SOLD
65,000.00USD+ buyer's premium + applicable fees & taxes.
This item SOLD at 2013 Mar 11 @ 12:54UTC-4 : AST/EDT
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SN 10861. Cal. 44 RF Henry. Most rare of the Henry model 1860's, this carbine has 21-1/8" octagon bbl with integral magazine, slightly altered late type German silver front sight and 900 yd Henry ladder rear sight with no dovetail in the top flat of the receiver. Right forward side of the frame is marked with a small "W" (Oliver F. Winchester) with corresponding "W" on the right flat of the bbl, which also is accompanied by a small "C.G.C."(Charles G. Chapman) inspector initials. Right wrist of the butt stock is marked with a "C.G.C." cartouche. Left side of the butt stock and left side of the bbl are mounted with factory sling swivels. Butt stock is nicely figured, uncheckered American walnut with straight grip and late style crescent brass butt plate with trap. Butt stock has the distinctive "Henry bump" below the sling swivel. SN is found on the top bbl flat between the receiver and rear sight, left side of the lower tang under the wood, inside top tang channel of butt stock and last 4 digits of matching SN inside toe of butt plate. The round portion of the bbl, under the loading sleeve is marked with the assembly number "425" and the loading sleeve marked with the assembly number "245", apparently an assemblers mistake. Left side plate has two forged repairs, one at the front edge and the other at the top rear edge and the top tang has a forged repair through the front screw hole. Accompanied by the book The First Winchester, Parsons where on p 31 he shows a breakdown of Ordnance Department purchases of Henry rifles which shows that on Nov 7, 1865 there was a purchase of one Henry carbine for $35.00. In the following paragraph he states "the recorder mentioned three rifles and two carbines presented by Mr. Winchester". And later shows that the Henry carbine magazine contained 11 charges. On p. 33, he states that in the strength and construction testing wherein three rounds were fired containing "65-70-75 grains of rifle powder" and the bullets were 300 grains, a severe overload. He states "on the 3rd, one cartridge in the magazine bursted (sic), escape of gas clogged the machinery and sprung open the side plates". On p42, Mr. Parsons notes in a paragraph dated May 1863 "the next month he wrote to the acting Chief of Ordnance, who had ordered a sample of Henry's patent carbine". Apparently Mr. Winchester had written "we send you today by Adams & Co. Express one of the only size that we have made except to order". Later in the letter Mr. Winchester states "should it be desired exclusive for the latter purpose (mounted infantry or for cavalry)it can be made shorter to advantage". And the last sentence states "it can be reduced to 19-1/4" and still carry 12 charges in the magazine without any loss of power". The fact that Mr. Winchester had stated in this letter "except to order" implies that Henry rifles could be ordered with other than standard length bbls. Notes provided by consignor disclose records which appear in the National Archives, Record Group 156 "Ordinance (sic) purchases. 7 Nov 1865 - 1 carbine. House doc 89, 42nd Cong. 2nd Sess.,Serial 1511 page 9." and "Board of Officers were convened on 10 March 1866 to test rifles and carbine (test lasted 52 days), Number 10861 Henry carbine barrel length 21". Also accompanied by a 5-page letter from renowned Winchester historian & author George Madis, wherein he details much of the above information and authenticates this carbine as being original. Mr. Madis states that by 1863 improvements in powder & primer compounds had improved ignition accuracy and velocity whereby the shorter barreled Henry was more feasible. He also states that in early 1864 Mr. Winchester and the New Haven Arms Co. were preparing to enter carbines in the Ordnance trials. "records are not clear as to whether two carbines or two sets of carbines were provided for the trials". He also states that various documents have been discovered which show Winchester entered his carbines in the trials of 1864 & 1865. He further states "from the documents, especially the papers of Maj. J.G. Benton, who commanded the Ordnance trials in Washington, D.C., we see the carbine described as having a twenty-one inch barrel". He finally states "in the trials of March 10, 1866 three rifles and two carbines are noted by the recorder of the trials". It should be noted for the record that Charles G. Chapman was the inspector for Henry rifles 1863 - 1864. Given that this rifle was produced in 1865 there is a possible disconnect in continuity. It should also be noted that the "C.G.C." initials on the bbl are substantially smaller than those normally found on Martially inspected Henrys and there is no inspector initial on the heel of the butt plate or correspondingly on the heel of the butt stock, although there is an "H" on the top of the butt stock at the heel just forward of the butt plate tang. It should also be noted that the assembly number on the rear face of the loading sleeve is of a smaller font and all three numbers are in one location versus the normal separation of two numbers on one side & one number on the other side. PROVENANCE: The Gunatorium (Spokane, WA); Collector in Butte, MT; E.M.(Eby) Morgan; Bill Herman, Canada; Tobey Murray; Rex Thrower; Pete Shaver. Barnes Family Collection. CONDITION: Fine. Bbl and magazine tube retain traces of orig blue in the most sheltered areas being mostly a mottled dark brown patina with fine rust pitting. Receiver, with the aforementioned repairs, retains good edges showing light wear and a fine dark mustard patina. Butt plate has a matching patina. Butt stock is sound with a few nicks and dings and retains strong orig finish with a hand worn patina. Mechanics are fine. Worn dark bore. 4-47608 JR218
