228: Archive of J.G. Miller, 10th Va. Including ANV Bat Start Price USD 400,000.00 Current Price USD 370,000.00 Time Left - Bid Count 10 Buy It Now Price - Reserve Price - Start Time Thursday, December 04, 2008 End Time Thursday, December 04, 2008 Location 6270 Este Ave., Cincinnati, Ohio 45232 See more about '228: Archive of J.G. Miller, 10th Va. Including ANV Bat' Description click for larger image228: Archive of J.G. Miller, 10th Va. Including ANV BatArchive of J.G. Miller, 10th Va. Including ANV Battle Flag, The signature relic of this lot is a 44 x 47" battle flag, composed of a field made of three pieces of red wool bunting (two 16" in width and one 8.5" in width) joined together horizontally by hand stitching; the blue cross made of three pieces of blue wool bunting, 5.5" in width, and bordered by a 1/2" linen fibrilation, with the entire flag trimmed in white wool bunting, 2" in width. The stars are hand cut and sewn, and separated 2.5" point to point, the hoist with three whip-stitched eyelets. Battle honors have been hand-painted in deep blue along ruled lines visible on the red field, the last being Gettysburg. Based upon these characteristics and research by the late Howard Madaus as well as military historian Greg Biggs, the flag offered here is a Third Wool Bunting model Richmond Depot flag. The flag was manufactured in August, 1863, about a month after the battle of Gettysburg, and was carried until the end of the War. When the remnants of the 10th Virginia surrendered at Appomattox, the flag was hidden beneath the coat of the commanding officer Lt. Joseph H.G. Miller of Company I. The Miller family retained the flag until 1977 when it was purchased by the present owner. Contents of the Archive: In addition to the flag, the archive consists of the following items, all purchased from the descendants: 1. A two piece wooden flag pole, probably dating from the War. 2. Two cased ambrotype images of Lieut. Joseph G. H. Miller. One of these, taken early in the war, shows Miller in a nine-button frock coat, wearing shoulder scales, and an oilcloth covered kepi. Typical of these early war images when patriotic sentiments were high, he is armed with a sword, two pistols, and a Sheffield knife. The other image, a half plate ambrotype, is of an aging Miller, wearing a different military frock coat, the affects of the War showing in his weary face. Both of these images have been published in Murphy's 10th Virginia Infantry(1989:129) 3. Ninth and sixth plate ambrotypes of Miller's brothers Hiram H. Miller (Co. I) and Silas Miller (Co. E) the 10th Virginia and shown as privates not long after their enlistment. Like the images noted above, these have also been published in the unit history (pp. 127-128). 4. A copy of a circa 1920 snapshot photograph of J.G. Miller's son Henry holding the battle flag on the above pole. 5. Various additional Miller family photographs. Material Documenting the Provenance of the Archive: The archive described here was purchased by the consignor directly from the descendants Lt. Joseph G. H. Miller of Elkton, Rockingham County, Virginia. Its history is described, and the flag itself is illustrated in Ruebush and Elkins' early A History of Rockingham County Virginia (1912:140-141) a copy of which is included here; a signed 1977 receipt for the purchase of the flag from Miller's daughter; three Polaroid photographs of the flag at the time of its purchase, one showing it being transferred by the Miller's descendant to the new owner; and a three page, June 2008 notarized statement from the consignor describing the circumstance by which the flag came into his possession. Ruebush and Elkins' county history contains a lengthy account of the Civil War exploits of the 10th Virginia written by Colonel D.H. Lee Martz. Martz provides the historical context in which the flag came to reside with Lt. Miller: On the morning of the April 9 [1865] we had a skirmish with the enemy at Appamattox, driving them some distance, only to be withdrawn and furl our banners, -- banners never again to be unfurled. But the Tenth did not surrender the old battle flag, which was hidden under his coat by Lieut. J.G.H. Miller, and which is still preserved in Rockingham by his family. Lieut. Miller commanded the regiment at Appomattox, now reduced to 8 or 10 muskets .Here ended the military career of the noble 10th Virginia. By April 15 we were home again to start life anew (Ruebush and Elkins 1912:140-141). Richmond Clothing Depot Flags based upon research by the late Howard Madaus, at least seven different versions of the Confederate battle flag were produced at the Richmond Clothing Depot between 1861-65 (for a complete discussion of these various flags, see www.confederateflags.org). Richmond Clothing Depot Flags Maddaus' classification is based both on materials used for construction, as well as captured Depot records now on file at the National Archives of the United States, and helps to place the present flag in historical context. The Wool Bunting Battle Flags: April, 1862-May, 1864 Beginning in May, 1862, the Richmond Clothing Depot took over the supply of not only uniforms, shoes and other accoutrements for the Army of the