price bid on lots in Coin, Currency, and Philatelic auctions or
nineteen and one-half percent (19.5%) on lots in all other auctions. There is a minimum Buyer's
Premium of $14.00 per lot. In Gallery Auctions (sealed bid auctions of mostly bulk numismatic
material), the Buyer's Premium is 19.5%.
Auction Venues:

3. The following Auctions are conducted solely on the Internet: Heritage Weekly Internet Auctions
(Coin, Currency, Comics, and Vintage Movie Poster); Heritage Monthly Internet Auctions
(Sports, and Stamps). Signature® Auctions and Grand Format Auctions accept bids from the
Internet, telephone, fax, or mail first, followed by a floor bidding session; Heritage Live and
real-time telephone bidding are available to registered clients during these auctions.

Bidders:

4. Any person participating or registering for the Auction agrees to be bound by and accepts these
Terms and Conditions of Auction ("Bidder(s)").

5. All Bidders must meet Auctioneer's qualifications to bid. Any Bidder who is not a client in
good standing of the Auctioneer may be disqualified at Auctioneer's sole option and will not
be awarded lots. Such determination may be made by Auctioneer in its sole and unlimited
discretion, at any time prior to, during, or even after the close of the Auction. Auctioneer
reserves the right to exclude any person from the auction.

6. If an entity places a bid, then the person executing the bid on behalf of the entity agrees to
personally guarantee payment for any successful bid.
Credit:

7. Bidders who have not established credit with the Auctioneer must either furnish satisfactory
credit information (including two collectibles-related business references) well in advance
of the Auction or supply valid credit card information. Bids placed through our Interactive
Internet program will only be accepted from pre-registered Bidders; Bidders who are not
members of HA.com or affiliates should pre-register at least 48 hours before the start of the
first session (exclusive of holidays or weekends) to allow adequate time to contact references.
Credit may be granted at the discretion of Auctioneer. Additionally Bidders who have not
previously established credit or who wish to bid in excess of their established credit history
may be required to provide their social security number or the last four digits thereof to us so a
credit check may be performed prior to Auctioneer's acceptance of a bid.
Bidding Options:

8. Bids in Signature® Auctions or Grand Format Auctions may be placed as set forth in the printed
catalog section entitled "Choose your bidding method." For auctions held solely on the Internet,
see the alternatives on HA.com. Review at HA.com/common/howtobid.php.

9. Presentment of Bids: Non-Internet bids (including but not limited to podium, fax, phone
and mail bids) are treated similar to floor bids in that they must be on-increment or at a half
increment (called a cut bid). Any podium, fax, phone, or mail bids that do not conform to a full
or half increment will be rounded up or down to the nearest full or half increment and this
revised amount will be considered your high bid.

10. Auctioneer's Execution of Certain Bids. Auctioneer cannot be responsible for your errors in
bidding, so carefully check that every bid is entered correctly. When identical mail or FAX
bids are submitted, preference is given to the first received. To ensure the greatest accuracy,
your written bids should be entered on the standard printed bid sheet and be received at
Auctioneer's place of business at least two business days before the Auction start. Auctioneer
is not responsible for executing mail bids or FAX bids received on or after the day the first
lot is sold, nor Internet bids submitted after the published closing time; nor is Auctioneer
responsible for proper execution of bids submitted by telephone, mail, FAX, e-mail, Internet,
or in person once the Auction begins. Internet bids may not be withdrawn until your written
request is received and acknowledged by Auctioneer (FAX: 214-4438425); such requests must
state the reason, and may constitute grounds for withdrawal of bidding privileges. Lots won
by mail Bidders will not be delivered at the Auction unless prearranged.

11. Caveat as to Bid Increments. Bid increments (over the current bid level) determine the lowest
amount you may bid on a particular lot. Bids greater than one increment over the current bid
can be any whole dollar amount. It is possible under several circumstances for winning bids
to be between increments, sometimes only $1 above the previous increment. Please see: "How
can I lose by less than an increment?" on our website. Bids will be accepted in whole dollar
amounts only. No "buy" or "unlimited" bids will be accepted.

The following chart governs current bidding increments.

Current Bid.....................Bid Increment Current Bid.......................Bid Increment
<$10.....................................$1 $20,000 - $29,999.................$2,000
$10 - $29..............................$2 $30,000 - $49,999.................$2,500
$30 - $49..............................$3 $50,000 - $99,999.................$5,000
$50 - $99..............................$5 $100,000 - $199,999..............$10,000
$100 - $199..........................$10 $200,000 - $299,999.............$20,000
$200 - $299..........................$20 $300,000 - $499,999.............$25,000
$300 - $499..........................$25 $500,000 - $999,999.............$50,000
$500 - $999..........................$50 $1,000,000 - $1,999,999.......$100,000
$1,000 - $1,999....................$100 $2,000,000 - $2,999,999......$200,000
$2,000 - $2,999...................$200 $3,000,000 - $4,999,999......$250,000
$3,000 - $4,999...................$250 $5,000,000 - $9,999,999.......$500,000
$5,000 - $9,999...................$500 >$10,000,000.........................$1,000,000
$10,000 - $19,999................$1,000

12. If Auctioneer calls for a full increment, a bidder may request Auctioneer to accept a bid at half
of the increment ("Cut Bid") only once per lot. After offering a Cut Bid, bidders may continue
to participate only at full increments. Off-increment bids may be accepted by the Auctioneer at
Signature® Auctions and Grand Format Auctions. If the Auctioneer solicits bids other than the
expected increment, these bids will not be considered Cut Bids.
Conducting the Auction:

13. Notice of the consignor's liberty to place bids on his lots in the Auction is hereby made in
accordance with Article 2 of the Texas Business and Commercial Code. A "Minimum Bid" is
an amount below which the lot will not sell. THE CONSIGNOR OF PROPERTY MAY PLACE
WRITTEN "Minimum Bids" ON HIS LOTS IN ADVANCE OF THE AUCTION; ON SUCH
LOTS, IF THE HAMMER PRICE DOES NOT MEET THE "Minimum Bid", THE CONSIGNOR
MAY PAY A REDUCED COMMISSION ON THOSE LOTS. "Minimum Bids" are generally
posted online several days prior to the Auction closing. For any successful bid placed by a
consignor on his Property on the Auction floor, or by any means during the live session, or
after the "Minimum Bid" for an Auction have been posted, we will require the consignor to pay
full Buyer's Premium and Seller's Commissions on such lot.

