SOLD
750.00USDto o****************n+ buyer's premium (187.50)
This item SOLD at 2024 Jun 08 @ 08:49UTC-7 : PDT/MST
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UNCLAIMED MERCHANDISE: In the event that a successful bidder has paid in full for their merchandise but fails to settle outstanding shipping invoices or make arrangements for merchandise pickup within 60 days, HWAC reserves the right to declare the merchandise forfeited. This forfeiture will result in the merchandise becoming the property of HWAC and the successful bidder shall have no claim to or rights over the forfeited merchandise.
Tiburcio Vasquez unpublished carte de visite taken by photographer D.S. Boydston in Volcano, California (printed on reverse), undated, circa 1869-73. 2.5 in x 4 3/8 in. Tiburcio Vasquez was born in Monterey, California in 1837 and died by hanging in San Jose in 1875. Aside from the dates he was incarcerated and his documented criminal activity, many published reference works and sources disagree on specifics, with most not even looking at his own published interviews after being caught in Los Angeles County, nor notes published by Bancroft shortly after his demise.
It appears Vasquez was the grandson of a sequence of three men with the exact same name. The elder worked in California before 1800, and his son, the bandit’s apparent father in Monterey, where the bandit was born. He did not discuss his lineage in the interviews I read for this essay, except to state that he never married, had two children, and in fact had photographs of them on his person when captured, and had a long time affair with one of his fellow bandit’s wife, (Antonio Leves), who probably was the one that turned against Vasquez and set the “law” on his tail, as Vasquez knew it had to be one of his men secretly working with the Los Angeles Sheriff, since he was taken by complete surprise the night of capture.
It is likely that his father was Jose Tiburcio Vasquez, who was a (soldier) grantee of Corral de Tierra Rancho, just a short distance from Monterey. Jose Tiburcio Vasquez was an important and powerful figure in the Mexican land grant disputes and also Mission Dolores. He was murdered in August 1863, likely due to a legal dispute resulting from a fraudulent land claim made by a Priest. Ironically, Tiburcio Vasquez the outlaw, was released from San Quentin prison on the same week and year of that murder. Vasquez’s life of crime began when he got in a fight, was arrested, got away, got in another fight with lawmen a few months later, and decided to live a life “out in the world.”
The Vasquez gangs, who numbered from about four to fifteen hoodlums, crooks and murders, terrorized California towns, ranches, roads, hotels, businesses and basically anything they could steal from. Vasquez himself claimed he never killed anyone at all, but his men did, usually not on his orders, he claimed. Vasquez was constantly pursued, caught and escaped a few times, and had two sheriffs with posses on his tail for a lengthy amount of time. Vasquez himself claimed most of his robberies were in Los Angeles and Kern County, and that he only went north a few times for a few days at a time, hence being photographed in Volcano, an out of the way gold rush mining camp in the hills miles east of Jackson.
His gang got out of control in one robbery and killed three people before Vasquez got there. That was the last straw for law enforcement, who placed an $8000 reward for his capture, and $15,000 if the entire gang could be caught.
Henry N. Morse Sheriff of Alameda County, put together a posse of a number of men and went on the hunt for Vasquez. At one point Morse and his men were gone for over 60 days. At the same time, Sheriff Rowland of Los Angeles put together another posse and went after Vasquez. But Vasquez was tricky. He paid an informant on the inside of the LA Sherriff’s department, so he knew most of Rowland’s moves. “I was shadowed by a (Vasquez) spy,” he remarked. Rowland suspected this, and sent out his Undersheriff Johnson. Rowland, Johnson and Morse all secretly communicated, with Morse coming after Vasquez from one direction, while the Johnson group came from another. The LA posse included Mitchell, the Los Angeles Mayor, who was in the arresting party about May 14, 1874.
Vasquez jumped out of an open window while shots were being fired. He was badly wounded during his capture, and survived, though at the time he thought he would be dead shortly from the wounds. He was eventually tried in San Jose, found guilty and hanged in March 1875. Despite his demise, Vasquez had a strong support network of Californios throughout the State, a long string of high society ladies, many married, competing for his attention, and achieved folk hero status near and after the date of his death. Whether or not he was a murderer is disputed and his fan base is evident simply due to the fact that he was so difficult to capture.
Vasquez soon became the go-to robber to get blamed for every holdup, from San Diego p to Shasta and over to Virginia City. The same held true for other famous robbers such as Black Bart.
The photograph here was taken by David S. Boydston of Volcano, California. Boydston came to Volcano in 1850. In 1853 he became one of the founding members of the Volcano Temperance Society. His occupation in the early years is not well documented, though it may be assumed that he tried his hand at mining (more research needed in the Amador County Recorder’s Office, beyond the scope of this essay).