Auction Location:
203 Skowhegan Rd, Fairfield, Maine, 04937, United States
Previewing Details:
Friday, Saturday, Sunday, March 8-10, 9:00 a.m.–5:00 p.m., March 11 & 12, 8:00–10:00 a.m.
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21% |
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CONDITIONS OF SALE - PLEASE READ
Please be sure to read the conditions before participating in the sale.
For years, we have worked hard to develop a reputation for honesty and fairness. We have tried to apply this same principle in preparing this particular sale. So that you might know what the limitations are for this sale, we have tried to clearly outline the conditions below, which will specifically indicate how various circumstances will be handled.
1. GUARANTEE: We have attempted to make a consistent effort in cataloging and correctly describing the property to be sold. The catalog descriptions carry a limited guarantee. Please be sure that you know that. It is a guarantee to protect you against major discrepancies that would have a major effect upon the value of the item. Under no circumstances do we guarantee against anything less than a major discrepancy that would have less than a major effect upon value. This limited guarantee covers authenticity. It also covers any major restoration or repair not described. Also we guarantee against fakes, reproductions or major fabrications. As outlined above, our guarantee is limited, however, it is almost unique in a business that operates “Caveat Emptor”. This is not a perfect system, however, and it is important to be aware of that. Our intention is to be as fair as possible in our catalog descriptions but it is virtually impossible to adequately describe an antique or collectible item that has been used and shows signs of wear. If you are a discerning, highly particular customer, expecting mint or near mint condition, it is advisable that you not ever submit absentee bids here or at any auction house without seeing the item in person, since your definition of condition might be far more particular than what any cataloger would have time or space to specify. The entire purpose of our catalog description is to give our readers a general description and idea of what the lot is and we will stand behind that description regarding a major discrepancy only. If the discrepancy is less than a major discrepancy, under no circumstances would any adjustment or refund be made. Should the need arise, the auctioneer reserves the right to make verbal corrections and provide additional information from the block at the time of the sale. Absentee bids will not be executed on items that are found to be other than described in the catalog unless we were able to contact you prior to the lot being sold and advise of this discrepancy. If we are unable to reach you or if time does not permit, we will not execute your bid. Please Note: the only thing we guarantee is what is in print in the catalog and what is announced from the block at the time of sale. Absolutely nothing discussed over the telephone or in person prior to the auction shall be construed as part of the guarantee. Since opinions can differ, particularly in the matter of condition, the auctioneer will be the sole judge in the matter of refunds. This guarantee is limited to the following time duration and limits. Please read:
A. TIME LIMIT: For live bidders it is expected that you have examined the items before you purchased them and that as you pick them up, you will re-examine them one last time. If there is a problem regarding condition, it is expected that you would notify us immediately before leaving the auction facility. If you are an absentee bidder then it is your responsibility to examine the lot immediately upon receipt. If a major discrepancy should be discovered, it is your responsibility to contact us immediately. Please note: All guarantees and options for refunds or adjustment become null and void 45 days after the auction. We pay consignors on the 45th day. Once we have paid our consignors we no longer have control for the payment and under no circumstances can we consider any refunds. If you suspect that there is a major discrepancy or problem with authenticity of your lot, it is your responsibility to contact our office before the 45 days are up and let us know that you need some extra time. We can usually make arrangements to extend the guarantee for a few days if you personally advise us. Please note: If you pay late and thus, receive your items late, it does not qualify for special privileges. The guarantee is null and void 45 days after the auction. It is your responsibility to pay for and acquire your purchases in a timely fashion. So if there is a major discrepancy, you have time to notify our office. Please remember that if you call us 46 days after the auction, there is nothing we can do about a major discrepancy except apologize to you. If you want to be considered for an adjustment or refund, it is your responsibility to notify us within 45 days after the auction.