14. The highest qualified Bidder recognized by the Auctioneer shall be the buyer. In the event
of a tie bid, the earliest bid received or recognized wins. In the event of any dispute between
any Bidders at an Auction, Auctioneer may at his sole discretion reoffer the lot. Auctioneer's
decision and declaration of the winning Bidder shall be final and binding upon all Bidders.
Bids properly offered, whether by floor Bidder or other means of bidding, may on occasion
be missed or go unrecognized; in such cases, the Auctioneer may declare the recognized bid
accepted as the winning bid, regardless of whether a competing bid may have been higher.

15. Auctioneer reserves the right to refuse to honor any bid or to limit the amount of any bid, in
its sole discretion. A bid is considered not made in "Good Faith" when made by an insolvent
or irresponsible person, a person under the age of eighteen, or is not supported by satisfactory
credit, collectibles references, or otherwise. Regardless of the disclosure of his identity, any bid
by a consignor or his agent on a lot consigned by him is deemed to be made in "Good Faith."
Any person apparently appearing on the OFAC list is not eligible to bid.

16. Nominal Bids. The Auctioneer in its sole discretion may reject nominal bids, small opening
bids, or very nominal advances. If a lot bearing estimates fails to open for 40-60% of the low
estimate, the Auctioneer may pass the item or may place a protective bid on behalf of the
consignor.

17. Lots bearing bidding estimates shall open at Auctioneer's discretion (approximately 50%-60%
of the low estimate). In the event that no bid meets or exceeds that opening amount, the lot
shall pass as unsold.

18. All items are to be purchased per lot as numerically indicated and no lots will be broken.
Auctioneer reserves the right to withdraw, prior to the close, any lots from the Auction.

19. Auctioneer reserves the right to rescind the sale in the event of nonpayment, breach of a
warranty, disputed ownership, auctioneer's clerical error or omission in exercising bids and
reserves, or for any other reason and in Auctioneer's sole discretion. In cases of nonpayment,
Auctioneer's election to void a sale does not relieve the Bidder from their obligation to
pay Auctioneer its fees (seller's and buyer's premium) and any other damages or expenses
pertaining to the lot.

20. Auctioneer occasionally experiences Internet and/or Server service outages, and Auctioneer
periodically schedules system downtime for maintenance and other purposes, during which
Bidders cannot participate or place bids. If such outages occur, we may at our discretion extend
bidding for the Auction. Bidders unable to place their Bids through the Internet are directed to
contact Client Services at 1-800-872-6467.

21. The Auctioneer, its affiliates, or their employees consign items to be sold in the Auction, and
may bid on those lots or any other lots. Auctioneer or affiliates expressly reserve the right
to modify any such bids at any time prior to the hammer based upon data made known to
the Auctioneer or its affiliates. The Auctioneer may extend advances, guarantees, or loans to
certain consignors.

22. The Auctioneer has the right to sell certain unsold items after the close of the Auction. Such lots
shall be considered sold during the Auction and all these Terms and Conditions shall apply to
such sales including but not limited to the Buyer's Premium, return rights, and disclaimers.
Payment:

23. All sales are strictly for cash in United States dollars (including U.S. currency, bank wire,
cashier checks, travelers checks, eChecks, and bank money orders, all subject to reporting
requirements). All are subject to clearing and funds being received In Auctioneer's account
before delivery of the purchases. Auctioneer reserves the right to determine if a check
constitutes "good funds" when drawn on a U.S. bank for ten days, and thirty days when drawn
on an international bank. Credit Card (Visa or Master Card only) and PayPal payments may
be accepted up to $10,000 from non-dealers at the sole discretion of the Auctioneer, subject to
the following limitations: a) sales are only to the cardholder, b) purchases are shipped to the
cardholder's registered and verified address, c) Auctioneer may pre-approve the cardholder's
credit line, d) a credit card transaction may not be used in conjunction with any other financing
or extended terms offered by the Auctioneer, and must transact immediately upon invoice
presentation, e) rights of return are governed by these Terms and Conditions, which supersede
those conditions promulgated by the card issuer, f) floor Bidders must present their card.

24. Payment is due upon closing of the Auction session, or upon presentment of an invoice.
Auctioneer reserves the right to void an invoice if payment in full is not received within 7
days after the close of the Auction. In cases of nonpayment, Auctioneer's election to void a sale
does not relieve the Bidder from their obligation to pay Auctioneer its fees (seller's and buyer's
premium) on the lot and any other damages pertaining to the lot.

25. Lots delivered to you, or your representative in the States of Texas, California, New York, or
other states where the Auction may be held, are subject to all applicable state and local taxes,
unless appropriate permits are on file with Auctioneer. Bidder agrees to pay Auctioneer the
actual amount of tax due in the event that sales tax is not properly collected due to: 1) an
expired, inaccurate, inappropriate tax certificate or declaration, 2) an incorrect interpretation
of the applicable statute, 3) or any other reason. The appropriate form or certificate must be
on file at and verified by Auctioneer five days prior to Auction or tax must be paid; only if such
form or certificate is received by Auctioneer within 4 days after the Auction can a refund of tax
paid be made. Lots from different Auctions may not be aggregated for sales tax purposes.

26. In the event that a Bidder's payment is dishonored upon presentment(s), Bidder shall pay the
maximum statutory processing fee set by applicable state law. If you attempt to pay via eCheck
and your financial institution denies this transfer from your bank account, or the payment
cannot be completed using the selected funding source, you agree to complete payment using
your credit card on file.

27. If any Auction invoice submitted by Auctioneer is not paid in full when due, the unpaid balance
will bear interest at the highest rate permitted by law from the date of invoice until paid. Any
invoice not paid when due will bear a three percent (3%) late fee on the invoice amount or
three percent (3%) of any installment that is past due. If the Auctioneer refers any invoice
to an attorney for collection, the buyer agrees to pay attorney's fees, court costs, and other
collection costs incurred by Auctioneer. If Auctioneer assigns collection to its in-house legal
staff, such attorney's time expended on the matter shall be compensated at a rate comparable
to the hourly rate of independent attorneys.

28. In the event a successful Bidder fails to pay any amounts due, Auctioneer reserves the right to sell
the lot(s) securing the invoice to any underbidders in the Auction that the lot(s) appeared, or at
subsequent private or public sale, or relist the lot(s) in a future auction conducted by Auctioneer.
A defaulting Bidder agrees to pay for the reasonable costs of resale (including a 10% seller's
commission, if consigned to an auction conducted by Auctioneer). The defaulting Bidder is liable
to pay any difference between his total original invoice for the lot(s), plus any applicable interest,
and the net proceeds for the lot(s) if sold at private sale or the subsequent hammer price of the
lot(s) less the 10% seller's commissions, if sold at an Auctioneer's auction.

29. Auctioneer reserves the right to require payment in full in good funds before delivery of the
merchandise.

30. Auctioneer shall have a lien against the merchandise purchased by the buyer to secure payment
of the Auction invoice. Auctioneer is further granted a lien and the right to retain possession of
any other property of the buyer then held by the Auctioneer or its affiliates to secure payment
of any Auction invoice or any other amounts due the Auctioneer or affiliates from the buyer.
With respect to these lien rights, Auctioneer shall have all the rights of a secured creditor
under Article 9 of the Texas Uniform Commercial Code, including but not limited to the right
of sale. In addition, with respect to payment of the Auction invoice(s), the buyer waives any
and all rights of offset he might otherwise have against the Auctioneer and the consignor of
the merchandise included on the invoice. If a Bidder owes Auctioneer or its affiliates on any
account, Auctioneer and its affiliates shall have the right to offset such unpaid account by any
credit balance due Bidder, and it may secure by possessory lien any unpaid amount by any of
the Bidder's property in their possession.

31. Title shall not pass to the successful Bidder until all invoices are paid in full. It is the
responsibility of the buyer to provide adequate insurance coverage for the items once they
have been delivered to a common carrier or third-party shipper.
Delivery; Shipping; and Handling Charges:

32. Buyer is liable for shipping and handling. Please refer to Auctioneer's website www.HA.com/
common/shipping.php for the latest charges or call Auctioneer. Auctioneer is unable to
combine purchases from other auctions or affiliates into one package for shipping purposes.
Lots won will be shipped in a commercially reasonable time after payment in good funds for
the merchandise and the shipping fees is received or credit extended, except when third-party
shipment occurs.

33. Successful international Bidders shall provide written shipping instructions, including
specified customs declarations, to the Auctioneer for any lots to be delivered outside of the
United States. NOTE: Declaration value shall be the item'(s) hammer price together with its
buyer's premium and Auctioneer shall use the correct harmonized code for the lot. Domestic
Buyers on lots designated for third-party shipment must designate the common carrier, accept
risk of loss, and prepay shipping costs.

34. All shipping charges will be borne by the successful Bidder. Any risk of loss during shipment
will be borne by the buyer following Auctioneer's delivery to the designated common carrier
or third-party shipper, regardless of domestic or foreign shipment.

35. Due to the nature of some items sold, it shall be the responsibility for the successful bidder to
arrange pick-up and shipping through third-parties; as to such items Auctioneer shall have
no liability. Failure to pick-up or arrange shipping in a timely fashion (within ten days) shall
subject Lots to storage and moving charges, including a $100 administration fee plus $10 daily
storage for larger items and $5.00 daily for smaller items (storage fee per item) after 35 days. In
the event the Lot is not removed within ninety days, the Lot may be offered for sale to recover
any past due storage or moving fees, including a 10% Seller's Commission.

36. The laws of various countries regulate the import or export of certain plant and animal
properties, including (but not limited to) items made of (or including) ivory, whalebone,
turtleshell, coral, crocodile, or other wildlife. Transport of such lots may require special
licenses for export, import, or both. Bidder is responsible for: 1) obtaining all information
on such restricted items for both export and import; 2) obtaining all such licenses and/or
permits. Delay or failure to obtain any such license or permit does not relieve the buyer of
timely compliance with standard payment terms. For further information, please contact Ron
Brackemyre at 800-872-6467 ext. 1312.

37. Any request for shipping verification for undelivered packages must be made within 30 days
of shipment by Auctioneer.
Cataloging, Warranties and Disclaimers:

38. NO WARRANTY, WHETHER EXPRESSED OR IMPLIED, IS MADE WITH RESPECT TO ANY
DESCRIPTION CONTAINED IN THIS AUCTION OR ANY SECOND OPINE. Any description
of the items or second opine contained in this Auction is for the sole purpose of identifying
the items for those Bidders who do not have the opportunity to view the lots prior to bidding,
and no description of items has been made part of the basis of the bargain or has created any
express warranty that the goods would conform to any description made by Auctioneer. Color
variations can be expected in any electronic or printed imaging, and are not grounds for the
return of any lot. NOTE: Auctioneer, in specified auction venues, for example, Fine Art, may
have express written warranties and you are referred to those specific terms and conditions. .

39. Auctioneer is selling only such right or title to the items being sold as Auctioneer may have
by virtue of consignment agreements on the date of auction and disclaims any warranty of
title to the Property. Auctioneer disclaims any warranty of merchantability or fitness for any
particular purposes. All images, descriptions, sales data, and archival records are the exclusive
property of Auctioneer, and may be used by Auctioneer for advertising, promotion, archival
records, and any other uses deemed appropriate.

40. Translations of foreign language documents may be provided as a convenience to interested
parties. Auctioneer makes no representation as to the accuracy of those translations and will
not be held responsible for errors in bidding arising from inaccuracies in translation.

41. Auctioneer disclaims all liability for damages, consequential or otherwise, arising out of or
in connection with the sale of any Property by Auctioneer to Bidder. No third party may rely
on any benefit of these Terms and Conditions and any rights, if any, established hereunder are
personal to the Bidder and may not be assigned. Any statement made by the Auctioneer is an
opinion and does not constitute a warranty or representation. No employee of Auctioneer may
alter these Terms and Conditions, and, unless signed by a principal of Auctioneer, any such
alteration is null and void.

42. Auctioneer shall not be liable for breakage of glass or damage to frames (patent or latent); such
defects, in any event, shall not be a basis for any claim for return or reduction in purchase price.
Release:

43. In consideration of participation in the Auction and the placing of a bid, Bidder expressly
releases Auctioneer, its officers, directors and employees, its affiliates, and its outside experts
that provide second opines, from any and all claims, cause of action, chose of action, whether
at law or equity or any arbitration or mediation rights existing under the rules of any
professional society or affiliation based upon the assigned description, or a derivative theory,
breach of warranty express or implied, representation or other matter set forth within these
Terms and Conditions of Auction or otherwise. In the event of a claim, Bidder agrees that
such rights and privileges conferred therein are strictly construed as specifically declared
herein; e.g., authenticity, typographical error, etc. and are the exclusive remedy. Bidder, by
non-compliance to these express terms of a granted remedy, shall waive any claim against
Auctioneer.

44. Notice: Some Property sold by Auctioneer are inherently dangerous e.g. firearms, cannons,
and small items that may be swallowed or ingested or may have latent defects all of which may
cause harm to a person. Purchaser accepts all risk of loss or damage from its purchase of these
items and Auctioneer disclaims any liability whether under contract or tort for damages and
losses, direct or inconsequential, and expressly disclaims any warranty as to safety or usage
of any lot sold.
Dispute Resolution and Arbitration Provision:

45. By placing a bid or otherwise participating in the auction, Bidder accepts these Terms and
Conditions of Auction, and specifically agrees to the dispute resolution provided herein.
Consumer disputes shall be resolved through court litigation which has an exclusive Dallas,
Texas venue clause and jury waiver. Non-consumer dispute shall be determined in binding
arbitration which arbitration replaces the right to go to court, including the right to a jury
trial.

46. Auctioneer in no event shall be responsible for consequential damages, incidental damages,
compensatory damages, or any other damages arising or claimed to be arising from the auction
of any lot. In the event that Auctioneer cannot deliver the lot or subsequently it is established that
the lot lacks title, or other transfer or condition issue is claimed, In such cases the sole remedy
shall be limited to rescission of sale and refund of the amount paid by Bidder; in no case shall
Auctioneer's maximum liability exceed the high bid on that lot, which bid shall be deemed for all
purposes the value of the lot. After one year has elapsed, Auctioneer's maximum liability shall be
limited to any commissions and fees Auctioneer earned on that lot.

47. In the event of an attribution error, Auctioneer may at its sole discretion, correct the error
on the Internet, or, if discovered at a later date, to refund the buyer's purchase price without
further obligation.

48. Dispute Resolution for Consumers and Non-Consumers: Any claim, dispute, or controversy
in connection with, relating to and /or arising out of the Auction, participation in the Auction.
Award of lots, damages of claims to lots, descriptions, condition reports, provenance, estimates,
return and warranty rights, any interpretation of these Terms and Conditions, any alleged
verbal modification of these Terms and Conditions and/or any purported settlement whether
asserted in contract, tort, under Federal or State statute or regulation shall or any other matter:
a) if presented by a consumer, be exclusively heard by, and the parties consent to, exclusive in
personam jurisdiction in the State District Courts of Dallas County, Texas. THE PARTIES
EXPRESSLY WAIVE ANY RIGHT TO TRIAL BY JURY. Any appeals shall be solely pursued
in the appellate courts of the State of Texas; or b) for any claimant other than a consumer, the
claim shall be presented in confidential binding arbitration before a single arbitrator, that the
parties may agree upon, selected from the JAMS list of Texas arbitrators. The case is not to be
administrated by JAMS; however, if the parties cannot agree on an arbitrator, then JAMS shall
appoint the arbitrator and it shall be conducted under JAMS rules. The locale shall be Dallas
Texas. The arbitrator's award may be enforced in any court of competent jurisdiction. Any
party on any claim involving the purchase or sale of numismatic or related items may elect
arbitration through binding PNG arbitration. Any claim must be brought within one (1) year
of the alleged breach, default or misrepresentation or the claim is waived. This agreement and
any claims shall be determined and construed under Texas law. The prevailing party (party
that is awarded substantial and material relief on its claim or defense) may be awarded its
reasonable attorneys' fees and costs.

49. No claims of any kind can be considered after the settlements have been made with the
consignors. Any dispute after the settlement date is strictly between the Bidder and consignor
without involvement or responsibility of the Auctioneer.

50. In consideration of their participation in or application for the Auction, a person or entity
(whether the successful Bidder, a Bidder, a purchaser and/or other Auction participant or
registrant) agrees that all disputes in any way relating to, arising under, connected with, or
incidental to these Terms and Conditions and purchases, or default in payment thereof, shall
be arbitrated pursuant to the arbitration provision. In the event that any matter including
actions to compel arbitration, construe the agreement, actions in aid or arbitration or
otherwise needs to be litigated, such litigation shall be exclusively in the Courts of the State
of Texas, in Dallas County, Texas, and if necessary the corresponding appellate courts. For
such actions, the successful Bidder, purchaser, or Auction participant also expressly submits
himself to the personal jurisdiction of the State of Texas.

51. These Terms & Conditions provide specific remedies for occurrences in the auction and
delivery process. Where such remedies are afforded, they shall be interpreted strictly. Bidder
agrees that any claim shall utilize such remedies; Bidder making a claim in excess of those
remedies provided in these Terms and Conditions agrees that in no case whatsoever shall
Auctioneer's maximum liability exceed the high bid on that lot, which bid shall be deemed for
all purposes the value of the lot.
Miscellaneous:

52. Agreements between Bidders and consignors to effectuate a non-sale of an item at Auction,
inhibit bidding on a consigned item to enter into a private sale agreement for said item, or to
utilize the Auctioneer's Auction to obtain sales for non-selling consigned items subsequent to
the Auction, are strictly prohibited. If a subsequent sale of a previously consigned item occurs
in violation of this provision, Auctioneer reserves the right to charge Bidder the applicable
Buyer's Premium and consignor a Seller's Commission as determined for each auction venue
and by the terms of the seller's agreement.

53. Acceptance of these Terms and Conditions qualifies Bidder as a client who has consented to be
contacted by Heritage in the future. In conformity with "do-not-call" regulations promulgated
by the Federal or State regulatory agencies, participation by the Bidder is affirmative consent to
being contacted at the phone number shown in his application and this consent shall remain in
effect until it is revoked in writing. Heritage may from time to time contact Bidder concerning
sale, purchase, and auction opportunities available through Heritage and its affiliates and
subsidiaries.

54. Rules of Construction: Auctioneer presents properties in a number of collectible fields, and as
such, specific venues have promulgated supplemental Terms and Conditions. Nothing herein
shall be construed to waive the general Terms and Conditions of Auction by these additional
rules and shall be construed to give force and effect to the rules in their entirety.
State Notices:
Notice as to an Auction in California. Auctioneer has in compliance with Title 2.95 of the California
Civil Code as amended October 11, 1993 Sec. 1812.600, posted with the California Secretary of
State its bonds for it and its employees, and the auction is being conducted in compliance with Sec.
2338 of the Commercial Code and Sec. 535 of the Penal Code.
Notice as to an Auction in New York City. These Terms and Conditions are designed to conform
to the applicable sections of the New York City Department of Consumer Affairs Rules and
Regulations as Amended. This is a Public Auction Sale conducted by Auctioneer. The New York
City licensed Auctioneers are Harvey Bennett, No. 0924050, and Samuel W. Foose, No.0952360,
who will conduct the Auction on behalf of Heritage Auctions, Inc. ("Auctioneer"). All lots are
subject to: the consignor's right to bid thereon in accord with these Terms and Conditions of
Auction, consignor's option to receive advances on their consignments, and Auctioneer, in its sole
discretion, may offer limited extended financing to registered bidders, in accord with Auctioneer's
internal credit standards. A registered bidder may inquire whether a lot is subject to an advance or
reserve. Auctioneer has made advances to various consignors in this sale.
Notice as to an Auction in Texas. In compliance with TDLR rule 67.100(c)(1), notice is hereby
provided that this auction is covered by a Recovery Fund administered by the Texas Department
of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711 (512) 463-6599. Any complaints
may be directed to the same address.
Notice as to an Auction in Ohio: Auction firm and Auctioneer are licensed by the Dept. of
Agriculture, and either the licensee is bonded in favor of the state or an aggrieved person may
initiate a claim against the auction recovery fund created in Section 4707.25 of the Revised Code
as a result of the licensee's actions, whichever is applicable. Rev. 4-15-10

Additional Terms & Conditions:

Coins & Curency

COINS and CURRENCY TERM A: Signature® Auctions are not on approval. No certified material may
be returned because of possible differences of opinion with respect to the grade offered by any thirdparty
organization, dealer, or service. No guarantee of grade is offered for uncertified Property sold
and subsequently submitted to a third-party grading service. There are absolutely no exceptions to
this policy. Under extremely limited circumstances, (e.g. gross cataloging error) a purchaser, who
did not bid from the floor, may request Auctioneer to evaluate voiding a sale: such request must be
made in writing detailing the alleged gross error; submission of the lot to the Auctioneer must be
pre-approved by the Auctioneer; and bidder must notify Ron Brackemyre (1-800-8726467 Ext. 1312)
in writing of such request within three (3) days of the non-floor bidder's receipt of the lot. Any lot
that is to be evaluated must be in our offices within 30 days after Auction. Grading or method of
manufacture do not qualify for this evaluation process nor do such complaints constitute a basis to
challenge the authenticity of a lot. AFTER THAT 30-DAY PERIOD, NO LOTS MAY BE RETURNED
FOR REASONS OTHER THAN AUTHENTICITY. Lots returned must be housed intact in their
original holder. No lots purchased by floor Bidders may be returned (including those Bidders acting
as agents for others) except for authenticity. Late remittance for purchases may be considered just
cause to revoke all return privileges.

COINS and CURRENCY TERM B: Auctions conducted solely on the Internet THREE (3) DAY RETURN
POLICY: Certified Coin and Uncertified and Certified Currency lots paid for within seven days of the
Auction closing are sold with a three (3) day return privilege. You may return lots under the following
conditions: Within three days of receipt of the lot, you must first notify Auctioneer by contacting
Client Service by phone (1-800-872-6467) or e-mail (Bid@HA.com), and immediately ship the lot(s)
fully insured to the attention of Returns, Heritage, 3500 Maple Avenue, 17th Floor, Dallas TX 75219-
3941. Lots must be housed intact in their original holder and condition. You are responsible for the
insured, safe delivery of any lots. A non-negotiable return fee of 5% of the purchase price ($10 per
lot minimum) will be deducted from the refund for each returned lot or billed directly. Postage and
handling fees are not refunded. After the three-day period (from receipt), no items may be returned
for any reason. Late remittance for purchases revokes these Return privileges.

COINS and CURRENCY TERM C: Bidders who have inspected the lots prior to any Auction, or attended
the Auction, or bid through an Agent, will not be granted any return privileges, except for reasons
of authenticity.

COINS and CURRENCY TERM D: Coins sold referencing a third-party grading service are sold "as
is" without any express or implied warranty, except for a guarantee by Auctioneer that they are
genuine. Certain warranties may be available from the grading services and the Bidder is referred
to them for further details: Numismatic Guaranty Corporation (NGC), P.O. Box 4776, Sarasota, FL
34230; Professional Coin Grading Service (PCGS), PO Box 9458, Newport Beach, CA 92658; ANACS,
6555 S. Kenton St. Ste. 303, Englewood, CO 80111; and Independent Coin Grading Co. (ICG), 7901
East Belleview Ave., Suite 50, Englewood, CO 80111.

COINS and CURRENCY TERM E: Notes sold referencing a third-party grading service are sold "as is"
without any express or implied warranty, except for guarantee by Auctioneer that they are genuine.
Grading, condition or other attributes of any lot may have a material effect on its value, and the
opinion of others, including third-party grading services such as PCGS Currency, PMG, and CGA
may differ with that of Auctioneer. Auctioneer shall not be bound by any prior or subsequent opinion,
determination, or certification by any grading service. Bidder specifically waives any claim to right
of return of any item because of the opinion, determination, or certification, or lack thereof, by any
grading service. Certain warranties may be available from the grading services and the Bidder is
referred to them for further details: Paper Money Guaranty (PMG), PO Box 4711, Sarasota FL 34230;
PCGS Currency, PO Box 9458, Newport Beach, CA 92658; Currency Grading & Authentication
(CGA), PO Box 418, Three Bridges, NJ 08887. Third party graded notes are not returnable for any
reason whatsoever.

COINS and CURRENCY TERM F: Since we cannot examine encapsulated coins or notes, they are sold
"as is" without our grading opinion, and may not be returned for any reason. Auctioneer shall not be
liable for any patent or latent defect or controversy pertaining to or arising from any encapsulated
collectible. In any such instance, purchaser's remedy, if any, shall be solely against the service
certifying the collectible.

COINS and CURRENCY TERM G: Due to changing grading standards over time, differing
interpretations, and to possible mishandling of items by subsequent owners, Auctioneer reserves the
right to grade items differently than shown on certificates from any grading service that accompany
the items. Auctioneer also reserves the right to grade items differently than the grades shown in the
prior catalog should such items be reconsigned to any future auction.

COINS and CURRENCY TERM H: Although consensus grading is employed by most grading services,
it should be noted as aforesaid that grading is not an exact science. In fact, it is entirely possible that
if a lot is broken out of a plastic holder and resubmitted to another grading service or even to the
same service, the lot could come back with a different grade assigned.

COINS and CURRENCY TERM I: Certification does not guarantee protection against the normal
risks associated with potentially volatile markets. The degree of liquidity for certified coins and
collectibles will vary according to general market conditions and the particular lot involved. For
some lots there may be no active market at all at certain points in time.

COINS and CURRENCY TERM J: All non-certified coins and currency are guaranteed genuine, but
are not guaranteed as to grade, since grading is a matter of opinion, an art and not a science, and
therefore the opinion rendered by the Auctioneer or any third party grading service may not agree
with the opinion of others (including trained experts), and the same expert may not grade the same
item with the same grade at two different times. Auctioneer has graded the non-certified numismatic
items, in the Auctioneer's opinion, to their current interpretation of the American Numismatic
Association's standards as of the date the catalog was prepared. There is no guarantee or warranty
implied or expressed that the grading standards utilized by the Auctioneer will meet the standards
of any grading service at any time in the future.

COINS and CURRENCY TERM K: Storage of purchased coins and currency: Purchasers are advised
that certain types of plastic may react with a coin's metal or transfer plasticizer to notes and may
cause damage. Caution should be used to avoid storage in materials that are not inert.

COINS and CURRENCY TERM L: Storage of purchased coins and currency: Purchasers are advised that
certain types of plastic may react with a coin's metal or transfer plasticizer to notes and may cause
damage. Caution should be used to avoid storage in materials that are not inert.

COINS and CURRENCY TERM M: NOTE: Purchasers of rare coins or currency through Heritage have
available the option of arbitration by the Professional Numismatists Guild (PNG); if an election is
not made within ten (10) days of an unresolved dispute, Auctioneer may elect either PNG or A.A.A.
Arbitration.

COINS and CURRENCY TERM N: For more information regarding Canadian lots attributed to the
Charlton reference guides, please contact: Charlton International, PO Box 820, Station Willowdale
B, North York, Ontario M2K 2R1 Canada.

WIRING INSTRUCTIONS:

BANK INFORMATION:

Wells Fargo Bank
420 Montgomery Street
San Francisco, CA 94104-1207

ACCOUNT NAME: Heritage Auction Galleries

ABA NUMBER: 121000248

ACCOUNT NUMBER: 4121930028

SWIFT CODE: WFBIUS6S

Rev. 7-24-09

Additional Terms & Conditions:

MEMORABILIA & Historical AUCTIONS

MEMORABILIA & HISTORICAL TERM A: Signature® and Grand Format Auctions of Autographs,
Sports Collectibles, Music, Entertainment, Political, Americana, Vintage Movie Posters and
Pop Culture memorabilia are not on approval. When the lot is accompanied by a Certificate of
Authenticity (or its equivalent) from an third-party authentication provider, buyer has no right
of return. On lots not accompanied by third-party authentication or under extremely limited
circumstances not including authenticity (e.g. gross cataloging error), a purchaser who did not
bid from the floor may request Auctioneer to evaluate voiding a sale; such request must be made
in writing detailing the alleged gross error, and submission of the lot to Auctioneer must be
pre-approved by Auctioneer. A Bidder must notify the appropriate department head (check the
inside front cover of the catalog or our website for a listing of department heads) in writing of
the Bidder's request within three (3) days of the non-floor bidder's receipt of the lot. Any lot that
is to be evaluated for return must be received in our offices within 35 days after Auction. AFTER
THAT 35 DAY PERIOD, NO LOT MAY BE RETURNED FOR ANY REASONS. Lots returned
must be in the same condition as when sold and must include any Certificate of Authenticity.
No lots purchased by floor bidders (including those bidders acting as agents for others) may
be returned. Late remittance for purchases may be considered just cause to revoke all return
privileges.

MEMORABILIA & HISTORICAL TERM B: When a memorabilia lot is accompanied by a Certificate
of Authenticity (or its equivalent) from an independent third-party authentication provider,
Auctioneer does not warrant authenticity of that lot. Bidder shall solely rely upon warranties
of the authentication provider issuing the Certificate or opinion. For information as to such
authentication providers' warranties the bidder is directed to: SCD Authentic, 4034 West
National Ave., Milwaukee, WI 53215 (800) 345-3168; JO Sports, Inc., P.O. Box 607 Brookhaven,
NY 11719 (631) 286-0970; PSA/DNA; 130 Brookshire Lane, Orwigsburg, Pa. 17961; Mike
Gutierrez Autographs, 8150 Raintree Drive Suite A, Scottsdale, AZ. 85260; or as otherwise noted
on the Certificate.

MEMORABILIA & HISTORICAL TERM C: As authenticity and provenance are not warranted, if
a Bidder intends to challenge, authenticity or provenance of a lot he must notify Auctioneer in
writing within thirty-five (35) days of the Auction's conclusion. Any claim as to provenance or
authenticity must be first transmitted to Auctioneer by credible and definitive evidence or the
opine of a qualified third party expert and there is no assurance after such presentment that
Auctioneer will validate the claim. Authentication is not an exact science and contrary opinions
may not be recognized by Auctioneer. Even if Auctioneer agrees with the contrary opinion of
such authentication and validates the claim, Auctioneer's liability for reimbursement for any
opine by Bidder's expert shall not exceed $500. Acceptance of a claim under this provision shall
be limited to rescission of the sale and refund of purchase price; in no case shall Auctioneer's
maximum liability exceed the high bid on that lot, which bid shall be deemed for all purposes
the value of the lot. While every effort is made to determine provenance and authenticity, it is
the responsibility of the Bidder to arrive at their own conclusion prior to bidding.

MEMORABILIA & HISTORICAL TERM D: In the event Auctioneer cannot deliver the lot or
subsequently it is established that the lot lacks title, or other transfer or condition issue is
claimed, Auctioneer's liability shall be limited to rescission of sale and refund of purchase
price; in no case shall Auctioneer's maximum liability exceed the high bid on that lot, which bid
shall be deemed for all purposes the value of the lot. After one year has elapsed from the close
of the Auction, Auctioneer's maximum liability shall be limited to any commissions and fees
Auctioneer earned on that lot.

MEMORABILIA & HISTORICAL TERM E: On the fall of Auctioneer's hammer, buyer assumes full
risk and responsibility for lot, including shipment by common carrier, and must provide their
own insurance coverage for shipments.

MEMORABILIA & HISTORICAL TERM F: Auctioneer complies with all Federal and State rules
and regulations relating to the purchasing, registration and shipping of firearms. A purchaser is
required to provide appropriate documents and the payment of associated fees, if any. Purchaser
is responsible for providing a shipping address that is suitable for the receipt of a firearm.

Memorabilia and Historical Term G -Screen Shot . Screen shots included in the catalog
or on the Heritage Internet are provided for reference only. Important Notice: Many identical
versions of props and costumes are created for film and television productions in the normal
course of a production. Heritage does not warrant or represent that the screen shots referenced
are exact images of the offered item (unless specifically noted in the written description). Use
of a screen shot does not constitute a warranty or representation of authenticity or provenance.
There is not a right of return or refund based upon a claim arising out of or pertaining to any
reference to a screen shot.

WIRING INSTRUCTIONS:

BANK INFORMATION:

Wells Fargo Bank

420 Montgomery Street
San Francisco, CA 94104-1207

ACCOUNT NAME: Heritage Auction Galleries

ABA NUMBER: 121000248

ACCOUNT NUMBER: 4121930028

SWIFT CODE: WFBIUS6S

Rev. 5-17-10

Additional Terms & Conditions:

FINE & DECORATIVE ARTS AUCTIONS

FINE AND DECORATIVE ARTS TERM A: LIMITED WARRANTY: Auctioneer warrants authorship,
period or culture of each lot sold in this catalog as set out in the BOLD-face type heading in the
catalog description of the lot, with the following exclusions. This warranty does not apply to:

i. authorship of any paintings, drawings or sculpture created prior to 1870, unless the lot is
determined to be a counterfeit which has a value at the date of the claim for rescission which is
materially less than the purchase price paid for the lot; or

ii. any catalog description where it was specifically mentioned that there is a conflict of specialist
opinion on the authorship of a lot; or

iii. authorship which on the date of sale was in accordance with the then generally accepted opinion of
scholars and specialists, despite the subsequent discovery of new information, whether historical
or physical, concerning the artist or craftsman, his students, school, workshop or followers; or

iv. the identification of periods or dates of execution which may be proven inaccurate by means of
scientific processes not generally accepted for use until after publication of the catalog, or which
were unreasonably expensive or impractical to use at the time of publication of the catalog.
The term counterfeit is defined as a modern fake or forgery, made less than fifty years ago with the
intent to deceive. The authenticity of signatures, monograms, initials or other similar indications
of authorship is expressly excluded as a controlling factor in determining whether a work is a
counterfeit under the meaning of these Terms and Conditions of Auction.

FINE AND DECORATIVE ARTS TERM B: GLOSSARY OF TERMS: Terms used in this catalog have the
following meanings. Please note that all statements in this catalog, excluding those in BOLD-face
type, regarding authorship, attribution, origin, date, age, provenance and condition are statements
of opinion and are not treated as a statement of fact.

1. THOMAS MORAN
In our opinion, the work is by the artist.

2. ATTRIBUTED TO THOMAS MORAN
In our opinion, the work is of the period of the artist which may be whole or in part the work of the
artist.

3. STUDIO, (CIRCLE OR WORKSHOP) OF THOMAS MORAN
In our opinion, the work is of the period and closely relates to his style.

4. SCHOOL OF THOMAS MORAN
In our opinion, the work is by a pupil or a follower of the artist.

5. MANNER OF THOMAS MORAN
In our opinion, the work is in the style of the artist and is of a later period.

6. AFTER THOMAS MORAN
In our opinion, this work is a copy of the artist.

7. ASCRIBED TO THOMAS MORAN
In our opinion, this work is not by the artist, however, previous scholarship has noted this to be a
work by the artist.

8. SIGNED (OR DATED)
The work has a signature (or date) which is in our opinion is genuine.

9. BEARS SIGNATURE (OR DATE)
The work has a signature (or date) which in our opinion is not authentic.
FINE AND DECORATIVE ARTS TERM C: PRESENTMENT: The warranty as to authorship is provided
for a period of one (1) year from the date of the auction and is only for the benefit of the original
purchaser of record and is not transferable.

FINE AND DECORATIVE ARTS TERM D: The Auction is not on approval. Under extremely limited
circumstances (e.g. gross cataloging error), not including attributions in BOLD-face type, which
are addressed in Term F below, a purchaser who did not bid from the floor may request Auctioneer
to evaluate voiding a sale; such request must be made in writing detailing the alleged gross error,
and submission of the lot to Auctioneer must be pre-approved by Auctioneer. A bidder must notify
the appropriate department head (check the inside front cover of the catalog or our website for
a listing of department heads) in writing of the purchaser's request within three (3) days of the
non-floor bidder's receipt of the lot. Any lot that is to be evaluated for return must be received
in our offices within 40 days after Auction. AFTER THAT 40-DAY PERIOD, NO LOT MAY BE
RETURNED FOR ANY REASON. Lots returned must be in the same condition as when sold
and must include any Certificate of Authenticity. No lots purchased by floor bidders (including
those bidders acting as agents for others) may be returned. Late remittance for purchases may be
considered just cause to revoke all return privileges.

FINE AND DECORATIVE ARTS TERM E: The catalog descriptions are provided for identification
purposes only. Bidders who intend to challenge a BOLD-face provision in the description of a
lot must notify Auctioneer in writing within forty (40) days of the Auction's conclusion. In the
event Auctioneer cannot deliver the lot or subsequently it is established that the lot lacks title or
the BOLD-face section of description is incorrect, or other transfer or condition issue is claimed,
Auctioneer's liability shall be limited to rescission of sale and refund of purchase price. In no
case shall Auctioneer's maximum liability exceed the successful bid on that lot, which bid shall
be deemed for all purposes the value of the lot. After one year has elapsed from the close of the
Auction, Auctioneer's maximum liability shall be limited to any commissions and fees Auctioneer
earned on that lot.

FINE AND DECORATIVE ARTS TERM F: Any claim as to authorship, provenance, authenticity, or
other matter under the remedies provided in the Fine Arts Terms and Conditions or otherwise
must be first transmitted to Auctioneer by credible and definitive evidence within the applicable
claim period. Auctioneer, in processing the written claim, may require the Purchaser to obtain the
written opinion of two recognized experts in the field who are mutually accepted by Auctioneer
and Purchaser. Upon receipt of the two opinions, Auctioneer shall determine whether to rescind
the sale. The Purchaser's claim must be presented in accord with the remedies provided herein

Payment

Payment:

23. All sales are strictly for cash in United States dollars (including U.S. currency, bank wire,
cashier checks, travelers checks, eChecks, and bank money orders, all subject to reporting
requirements). All are subject to clearing and funds being received In Auctioneer's account
before delivery of the purchases. Auctioneer reserves the right to determine if a check
constitutes "good funds" when drawn on a U.S. bank for ten days, and thirty days when drawn
on an international bank. Credit Card (Visa or Master Card only) and PayPal payments may
be accepted up to $10,000 from non-dealers at the sole discretion of the Auctioneer, subject to
the following limitations: a) sales are only to the cardholder, b) purchases are shipped to the
cardholder's registered and verified address, c) Auctioneer may pre-approve the cardholder's
credit line, d) a credit card transaction may not be used in conjunction with any other financing
or extended terms offered by the Auctioneer, and must transact immediately upon invoice
presentation, e) rights of return are governed by these Terms and Conditions, which supersede
those conditions promulgated by the card issuer, f) floor Bidders must present their card.

24. Payment is due upon closing of the Auction session, or upon presentment of an invoice.
Auctioneer reserves the right to void an invoice if payment in full is not received within 7
days after the close of the Auction. In cases of nonpayment, Auctioneer's election to void a sale
does not relieve the Bidder from their obligation to pay Auctioneer its fees (seller's and buyer's
premium) on the lot and any other damages pertaining to the lot.

25. Lots delivered to you, or your representative in the States of Texas, California, New York, or
other states where the Auction may be held, are subject to all applicable state and local taxes,
unless appropriate permits are on file with Auctioneer. Bidder agrees to pay Auctioneer the
actual amount of tax due in the event that sales tax is not properly collected due to: 1) an
expired, inaccurate, inappropriate tax certificate or declaration, 2) an incorrect interpretation
of the applicable statute, 3) or any other reason. The appropriate form or certificate must be
on file at and verified by Auctioneer five days prior to Auction or tax must be paid; only if such
form or certificate is received by Auctioneer within 4 days after the Auction can a refund of tax
paid be made. Lots from different Auctions may not be aggregated for sales tax purposes.

26. In the event that a Bidder's payment is dishonored upon presentment(s), Bidder shall pay the
maximum statutory processing fee set by applicable state law. If you attempt to pay via eCheck
and your financial institution denies this transfer from your bank account, or the payment
cannot be completed using the selected funding source, you agree to complete payment using
your credit card on file.

27. If any Auction invoice submitted by Auctioneer is not paid in full when due, the unpaid balance
will bear interest at the highest rate permitted by law from the date of invoice until paid. Any
invoice not paid when due will bear a three percent (3%) late fee on the invoice amount or
three percent (3%) of any installment that is past due. If the Auctioneer refers any invoice
to an attorney for collection, the buyer agrees to pay attorney's fees, court costs, and other
collection costs incurred by Auctioneer. If Auctioneer assigns collection to its in-house legal
staff, such attorney's time expended on the matter shall be compensated at a rate comparable
to the hourly rate of independent attorneys.

28. In the event a successful Bidder fails to pay any amounts due, Auctioneer reserves the right to sell
the lot(s) securing the invoice to any underbidders in the Auction that the lot(s) appeared, or at
subsequent private or public sale, or relist the lot(s) in a future auction conducted by Auctioneer.
A defaulting Bidder agrees to pay for the reasonable costs of resale (including a 10% seller's
commission, if consigned to an auction conducted by Auctioneer). The defaulting Bidder is liable
to pay any difference between his total original invoice for the lot(s), plus any applicable interest,
and the net proceeds for the lot(s) if sold at private sale or the subsequent hammer price of the
lot(s) less the 10% seller's commissions, if sold at an Auctioneer's auction.

29. Auctioneer reserves the right to require payment in full in good funds before delivery of the
merchandise.

30. Auctioneer shall have a lien against the merchandise purchased by the buyer to secure payment
of the Auction invoice. Auctioneer is further granted a lien and the right to retain possession of
any other property of the buyer then held by the Auctioneer or its affiliates to secure payment
of any Auction invoice or any other amounts due the Auctioneer or affiliates from the buyer.
With respect to these lien rights, Auctioneer shall have all the rights of a secured creditor
under Article 9 of the Texas Uniform Commercial Code, including but not limited to the right
of sale. In addition, with respect to payment of the Auction invoice(s), the buyer waives any
and all rights of offset he might otherwise have against the Auctioneer and the consignor of
the merchandise included on the invoice. If a Bidder owes Auctioneer or its affiliates on any
account, Auctioneer and its affiliates shall have the right to offset such unpaid account by any
credit balance due Bidder, and it may secure by possessory lien any unpaid amount by any of
the Bidder's property in their possession.

31. Title shall not pass to the successful Bidder until all invoices are paid in full. It is the
responsibility of the buyer to provide adequate insurance coverage for the items once they
have been delivered to a common carrier or third-party shipper.

Deliver; Shipping; and Handling Charges

Delivery; Shipping; and Handling Charges:

32. Buyer is liable for shipping and handling. Please refer to Auctioneer's website www.HA.com/
common/shipping.php for the latest charges or call Auctioneer. Auctioneer is unable to
combine purchases from other auctions or affiliates into one package for shipping purposes.
Lots won will be shipped in a commercially reasonable time after payment in good funds for
the merchandise and the shipping fees is received or credit extended, except when third-party
shipment occurs.

33. Successful international Bidders shall provide written shipping instructions, including
specified customs declarations, to the Auctioneer for any lots to be delivered outside of the
United States. NOTE: Declaration value shall be the item'(s) hammer price together with its
buyer's premium and Auctioneer shall use the correct harmonized code for the lot. Domestic
Buyers on lots designated for third-party shipment must designate the common carrier, accept
risk of loss, and prepay shipping costs.

34. All shipping charges will be borne by the successful Bidder. Any risk of loss during shipment
will be borne by the buyer following Auctioneer's delivery to the designated common carrier
or third-party shipper, regardless of domestic or foreign shipment.

35. Due to the nature of some items sold, it shall be the responsibility for the successful bidder to
arrange pick-up and shipping through third-parties; as to such items Auctioneer shall have
no liability. Failure to pick-up or arrange shipping in a timely fashion (within ten days) shall
subject Lots to storage and moving charges, including a $100 administration fee plus $10 daily
storage for larger items and $5.00 daily for smaller items (storage fee per item) after 35 days. In
the event the Lot is not removed within ninety days, the Lot may be offered for sale to recover
any past due storage or moving fees, including a 10% Seller's Commission.

36. The laws of various countries regulate the import or export of certain plant and animal
properties, including (but not limited to) items made of (or including) ivory, whalebone,
turtleshell, coral, crocodile, or other wildlife. Transport of such lots may require special
licenses for export, import, or both. Bidder is responsible for: 1) obtaining all information
on such restricted items for both export and import; 2) obtaining all such licenses and/or
permits. Delay or failure to obtain any such license or permit does not relieve the buyer of
timely compliance with standard payment terms. For further information, please contact Ron
Brackemyre at 800-872-6467 ext. 1312.

37. Any request for shipping verification for undelivered packages must be made within 30 days
of shipment by Auctioneer.

Buyer's Premium

Buyer's Premium:

2. On bids placed through Auctioneer, a Buyer's Premium of fifteen percent (15%) will be added to the successful hammer price bid on lots in Coin, Currency, and Philatelic auctions or nineteen and one-half percent (19.5%) on lots in all other auctions. There is a minimum Buyer's Premium of $14.00 per lot. In Gallery Auctions (sealed bid auctions of mostly bulk numismatic material), the Buyer's Premium is 19.5%.
Devices

Get Invaluable on Your Phone

Download the app via text link to get instantly notified if you’re outbid and receive auction reminders so you never miss out!

Bid On-the-Go!

Download the Invaluable app and never miss an auction from your iOS or Android device.

App Store badgeGoogle Play badge
Invaluable Logo

As the world's leading online auction marketplace, thousands of auction houses use Invaluable to deepen relationships with millions of clients around the world. Stay connected to the things you love with curated items and auctions sent to your inbox.

You can unsubscribe at any time. View ourPrivacy Policy.

© 1986-2024 Invaluable, LLC. and participating auction houses. All Rights Reserved.

TermsSubscription AgreementPrivacy PolicyCopyrightGDPR InfoPrivacy ChoiceYour Privacy ChoicesSite Map