Boydston may have partnered with I. S. Halsey, a dentist and photographer, as listed in the 1867 Langley Pacific Coast Directory (data from 1866.) Bu 1869 he had apparently taken over that business, and was listed as the proprietor by 1870. Over the years, his name appears in most of the various directories of Volcano, of which there were several different publishers. At some point he changed “dentist” to “druggist,” also generally retaining the photographer notation. He married Susan, and the pair had three children, two boys and a girl. Boydston served on the school Board. One son, Willis, may have taken over the Volcano drug store in his father’s later years, then moved it to Jackson, where he ran the Jackson Drug Store until his death in 1905 by typhoid. Boydston was so enthralled with photography that he invented a shutter device for a camera, patenting the device in 1883. Boydston died in the late 1890s. He never advertised his businesses.
Vasquez visited the Amador County area in about 1860-1863, though little is known of his visit.
The CDV here of Vasquez has not been previously known or published. He was one of the most celebrated outlaws in California's history, which makes this an extremely rare find. The following photograph was taken probably after his capture in 1874.
References: May 15, 1874 Alta Californian; May 15, 1874 San Francisco Chronicle, others.
Auction Location:
3555 Airway Drive Suite 308, Reno, Nevada, 89511, United States
Previewing Details:
Preview
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Nevada State Sales Tax
Taxes:
Tax | Rate | Desc. |
NSST |
8.375% |
Nevada Sales Tax |
CSST |
8% |
California Sales Tax |
Buyer's Premiums:
From (Incl.) | To (Excl.) | Premium |
0.00 |
Infinite |
25% |
Additional Fees:
Shipping Details:
Shipping is billed after Auction items are paid for and items have been packed. Items will be packed in order that payments are received.
Please be aware that about 300 invoices are paid on the first day so it may still take a while.
Large item, fragile items and very large orders will take longer. We do not ship via Freight. For an additional fee we will prepare a pallet for Freight pickup, arranged by the customer, as time allows. Please be patient!
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TERMS AND CONDITIONS
Live Auction conducted by Holabird Western Americana Collections, LLC (HWAC).
1. The placing of a bid shall constitute the bidder’s acceptance of these terms of sale.
2. BUYER’S PREMIUM & INSURANCE: There will be a 25% Buyer’s Premium added to the sale price (hammer) of each lot. We accept cash, checks, money orders, wire transfers, credit cards and PayPal.
3. COINS, CURRENCY AND PRECIOUS METALS, Insurance. The buyer’s commission for this section is 20.5%. Coins and currency shall be defined as any regular Federal issue circulating coins and currency. Tokens are not considered coins. Precious metals shall be defined as ingots, silver or gold rounds, bullion items and gold nuggets. Mineral specimens are not considered under the precious metals category. Commemorative items such as metals and ribbons are not considered coins of precious metals. However, lots that consist entirely of gold or silver of high purity, including commemorative metals, are considered precious metals. Please contact our office if you need clarification on a specific lot.
4. SALES TAX: Sales tax may be applicable in any of the 50 states according to current tax laws regarding internet sales. Please check your state's tax regulations. HWAC will charge sales tax for those states that we know have instituted internet sales tax. All bonafide resale dealers with a current valid resale license should submit their license in advance to HWAC.
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6. LIVE (FLOOR) BIDDING: Please arrive a few minutes early to check in and receive your bidding paddle. We will open lots with more than one bid at the current high absentee bid or 50% of the low estimate at the auctioneer’s discretion. Please be sure to bid on the correct lots during the live auction. Our auction progress is at a rate of between 60 and 150 lots per hour. An item is not sold until the next lot is announced. (We are not responsible for Internet bids that arrive late.) The auctioneer will identify the successful bidder by number and announce the winning bid amount. If you are not sure whether you won the lot or not, it is your responsibility to ask for clarification immediately, prior to the start of the next auction lot. Auctioneer reserves the right to reopen the lot in the case of an immediate dispute at the actual time of the sale.
7. TELEPHONE BIDDING: Telephone bidding MUST be scheduled prior to this auction. If you do not schedule in advance, and choose instead to call on the day of the auction to request a line for bidding, you may find that we are unable to accommodate your request. Please limit your telephone bids to items of value greater than $500, or to a string of items with a similar total.
8. LIVE AUCTION ABSENTEE BIDDING: Mail or FAX Absentee bids for the live auction MUST be received by 5pm Pacific Time the day before the auction. Bids accepted after the cutoff time will be represented live only if an agent is available and will not be considered absentee or given first priority as such. It is your responsibility to submit all lot numbers and bid amounts accurately. Absentee bids MUST be equal to at least 50% of the low estimate if an estimate is provided. Bids on “No Lots” or “Withdrawn” Lots will not be executed. Bids made in amounts that do not conform to the bid increment table under Item #13 will be automatically rounded up or down by the computer, or rounded to the nearest proper bid increment at the discretion of the auctioneer. Absentee bids are entered into a computer that will bid live on your behalf at the auction. Absentee bids will compete live against other absentee bids, live internet bidders, floor bidders and phone bidders.
9. INTERNET BIDDING: Both Absentee and Live Internet bidding are available through our live auction networks. If you wish to bid LIVE via the Internet, you MUST pre-register. A live feed is generally accessible during the auction. Online bidding remains open through the live auction, and online absentee bids may be placed anytime. Live bidding will open when the auction starts. Internet bidding is offered as a convenience for those who cannot attend the live sale. Please note that there may be delays or interruptions in Internet connectivity that are beyond our control. Attending the live auction or arranging for an agent is the most reliable way to secure your bids.
10. NEW BIDDERS: Bidders unknown to us, who anticipate an expenditure in excess of $20,000, must provide commercial references or a deposit of 25% of the amount to be bid in order for the auction staff to execute bids. Deposits will be credited towards lots won and any balance will be refunded within 10 business days after the auction has concluded. New bidders will be given a spending limit at their initial request to participate. In order to increase this limit, you may be required to provide a letter of authorization from your bank in addition to providing references. Please contact our office at any time if you have questions regarding spending limits or references required to bid.
11. AGENT BIDDING: There are numerous professional agents available to assist you should you require this service. Please contact the office for a list or to arrange for representation on the floor during the live auction. HWAC is not responsible for any acts or omissions by agents acting on behalf of bidders at our auctions.
BE ADVISED: Auction participation through the live Internet bidding site is not 100% foolproof. The technology for this process is always changing, and the operation of it and the corresponding Internet connectivity issues are far beyond our control. Some folks have attempted to use the live Internet bidding process as their primary method of bidding, and have been quite successful. Others have failed completely. Depending upon your computer, server, host, and other factors, Internet signals may be delayed, such that bids may not be received in time. We cannot be held responsible for these delays, or for the lack of placed bids in a timely manner, or any other factors leading to unaccepted bids that are far beyond our control. Bidders should always have a backup plan for lots they highly desire. Live participation is best, followed by phone participation. We will not reopen lots for missed bids.
12. RESERVES: Most of the lots in this auction are unreserved. Precious metals may be reserved at or near or slightly below spot, at the auctioneer's discretion.
13. BIDDING INCREMENTS: All bids must be submitted in U.S. dollars and in whole dollar amounts only in the appropriate increments as outlined below. If you choose to submit bids in an increment not listed below, your bid will be rounded to the nearest increment and you will be expected to pay the amount to which the bid was rounded should your bid be the winning bid. If you have any questions about an appropriate bid amount, please call us.
From: to: Increment:
$1 $95 $5
$100 $190 $10
$200 $475 $25
$500 $1,450 $50
$1,500 $3,400 $100
$3,500 $9,750 $250
$10,000 $30,000 $500
$30,000 up $1000
14. BID REDUCTION: All winning absentee bids will be reduced, if necessary, to the next bidding increment up from the last competing bid, as long as the minimum bid requirement has been met. For example, if you submit an absentee bid of $1000 and the next highest competing bid is $250, then you will win the lot for $275.
15. BID INFORMATION: Collectors often ask in advance the price level of a particular lot. We will give out the current competitive high absentee bid until we close the day before the live auction. You may also view absentee bids online at www.holabirdamericana.com. While we try to update the absentee bids as often as necessary, bids received close to the bidding deadline might not be reflected online, and we disclaim any responsibility for any bids made in reliance upon inaccuracies on our website, which may be beyond our control. We do not own any of the live Internet bidding platforms, and thus many aspects of the Internet technology are out of our control.
16. BID CANCELLATION: If you wish to cancel or change a bid after you have submitted your bids to us due to an error, you MUST PHONE us to advise us of this. Bid cancellations through mail, email, or faxes are not advisable. Errors are easy to make. Please call us if you have any questions on this.
17. All stock certificates, checks, warrants, and other financial documents sold herein are sold as antiquities, and have no financial, securities, or public trading value whatsoever.
18. We reserve the right to reject any bid we feel is not made in good faith.
19. INVOICING: Invoices are mailed or emailed within two business days after the close of all portions of the sale. Within 15 calendar days of receipt of invoice, payment is due in full to Holabird Western Americana Collections, 3555 Airway Dr., #308, Reno, NV 89511. Late fees may be added if payment arrangements are not made within those 15 days. Sales tax will be added to all sales picked-up after the auction or shipped to Nevada addresses, according to Nevada State law, unless a resale certificate is provided.
20. PAYMENT: We accept Cash, Visa, Master Card, American Express, Discover, Money Order/Cashier’s Check, Wire Transfer, Personal Check or PayPal. All returned checks are subject to a $25 fee. Cash received in amounts greater than $10,000 is subject to the filing of IRS form 8300, as required by law.
21. Automatic Credit Card Billing: Internet bidders are subject to the payment terms and conditions outlined on the internet bidding platform they utilize, which may include the automatic payment of auction invoices with the credit card information on file at the time of registration.
22. NON-PAYMENT: HWAC reserves the right to cancel any invoice not paid in full within 15 days. A cancelled invoice does not relieve the bidder from their obligation to pay seller fees and buyer’s premiums compensating HWAC for its services in conducting the auction. Interest shall run on all outstanding balances at the highest rate permitted by law. HWAC shall have a lien against the merchandise purchased by the bidder, and any other of bidder’s property then held by HWAC or its affiliates, to secure payment of the invoice, and with respect thereto HWAC shall have all the rights of a secured creditor under the Nevada Commercial Code, including but not limited to the right of sale. HWAC may sell the lot(s) securing the invoice to any under bidders 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 HWAC. 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 HWAC). The defaulting bidder is liable to pay any difference between his or her 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 HWAC auction. If HWAC refers any invoice to an attorney for collection, the bidder agrees to pay attorney’s fees, court costs, and other collection costs incurred by HWAC. Any bidder who fails to follow the terms of payment will be reported to iCollector, Live Auctioneers, Invaluable, or applicable bidding platform, and may be barred from participating in future Holabird Western Americana auctions.
23. RESTOCKING FEE: In the event that purchased item(s) remain unclaimed by the buyer for a period of more than 30 days after the auction concludes, or is returned without valid reason, the buyer shall be subject to a restocking fee equal to 10% of the total purchase price. This fee is intended to cover administrative costs, storage fees, and other expenses incurred as a result of the unclaimed or returned item.
24. UNCLAIMED MERCHANDISE: In the event that a successful bidder has paid in full for their merchandise but fails to settle outstanding shipping invoices or make arrangements for merchandise pickup within 60 days, HWAC reserves the right to declare the merchandise forfeited. This forfeiture will result in the merchandise becoming the property of HWAC and the successful bidder shall have no claim to or rights over the forfeited merchandise.
25. CONDITION: We strongly recommend that you attend the live preview to see lots in their entirety. Conditions are not always noted, and large lots may not be itemized due to catalog restraints. For questions, detailed information, or additional images of any lot please contact our office at 775-851-1859. Bidders are responsible for understanding the condition of items. Conditions noted are subjective, and may differ person to person. High resolution images of all items are available online for inspection. HWAC is not responsible for condition discrepancies; it is the bidders responsibility to determine condition prior to bidding.
26. RETURN POLICY: All items are guaranteed to be authentic unless otherwise noted. If authenticity is challenged, please call our office for assistance. ALL SALES ARE FINAL. You may only return any piece that was significantly inaccurately described by calling our office within 10 days of receipt of item(s) and notifying us of the error and reason for return. We do not refund postage or insurance. Please call us if you require a more specific condition report. Any items that are returned must be returned in the exact, unaltered condition. When we receive your bids we will assume you have read the description in the catalog, viewed the image of the item, have contacted us regarding any questions you may have on any lot and/or have previewed the lot in person.
27. This sale is being held under the laws of the State of Nevada.
28. HWAC shall not be held responsible for any problem due to the bidder’s failure to follow the rules, terms and conditions of this sale, or any failure to bid due to the loss of the online auction process provided by any of the online auction networks; or missed bids, changed bids or cancelled due the bidder’s failure to follow the proper bidding procedure outlined herein.
29. By placing a bid or otherwise participating in the auction, Bidder accepts these Terms and Conditions, and specifically agrees to the dispute resolution provided herein.
30. HWAC shall not be responsible for consequential damages, incidental damages, compensatory damages, or any other damages arising or claimed to be arising from the auction on any lot. Bidder’s sole remedy for any proven act or omission shall be rescission of sale and refund of the amount paid by Bidder.
31. 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 shall be exclusively heard by, and the parties consent to exclusive in personal jurisdiction of, the Superior Court of Washoe County, Nevada. The parties expressly waive any right to trial by jury. Any claim must be brought within one (1) year of the auction from which the claim arose or the claim is waived. In every case, the prevailing party shall be entitled to an award of its attorney’s fees and costs.