B. LIMIT OF RESTITUTION: Under no circumstances will the auctioneer be responsible for lost profits or other financial damages. Refunds requested on the grounds of authenticity must be accompanied by at least a supporting written statement from an authority recognized by the auctioneers. Auctioneer will not be responsible for shipping costs, after auction appraisal fees, testing or any other post auction costs. If it is agreed that an item may be returned, it is the buyer’s responsibility to return it in the same condition as received.
C. TYPE OF RESTITUTION: An item that qualifies for an adjustment is limited to one of the following options:
1) Major problems, (i.e. fakes, significant alteration, major unannounced restoration, etc.) will result in a refund in sale price, adjustment in sale price or repair by the auctioneer. The auctioneer shall be the judge as to the final resolve.
2) Less than major problems or discrepancies are not part of the guarantee and no refund or adjustment will be considered for less than major problems.
2. RECEIPT OF GOODS: All goods sold will be tagged and can be claimed upon presentation of paid receipts ONLY. All items to be wrapped will be wrapped by the purchaser, unless the items are to be shipped.
3. PROTESTED BIDS: In case of a disputed bid, the Auctioneer is the sole determinant as to who is the successful bidder and at his discretion may re-offer and resell the article in dispute.
4. TAX: State of Maine sales tax is 5% and will be collected at time of payment unless a current sales tax certificate is on file or if shipped anywhere except Maine and Massachusetts. If purchases are shipped to a Maine address, sales tax of 5% shall be collected unless a current sales tax certificate is on file. If purchases are shipped or delivered to a Massachusetts address, sales tax of 6.25% shall be collected unless a current sales tax certificate is on file.
5. NOMINAL BIDS: The Auctioneer may reject nominal bids, small opening bids or very nominal advances made with purpose of disparaging an item. If a lot fails to open for 25% to 30% of the low estimate, the item may be passed from the block by the Auctioneer and may not be re-offered until a later sale.
6. ABSENTEE BIDS: Phone, fax or mail bids will be accepted with a 20% deposit, late bids or last minute bids can be confirmed with a Visa or MasterCard number, in many cases. In such case, the bookkeeper will execute such bids competitively. It is entirely possible to buy items by absentee bid for less than your top bid price. Please Note: Absentee bids are a service provided to our customers free of charge. Every effort is made to execute all absentee bids; however, you must know that this is not a perfect system neither here nor at any other auction house. In the event of an error of omission or failure to properly execute absentee bids, the auctioneer shall not be held liable.
7. TERMS: All items are to paid for in American funds at the day of the auction. Non-residents who have not established an account with us and wish to pay by check, must do so prior to the beginning of the auction by presenting a current letter of reference from their bank or by providing references which are suitable to the auctioneer. Absentee Bidders - Directly after the auction a bill will be sent to you for the items you purchased and a total amount due. This bill is due upon presentation and must be paid immediately. The auctioneer reserves the right to hold merchandise purchased by personal check until the check has cleared the bank, if the auctioneer deems such action necessary to protect his interest. For bidders located outside of the United States we only accept payment by checks drawn on U.S. banks or wire transfer.