Potomac, but also its battle flags. Based on the existing records of the depot for 1862 located at the National Archives, it is possible to document how many flags were produced at Richmond over the course of its existence. Initially, flags were to have been made in three sizes; 48 inches square for infantry units, 36 inches square for artillery, and 30 inches square for cavalry, borders included. These flags were made from imported wool bunting that arrived in the Confederacy via blockade runners and was double ply, which made for a very durable (and heavy) battle flag. First Wool Bunting: May 13-June 11, 1862 The first wool flags, now known as the First Wool Bunting issue, bore 13 stars for the first time, the rump Confederate government of Kentucky having been recognized by the Confederate Congress in December, 1861. For the rest of the war, flags produced by the Richmond Clothing Depot would have 13 stars. These flags were notable for the 7 inch width of the blue cross and the smaller 3 inch white cotton stars which were spaced every 6 inches. Additionally, the exterior borders were orange wool bunting, which was left over from the aborted wing badges project of the previous year. Depot production records from May 13 through June 11 show that 47 flags of this type were manufactured. They were issued to the regiments of Gen. James Longstreet's Right Wing (later corps). Second Wool Bunting: June 11-June 28th, 1862 In June -- presumably to save bunting -- the depot issued a second version of the flag. The main difference between the First and Second Bunting issues was a narrower blue cross (5 inches) and slightly larger stars (3 ½ inches). According to depot records, 53 flags of this type were made and dated to June 28th. Army distribution for the flags began 3 days before then, however. The flags were sent to Gen. John Magruder's former Army of the Peninsula (which had been joined to the main army by this time), new units of Longstreet's wing, and the divisions of Gen. A.P. Hill and D.H. Hill. With the rise to command of Gen. Robert E. Lee, the army was renamed the Army of Northern Virginia. Third Wool Bunting: June 28, 1862 - May, 1864 Beginning in July, the depot produced what would be the largest issue of these flags and the one most familiar today. The sizes were identical to the Second Bunting flags in all manners. The only difference was the exterior border which was now composed of white bunting; the supply of orange bunting used to edge the earlier flags had finally run out. As the war dragged on, and raw textiles became increasingly difficult to acquire, the size of the infantry flags of this issue became smaller. Those made in 1862 were 48 inches square; by 1863 the flags tended to be slightly smaller – roughly 45 inches square. Flags of the Third Bunting issue stayed in production until May, 1864, when it was replaced with the physically larger Fourth Bunting issue. According to the depot records, between July 3rd and September 3rd, 209 flags were produced. Of these, 156 were transferred from the depot to the army, leaving 53 flags in stock. Fourth Through Seventh Wool Bunting Issues As described by Maddaus, the differences between the various issues produced after the Third Bunting issue were primarily related to the availability – or lack thereof – of wool bunting and other material necessary for production of the flags. These changes are not considered germane to the discussion here, and the reader is encouraged to visit the website www.confederateflags.org for detailed descriptions of each of these subsequent issues. Production of the Richmond Clothing Depot Flags For all practical purposes, the Richmond Clothing Depot operated as a "cottage industry." Because of space limitations, relatively few workers were physically employed at the Depot. It was, rather, a place where raw materials were stored, made into component parts and then picked up by workers for final assembly in their homes. While the Confederacy operated true war plants, such as munitions factories, where hardware was manufactured and assembled for the military, the clothing, camp, and garrison equipage portions of military supply tended to be of the cottage industry format. Located at the corner of Cary and Pearl Streets, the Richmond Clothing Depot building was simply not large enough to accomodate hundreds of workers on site. Writing in an article that appeared in the Richmond Whig on November 18, 1862, Assistant Quartermaster W. G. Feruson noted :We have employed in this depot about sixty cutters and trimmers and two thousand women to make clothing, mostly wives and daughters of absent soldiers in the field and the poor of our city. We average two thousand five hundred garments daily. This description suggests that bulk cloth for uniforms, tents and flags, etc. came into the clothing bureau where it was cut into "kits" containing components for uniforms, flags, etc. that were taken home by individual seamstresses and sewed into completed products. Once the items were completed, the seamstress would take them back to the Depot where they were inspected for quality control purposes. After they were approved by depot officers, a pay voucher was issued, and the seamstress would then collect more kits to take home to sew. And so the process continued until the end of the war. Because of the nature of the final assembly process, variability in sewing practices is to be expected. Some women had sewing machines, other completed their tasks by hand. While hand-sewing was, of course, slower, it still made significant contributions to the war effort, and as the war ground on and sewing machine thread became scarcer, virtually all cloth items were hand sewn. While in general, the overall look of coats, pants and, for our purposes -- flags -- was similar, with 2000 seamstresses working at the Richmond Clothing Depot, subtle differences in sewing patterns should be expected. As we shall see below, this is precisely the case with the flag offered here. An examination of the construction details of a Richmond Clothing Depot battle flag shows that it was perfectly designed to be made from pre-cut kits. The red field was first sewn together from three pieces of bunting (two pieces 18 inches in width and one 12 inches)for the 1862 flags. Next, the blue cross was sewn from three pieces of bunting and white cotton stars were sewn to both sides of the cross. The cross was then laid over the red field, the underlying portions of the field cut-away, and the cross with stars was inserted and sewn into the opening. The white polished cotton or twill fimbriation was then formed from four pieces formed into an "L" and then sewn down over the seams between the field and cross. Lastly, the upper border was sewn to the flag from 4 inch wide white or orange wool bunting folded over the outer edge, which added strength and prevented fraying from use. After the upper edge was sewn, the fly edge and then the bottom edge were sewn. Lastly, the white cotton canvas hoist edge with three whipped eyelets was sewn on to complete the flag. The dark blue battle honors were painted under contract from the depot by Richmond sign painter Lewis L. Montague. With his brother W.L. Montague, they developed a business painting knapsacks and wagon covers for the army, also under depot contracts. The Confederate Papers Relating to Citizens & Business files (National Archives M346), have a number of Montague invoices for painting battle honors on flags. For example, the invoice dated September 7, 1863 notes: For lettering 19 flags @ $10 each $190.00 Do. 4 flags @ $6 each $24.00 Do. 3 flags @ $1.50 each $4.50 The above flags were ordered by Major Mercer, 23 for Genl. Johnson's Division and three for Gen. Jos. Davis' Brigade. The flags were also marked with the unit designation in gold paint. Their style of lettering differs from that of the battle honors, which suggests a different painter doing them, perhaps Lewis Montague's brother or an employee. The 10th Virginia Infantry Battle Flag The flag offered here is an example of a Richmond Clothing Depot, Third Wool Bunting issue battle flag produced in August of 1863. Two characteristics allow the flag to be dated to this time. First, its overall size is about 45-46 inches, which is typical for Army of Northern Virginia flags made in 1863. Its red field is made from three pieces of wool bunting that roughly measure 18 inches, 9 inches, and 18 inches. Secondly, and more importantly, the battle honors on the flag allow it to be dated quite precisely to August. The honors are painted on the flag with dark blue paint and they are placed chronologically from top to bottom. The last battle honor is for Gettysburg. Three full divisions of the Army of Northern Virginia received flags in 1863 with these painted battle honors. The first was that of Gen. Daniel H. Hill (later Robert Rodes). His flags were received in April, 1863, with the last honor being for Fredericksburg. A month later, after the Battle of Chancellorsville, Gen. Ambrose P. Hill's Light Division received new flags with the last honor for Chancellorsville. Gen. George Pickett's Division received new flags in June but these only bore the unit designations in white paint across the field. Hill's division was altered in June as the ANV made changes from two to three corps. Two of Hill's brigades were taken to form half of a new division under Gen. Harry Heth and the regiments took their new flags with them. In the Summer of 1863, Johnson's Division consisted of 22 infantry regiments and battalions plus four batteries of artillery. Montague's invoice cited above suggests that at least three units did not receive painted flags from this particular invoice. It had been intended for the division commanded by Gen. Edward Johnson to receive a new set of battle flags before going off to Pennsylvania, but a lack of bunting at the depot prevented this from happening. In the same time frame, the new Confederate Second National flag came into being and the depot was asked to supply these new flags for posts, garrisons and buildings. The correspondence between garrison commanders and depot QM officers shows clearly that the new flags could not be supplied until a new shipment of bunting arrived. That was resolved on July 19, 1863, when the blockade runner, S.S. Cornubia, arrived in Wilmington, NC. In its vast cargo was included, "1 bale & 1 box bunting." Wilmington QM officer Captain John M. Payne then consigned the bunting to the Richmond Clothing Depot where it was received on July 31st by Major Downer. Thus, beginning in August, the depot was back to business, making flags for the various posts as well as replacing flags lost at Gettysburg. After Gettysburg, with the Army of Northern Virginia now back in its home state, various regiments began to draw new supplies to replace those that were expended in the Pennsylvania campaign. This included lost battle flags, as well the full divisional issue to Johnson's Division. On August 20th, John H. Worsham of the 21st Virginia Infantry wrote home about the presentation of these new flags: General Johnson, in patriotic and thrilling words, presented to our regiment with its first battle flag. Included in this divisional presentation was the flag of the 10th Virginia Infantry. These details suggest the Richmond Third Bunting battle flag offered here was made in early August, 1863, with bunting brought over from England by the S.S. Cornubia. As implied from his September invoice to the Richmond Clothing Depot, Lewis Montague painted the battle honors on this and other flags made in August, including the most recent encounter of Gettysburg. On August 20th, the 10th Virginia flag, along with others lost at Gettysburg, were presented to Johnson's Division. At the same time, similarly marked flags were presented to Joseph Davis' Brigade, and the rest of the brigades of Gen. Heth's Division. The 10th Virginia Infantry—Lieutenant J.G.H. Miller and his Brothers Joseph George Harnsber Miller (1837-1889) joined Company I., Riverton Invincibles as a 2nd lieutenant on April 18, 1861 listing his place of residence as Conrad's Store in Rockingham County, Virginia. He fought at First Manassas and then briefly resigned in December 1861 prior to the regiment reorganizing. Miller was re-commissioned in April 1862 when the 10th went to the Valley, marching with the regiment through the whirlwind Seven Days' fighting that climaxed at Second Manassas--crushing, bloody battles in which the Virginian's morphed into veterans. Miller was promoted to 1st lieutenant following Fredericksburg and was captured at Chancellorsville on May 3, 1863 where the 10th Virginia suffered over 150 casualties. No regimental report of the Gettysburg campaign has survived, but General "Maryland" Steuart's brigade report attests to the ferocity of the fighting on July 2 in the dense woods around lower Culp's Hill. Here, Steuart's regiments began infiltrating abandoned stone entrenchments in the approaching darkness. Over the next several hours a see-saw fight erupted as Steuart's Confederates tried to gain the summit of Culp's Hill against heroic resistance offered by men of the 137th New York commanded by David Ireland. At one point in the desperate uphill battle a sudden Union bayonet charge from the darkness impaled the lead elements of wild-eyed 10th Virginian's, blunting forward momentum and bringing the struggling advance to a complete halt. It appears that Lieutenant Miller was not repatriated from Chancellorsville until March 1864 rejoining the regiment as it transferred from the Valley to Lee's army then concentrating to confront US Grant's looming onslaught. At Spotsylvania on May 12, 1864 the greater portion of Edward Johnson's entrenched division, Ewell's Corps, along with most of the 10th Virginia was captured during Hancock's spirited repeat attacks on the "Bloody Angle". The 10th Virginia was reduced to less than company strength with all but one captain killed or missing. Many of the prisoners were later exchanged in August 1864 and ultimately rejoined the skeleton regiment which had been reassigned to Alfred Terry's Brigade for Valley operations. A shadow of its former strength, the 10th fought Wallace at Monocracy during Early's drive on Washington and suffered more irreplaceable casualties at Third Winchester repeated by the disaster later that summer at Fisher's Hill. The last taste of victory came at Cedar Creek on the morning of October 19, 1864. After surprising and driving the enemy brilliantly—and capturing the Federal camp—looting gave way to disorganization and defeat in the face of Sheridan's successful counter-attack. By December 1865 the remnant of the 10th Virginia was sent to the Petersburg front. Flanked and with no reserves to plug the line, Lee was forced to abandon Richmond withdrawing the Army of Northern Virginia on the night of April 2, 1865. A series of forlorn rear-guard actions—including a successful but costly attack by 10th Virginia now assigned to Gordon's Corps—saved the army but could not stave off the inevitable. The long retreat that would end at Appomattox had commenced. With organization breaking down and scant rations for the ragged infantry now hobbled by months of sedentary trench duty, thousands of erstwhile veteran soldiers began to straggle. Dispirited, the men simply melted away rather than face the unthinkable. Still prideful, the heart and soul of Army of Northern Virginia did not implode and in death the mantra of the "Lost Cause" symbolized by the untouchable 'stars and bars' was born. Reduced to two officers and the musket strength of a small company, the last significant action occurred at Sayler's Creek on April 6 where Lieutenant J.G.H. Miller assumed command after senior Lieutenant John H. Ralston was badly wounded and captured. After four years of war the 10th Virginia formally surrendered 2 officers and 43 enlisted men at Appomattox, but not the "old battle flag," which as Colonel Martz wrote in 1912, "was hidden under his coat by Lieutenant J.G.H. Miller, and which is still preserved" to this day. Silas P. Miller is listed as having joined Company E., Peaked Mountain Greys, as a private in April 1861. Private Miller is reported to have been intermittently "absent, sick" throughout 1861-62, "on the rolls" in mid-April 1862 after which time there is "no further record." Hiram Harrison Miller (1839-1911) enlisted in Company I. as a private in June 1861. He is shown as "absent, sick" in October 1862 and intermittently throughout 1863, not rejoining the regiment "until 1864."Flag Authenticity In late August, 2008, I was able to view the 10th Virginia flag along with two other ANV Third Bunting battle flags at the Tennessee State Museum; the 1st Tennessee Infantry (Turney's) and the 14th Tennessee Infantry. Both flags were captured in Pickett's Charge at Gettysburg. These two flags were chosen as they were also made in 1863 and issued to these regiments in May of that year. Like the 10th Virginia flag, they bear the dark blue painted battle honors of Lewis Montague with their last honors being Chancellorsville. Thus, the three flags were made within 3 months of each other and should have been virtually identical in most manners other than some sewing techniques. After an in depth look at the flags, several conclusions could be drawn. First, the dark blue painted honors were identical in every way from the shape of the letters to their size. The line marks on all three flags that Montague used to hand paint each letter were also visible. Also noted were the three gold painted unit designations. These, too, were virtually identical with the exception that the Tenn. portion on the two Tennessee flags was painted in a slight upward angle with the last "n" being higher. The flags were built the same way in terms of the three piece red field, the three piece blue cross, and how the stars were cut and sewn to the flag. The two Tennessee flags were mostly machine sewn, however, with the 10th Virginia flag showing a much higher degree of hand-sewing. This is not problematic as it shows that the woman who made the 10th Virginia flag either did not have a sewing machine or she was out of thread, whereas the women who made the two Tennessee flags did have machines. A slight variation in the flat fell seams of the red field of the 10th Virginia flag was also noted. Regarding the white stars, the 10th Virginia flag has four stars located on the blue cross arm running from lower left to upper right that seem to be somewhat different from the rest of the stars on the flag. These stars show up as being slightly whiter than the rest and this can also be seen in the picture of the flag taken in 1910 that appeared in the book on Rockingham County's history. It is unclear to me if these stars had been souvenired and later re-attached to the flag (the lower right blue cross shows evidence of souveniring) or they are replacements for lost stars from some point in the flag's history. A textile analysis will be needed to determine this. However, it is very apparent to me, especially when seen next to two other authentic battle flags made in a similar time frame, that the battle flag of the 10th Virginia Infantry is, in my opinion, also an authentic ANV Third Bunting battle flag. Over the last 18 years, I have examined hundreds of Confederate flags in various institutions across the country including dozens of ANV flags. The 10th Virginia flag also compares most favorably to all other ANV Third Bunting flags that I have seen in terms of structure, manufacturing techniques (including hand-sewing and machine sewing) and in battle honors for those flags that also bore those. Greg Biggs - Military historian September 11, 2008Condition ReportFour of the stars -- three in the lower left quadrant, and one in the upper right --are lighter in color and appear to be of more recent vintage. These same differences are apparent, however, in the 1912 Rockingham County history in which the flag is illustrated. In addition, there are several horizontal tears with old repairs, as well as losses to the blue material in the lower and upper right corners. The losses in the lower right appear to have been the result of "souvenirs"; this might explain the difference in the appearance of the stars -- they too may be replacements for one's removed by Veterans.Auction House Cowan's Auctions, Inc.6270 Este AveCincinnati, OH United States 45232513-871-1670Additional Notes to eBay biddersNotes to eBay bidders: This item will be sold in a live auction. These notes address questions asked or problems encountered by online bidders. For our full terms & conditions, see the other box. Posted sale time: The sale times for live auctions only refer to the date of the sale: for example, if the sale end time is 7:00pm PST, it does not mean you have until then to bid; the item will sell whenever the lot comes up on the auction floor. Additional information about a lot: If you need additional information or photographs for a lot, please make your request as early as possible before the sale. Our auctions are held in several locations around Cincinnati, and items must be moved to the auction site several days before a sale. They may not be available to take additional photographs, measurements, etc. for several days. We receive dozens of requests for photos, and our sales often exceed a thousand lots. Please be patient. We will try to get you the information as soon as the items are unpacked, but that may be the day before the sale. We cannot take photos or answer questions 24 hours before a sale begins, even if the item comes up in a later session. 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The human also has to sleep, and cannot approve your registration in the middle of the night (EST). The computer platform also changes when the sale begins, and registration often slows significantly when we do try to register bidders. Bid Priority: If you leave an absentee bid on eBay, eBay will execute the bids in the order received. The earliest bid entered is executed first and will "block" any live bidders trying to bid during the sale until the maximum bid amount is reached. The eBay priority does not apply to floor bidders. What does happen on occasion is that a lot will sell to a floor bidder for the amount left by an eBay bidder. This is usually just the "luck of the draw." For example, you leave a bid of $300 for an item: the bidding opens at $225 and your online bid is recognized by the auctioneer; the floor advances to $250; your online bid is recognized at $275; the floor bids $300. The floor bidder takes the lot since eBay cannot advance to $325 on your behalf, and you cannot bid $300 because you would be bidding against your $275 bid. (Technically, you did not bid $300, even though you left that as the maximum; only $275 was bid on your behalf.) That is, just because you left a bid of, say, $300 two weeks before the sale does not mean you get the lot because your bid was earlier. You are bidding against other people in a live auction. This does not mean we "discriminate" against online bidders. Often online bidders get lots for less than their maximum bid, and typically 15 - 20% of our lots sell on eBay. In addition, eBay does not let us see the amount of an absentee bid. We know a bid has been left, but not how much, so we cannot be aware of your maximum. Nor can we "fix" the bidding so that eBay bidders do not win the lot (we sell too fast to do this, anyway). Besides, if a lot sells for, say, $200, why should we care whether it sells to someone on eBay or someone on the floor? $200 is $200. Invoices: We will send invoices for the entire sale within three days after the end of the entire auction. If you purchased an item early in the auction, you will need to wait until the entire sale is completed before we compile invoices. We are going back to snail mail since many email servers are blocking all business email addresses in an attempt to block spam. Please let us know if you do not receive one after a week or so. We can fax, email or re-send the invoice. It takes a few days to calculate shipping, and often bidders are successful on multiple lots. We combine these on the invoice and do our best to combine shipping charges, also, to save buyers a bit of shipping expense. (We may have to ship items separately because of size, shape or fragility, however.) Shipping: Please allow at least 14 to 21 days after payment for us to ship your lot. 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Additionally, a lack of a condition report does not imply that the lot is in perfect condition, or completely free from wear and tear, imperfections, or the effects of aging. If you are a very particular client with expectations of perfection for the items you purchase, it is advisable that you inspect items in person.Online-Only SessionThe second session of this sale (Dec. 5) will be online only. It will still be a live auction with real time bidding on ebay. Any absentee bids left on ebay will be executed when the lot comes up for sale. Absentee bids will be executed competitively for this session, just as they are for other live auctions and lots will come up in lot number order, just as they do in other live auctions. Some bids will show on the bid history as "live auction floor bidder," but these are absentee bids left with us. Please call Cowan's if you have questions about how the online sale will work. 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If any dispute arises as to any bidding, or between two or more bidders, at the sole discretion of the auctioneer, the successful bidder will be determined or the disputed lot shall be put up again at the last undisputed bid and resold.4) BUYER'S PREMIUMBuyers shall pay the final bid price (the "hammer price") of the lot, plus a buyer's premium for the lot equal to 20% of the hammer price up to and including $200,000, plus 15% of the amount by which the hammer price exceeds $200,000. Un-catalogued gallery auctions and purchases made though live online auctions may have different buyer's premium calculations.5) ESTIMATES AND RESERVESPresale estimates are intended to be guides and may or may not reflect the ultimate hammer price of a lot. Cowan's retains the right to change estimates on any lot up to time of sale. A reserve is a confidential minimum price agreed upon by the seller of the lot and Cowan's. In the case of reserved lots, the seller has authorized Cowan's to bid on seller's behalf until the reserve price is reached. In no case will the reserve be higher than the low presale estimate. Cowan's standard house reserve on all property at auction is one-half of the low estimate.6) WARRANTIES AND DISCLAIMERSCowan's makes a limited warranty only to the original buyer of record concerning the authenticity of each lot for a period of 14 days after bidder's receipt of merchandise. If a buyer is not satisfied that the lot purchased is genuine, the buyer may, at his or her own expense, obtain the opinion of two mutually agreed upon recognized experts in the field of the disputed lot. If these experts determine that the item is not genuine, the buyer's sole and exclusive remedy shall be the rescission of the sale and refund of the amount paid for the item. It is specifically understood and agreed that the rescission of the sale and refund is exclusive and in lieu of any other remedy which might otherwise be available as a matter of law or in equity, and such remedy is conditioned upon the buyer returning the property in the same condition as at the time of sale. Cowan's shall not be liable for any incidental or consequential damages. All sales are final, with no returns or refunds except as provided in this limited warranty.Except as provided in the immediately proceeding paragraph, EVERY LOT IS SOLD "AS IS", without any representations or warranties by Cowan's or the seller as to merchantability, fitness for a particular purpose, condition or value of the property, or the correctness or completeness of the catalog or other description of the property, and no statement, whether written or oral shall be deemed such a representation, warranty or assumption of liability. Cowan's makes no representation or warranty that the buyer of manuscript material, photographs, prints or works of art will acquire any copyright or reproduction rights. Cowan's does not guarantee the working order of any clock, watch, electronic or mechanical device. Dimensions given in our descriptions may be approximate.7) INSPECTIONExcept for On-Line Only Auctions, all lots are available for inspection prior to the auction. Condition reports for most items can be found online, and prospective bidders are encouraged to contact Cowan's directly for additional information regarding the condition of any lot. Cowan's does not warrant the condition of any item. Buyers interested in the condition of an item are encouraged to contact Cowan's and, to the best of our ability, we will document for the prospective bidder the condition status on any lot. Condition is always a subjective evaluation and final responsibility rests with the buyer to assess the condition of any item sold by Cowan's.Absentee and telephone bidding is offered as a free service to our customers and prospective bidders. Cowan's shall not be responsible for any errors or failures in executing bids, either absentee, telephone or via the internet.8) ABSENTEE BIDDINGAbsentee bids are accepted via mail, phone, fax, email, or on our website. Such bids will be posted with the time and date of arrival, with ties being awarded to the earliest bidder.All absentee bids must be made on Cowan's absentee bid form. An absentee bidder unknown to Cowan's may be required to submit a bank letter of credit prior to the auction, or, using a credit card, deposit with Cowan's a fee equaling 30% of the absentee bid.All absentee bids are executed competitively by a member of the auction staff. The auction staff will try to purchase the lot for the lowest price possible and will bid up to the amount designated by the absentee bidder only if necessary. Cowan's does not accept "buy bids," or absentee bids which have no limit. In the event of a tie bid between a floor and absentee bidders, the floor bid will be honored.All absentee bids must be received no later than 6:00 p.m. eastern standard time, the day before the start of each auction session.9) TELEPHONE BIDDING / (Not Available for On-Line Only Auctions)Bidding live via the telephone is available on a first come, first served basis for those lots with a low estimate of $500 or greater. In order for Cowan's to efficiently serve the needs of those who wish to bid by phone, please note the following:To participate in the auction by telephone, potential bidders must complete the absentee bid form and check "I WISH TO BID BY TELEPHONE" for the designed lots.Telephone bidders are advised to indicate an "insurance bid," which amount will become an absentee bid, pursuant to the absentee bidding process set forth above, if Cowan's can not reach the bidder by telephone for a particular indicated lot.Telephone bidders must disable any caller ID or other call blocking mechanism.Cowan's sells about 100 lots per hour, so telephone bidders should plan accordingly. Cowan's will attempt to reach each telephone bidder, but Cowan's is in no way responsible for missed calls.All reservations for telephone lines must be received no later than 6:00 p.m. eastern standard time, the day before the start of each auction session.10) INTERNET BIDDINGInternet bidding via ebayliveauctions.com may be available for certain auctions. There may be terms which apply to internet bids that should be reviewed on line at the time of sale. Cowan's is not responsible for any failure to execute a bid due to interruption of internet line service which is beyond our control.11) BIDDING INCREMENTSThe following increments are used at the auction. Absentee bids must fall within these increments. Cowan's will automatically reduce any absentee bid to the closest increment if the bid falls outside the published range of increments.For Bids falling Between Bidding Increment$0-100 $10$101-500 $25$501-1000 $50$1001-3000 $100$3001-5000 $250$5001-10000 $500$10001-50000 $1000$51000-10000000 $5000 or at the discretion of the auctioneerCowan's reserves the right to modify increments at any time during the auctionAFTER THE AUCTION12) BUYER'S RESPONSIBILITYUpon the fall of the hammer, title to the offered lot shall pass to the buyer and the buyer immediately assumes full risk and responsibility for the lot, including liability for loss or damage.13) PURCHASE PRICE AND PAYMENTThe purchase price for each lot shall equal the hammer price, buyer's premium, sales tax and, if applicable, all packing, handling, insurance and shipping costs. Payment may be made with cash (In House Only), personal or traveler's check, Visa or MasterCard.Buyers who are present at the auction must pay the full purchase price at the time of the sale. Buyers who bid by telephone or who are absentee bidders will be invoiced within 5 days after the close of the auction and must pay the full purchase price for each purchased lot within 14 days after the date of the auction. By signing the absentee bid form or placing an absentee bid by telephone, an absentee bidder authorizes Cowan's to charge the purchase price (hammer price, plus buyer's premium) for each lot for which such bidder is the successful bidder to the credit card number provided by telephone or on the absentee bid form, unless payment in full or alternative payment instruction is received within 14 days after the date of the auction. No property will be released by Cowan's unless the purchase price has been paid in full.Institutional billing may be available, and should be arranged prior to the auction.14) SALES TAXBuyers are required to pay any applicable state and local sales tax.15) SHIPPINGAt the request of the buyer, Cowan's will ship purchased items at the buyer's risk. Cowan's generally ships within two weeks after payment has been received. Shipment is generally made via UPS, but unless buyer requests a specific method of shipping, the shipping method shall be in the sole discretion of Cowan's. At Cowan's discretion, purchases may be packed and shipped by a packaging store or by Cowan's Auctions. We are happy to provide names of shippers at the request of the buyer. Cowan's is in no way responsible for the acts or omissions of independent handlers, packers or shippers of purchased items or for any loss, damage or delay from the packing or shipping of any property.16) SHIPPING CHARGESBuyers are required to pay for all packing, shipping and insurance charges. Overseas duty charges are the responsibility of the successful bidder. Be aware that for larger and/or valuable items, shipping charges can be substantial.17) REMOVAL AND STORAGE OF PROPERTYIf purchased property has not been removed, or Cowan's has not received shipping instructions within 21 days after the auction date, a $10 per item per day storage fee may be charged to the buyer.18) CANCELLATION OF SALEIf purchased property remains in the custody of Cowan's for a period of 60 days following the auction, Cowan's may, at its option, cancel the sale, retaining as liquidated damages any payments made by the buyer, or resell the property at auction or by any other commercially reasonable means, and in such event, buyer shall be liable for the payment of all of Cowan's costs, including but not limited to storage and costs of sale.Buyer's PremiumUSD 0 - USD 200000  20 %USD 200001 +   15 %ShippingBuyer Pays Shipping Cost. PaymentWe do have a PayPal account. We can also take checks, money orders, MC and Visa.TaxesLocal Taxes Apply. If you are an Ohio resident, please advise if you have a resale license.ContractYour bid is a contract.Place a bid only if you're serious about buying the item. If you are the successful and winning bidder, you have entered into a legally binding contract to purchase the property bid on from the seller. You should contact the seller to resolve any questions before bidding.RegistrationBidders are required to:a) Sign up for this auction& b) Complete bidding approval formApproval is at the discretion of the Auction House.HelpHelp with biddingImages Online Auction services by LiveAuctioneers Place a Bid!