8. INTEREST AND DEFAULT: Payment is due upon receipt. If the buyer’s invoice is not paid in full within 15 days of the auction, James D. Julia, Inc. has the right and will charge the buyer’s credit card of record on file for the total invoice amount. Interest will be charged on all balances not paid at the rate of 1-1/2% monthly (18% APR) effective 15 days from the date of purchase/auction. Should the buyer not comply with any of the Conditions of Sale, the damage recoverable from the defaulter shall include any loss arising on the resale of the lot, together with the charges and expenses in respect of both sales as well as any legal or collection fees incurred. James D. Julia, Inc. shall hold any money deposited in partial payment on account of any liability of the defaulted item.
9. RESERVES: Some items in this auction may carry a conservative reserve. Therefore, the auctioneer may bid on behalf of the owner or for the auction house. The purchaser will be the highest bidder acknowledged by the auctioneer. Please note that when a lot carries a reserve, the reserve is usually somewhere below the low estimate in the catalog. Actual reserve figures cannot be divulged, but we will tell you if an item carries a reserve should you ask.
10. WITHDRAWAL: We reserve the right to withdraw any property before sale and shall have no liability whatsoever for such withdrawal.
11. TITLE: A title passes upon the fall of the Auctioneer’s hammer. It will then be the responsibility of the buyer to make full payment prior to removing the goods from the premises. It is both the buyer’s risk and expense for removal and must be made at the conclusion of the sale unless other arrangements are made with the Julia’s Operations Manager. Please note any lots we might make arrangements for moving or storing are solely at the risk of the owner and any damage or loss occurring after the fall of the hammer becomes that of the buyer.
12. PHONE BIDS: At the discretion of the auctioneer, phone bidding may be arranged on more expensive items, (i.e. $500 or more). In order to make arrangements to bid on the telephone at the time a lot is being sold, you must contact our office in advance of the auction. We will make arrangements to call you just prior to the lot being sold so that you may bid over the telephone. There are usually a limited number of phone lines available into the room, so if you wish to bid over the telephone, it is important for you to make your arrangements early. “Cover-me Bids”: if you wish to bid by telephone, you might also want to consider a “cover-me bid” at the time you make arrangements for phone bidding. A “cover-me bid” allows your phone contact here at Julia’s to still execute a predetermined bid amount for you in the case that they cannot get through to you on the telephone. Your phone agent is the only person who will have this bid and will only use it to bid in the event that he/she cannot reach you. Assuming you are reached via telephone, they would not use your bid, but rely on your verbal instructions. “Cover-me bids” are not mandatory, you can place one at your discretion, they are simply a safety device in the event you cannot be reached by telephone in time.
13. AGENT RESPONSIBILITY: If you are registering or executing a bid for someone else under your number, please bear in mind that you are responsible for the settlement of that account with us regardless of whether the person you’re executing or registering for pays you or not.
14. BUYER’S PREMIUM: Shall be reduced to 18% of the final bid price, to be paid by the buyer as part of the purchase price. This is assuming the account is paid by check, cash or any equivalent of cash. If you settle your account by credit card the buyer’s premium then shall be the standard 21% of the final bid price which will be applied to each lot sold to be paid by the buyer as part of the purchase price.
15. LEGAL DISPUTE: Any legal disputes arising from this auction shall be settled in the court system in the State of Maine.
16. UNIFORM COMMERCIAL CODE: The Maine Uniform Commercial Code, Title 11, Section 2-328 applies to this auction sale.
17. ACCEPTANCE OF CONDITIONS: Bidding on article(s) indicates your acceptance of all of the above terms.
18. MAINE AUCTIONEER RULES AND REGULATIONS: The Maine Auctioneer Rules and regulations are regulated by the Maine Board of Licensing of Auctioneers, 35 State House Station, Augusta, Maine 04333.
19. AUCTIONEER’S LICENSE NUMBERS: Auctioneer: James D. Julia ME License #AR83; NH License #2511 Mass. License #1406
NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS.