Written in 1885 (as referenced in the text), then published in 1892, (in a cleaned up version); this draft written on both sides of a single large sheet, probably by Walker himself. The Crater, under the Confederate lines at Petersburg, was blown July 30, 1864, and proved to be a disaster to the Union troops (many of them black) when the crater full of charging US troops became a 'turkey shoot' for the southerners. The complete text: "The impression produced upon my mind by & at the Crater fight has remained unchanged to this day twenty one years later & that is this that the defeat of the enemy on this occasion & this defeat was signal, was due in main to the Artillery and to the engineer who arranged the position of the guns & mortar in anticipation of the conflict. Awakened at dawn by the explosion & the heavy cannonading which followed it, it was soon ascertained that the enemy was in possession of our lines at Pegasus battery, since known as the Crater. Our position (the Oty Battery) was the second salient to the right of the Crater, Davidson's Battery occupying the salient between these two positions, and having one gun bearing directly on the Crater. Our battery consisted of four Napoleon guns on the lines & 3 12lb mortars immediately in the rear. Our horse camp was perhaps 1 ½ miles distant. Major Gibbs was in command of the Battalion called the 13th Va. Soon after the fight opened & the cannonading was the heaviest I saw or heard during the war. Major Gibbs came to our position and asked me if I could let him have a Lt & detachment of men to man Davidson's battery which had with a few honorable exceptions abandoned its guns. That the men manning the Napoleons & mortars must not be taken, but if I had any at the horse camp to send for them & the Lt then these. The officers & men took turns in resting from the incessant fire of the trenches by rest in the horse camp. Soon after receiving this order, I do not know the time & some time after I had sent an order for Lt Norvill & the men with him at the horse camp to report to me on the lines, I was informed of the serious wounding of Major Gibbs after he was being carried from the field. Being Senior Captain, they put me in command of the Battalion, and I at once went to the place of most importance, Davidson's Battery. I found the guns idle & deserted, the embrasures filled up but only several of the men faithfully waiting to do their duty. Soon Lt Powell of this battery who had been at his horse camp made his appearance and asked me to let him have command of the gun bearing on the Crater and sympathizing with him in his position I acquiesced ordering him to clean out the embrasure & to open fire at once We were serving the gun with the assistance of some infantry if I remember correctly. A Capt. Preston of the infantry was then killed and perhaps his brother wounded both of whom were most gallantly aiding us. When Lt. Nowell & his men arrived. Explaining to Lt. Nowell the position of affairs, he at once went to sharpshooting, being a most excellent shot. And very bravely as Private did his duty, his men serving the gun. The earth thrown up at the explosion which formed a line between the Crater & the enemies line was I suppose 12 or 15 feet high. The enemy in the crater had to pass over this to run the gauntlet to their own lines. The sharp shooters had gathered on either side and with one gun on our side & I think more on the left of the crater under command of Col. Hilary Jones kept up an incessant fire in front of the crater. Singly, in couples or in groups they attempted to escape the dreadful rain of mortar shells from both sides of the crater into this horrible pit, only to confront the bullets of the sharp shooters, or ths cannister of the Napoleons. Huddled together by thousands in & around the crater, the mortars, sharp shooters & Napoleons on either side were hurling destruction every minute if not second. There was no place to shelter, no place to retreat, the men dropping in depressions of shells if they remained, and the deadly minnie (sic) & cannister if they mounted the works to escape, was enough to chill the bravest & the bravest men charged. There was a gradual accumulation of dead & dying until from they formed an inclined plain (sic) stretching from the top of the works to 100 or 150 feet and perhaps 30 or 40 feet wide. Besides the view of the field between the two lines was thick with the dead & wounded. I cannot say I was an eye witness of Mahones first charge & whether it occurred while I was at Davidson's battery or before I got there. If while then I was too much occupied to leave the position & witness it, but my impression of the charge was & twas gallant as any made during the war, the right of the charge failed to reach our works and left Genl Weisiger [then Col] to do some desperate fighting, some of it hand to hand, to get into our lines to the left of the crater and to hold a small portion of them. Between our position & the crater nothing was recovered and there was neither rebel or yankee in the lines between us & the crater. The lines were empty, the attempt to take them, however courageous, was a failure. In my opinion, the result would have been the same if no charge had been made, unless the position of affairs to my left of the crater was much more serious than on our side of it. Col Hilary Jones can answer that question, he was then & gallantly there. I could not see it. I do not wish to distract from the honor of the infantry in that conflict, who generally had to bear the brunt of every fight, but it seemed to me the circumstances has placed the battle in the hands of the artillery by the skill of the engineers, with the exception of Davidson's Battery they performed their duty and are invested to end it for it (?). When the enemy after the explosion entered our works, he should have pressed on. They faltered, allowing our men, who had situated on either side of the crater to volley to the next salient & then when they attempted to push on to Blandford, the sharp shooting of a few determined men, and the iron of artillery on both flanks caused them to take refuge in the crater. In the meantime, the mortar batteries & artillery so skillfully arranged when at the work & the day was decided before the so called hero of it reached the field. When the fire of the enemies artillery was weakening decidedly, and fire from the crater had almost ceased, the second charge was made. This I saw distinctly as it was directly in front of the crater, and directly at us & most gallantly was it done. Out of the crater then ran about 200 to 300 men. I presented them two rounds of cannister as a parting salute, and I presume Col Jones gave them more. The infantry that had charged them dead & dying, which we had for 6 or 8 hours been pummeling, the fight was over. The firing ceased. I entered the crater. War is horrible, but this was the most horrible sight I ever saw. Men mangled in every way, torn to pieces, dismembered, with great ugly butchering wounds, showing that shell or minnie (sic) balls had worked their destruction. I retreated. Our victory was complete. I think the enemy lost some 5,000 to 6,000, we comparatively few. The honor of this victory I think belongs primarily to the engineers who before the fight & in anticipation of it had arranged our line, moved the horse camps nearer to us, & left us who were still left on the line to be blown up somehow sometime in better More completed (----) our lines by doing all the digging in cannon, showing the patience of engineers, who kept changing their minds. Secondarily to the artillery who nobly performed their duty and when any failed, quickly supplying their places, with men who never faltered, & who continued the effort to the last cannon even to the saving of the Artillery columns at Appomattox.

Conditions of Sale

Thomaston Place Auction Galleries (TPAG) makes every attempt to uphold the highest standards in the auction industry. Our goal is to consistently deliver the highest level of products and services to our customers. Our catalog descriptions represent what we have deemed appropriate to identify each object and we stand behind our descriptions as they relate to authenticity, however all items for sale are offered "as is," and it is the bidder's responsibility (present, absentee, phone or online) to determine the exact condition of each item. Our warranty does come with parameters, and it is the bidder's responsibility to understand those parameters fully. Please take time to familiarize yourself with what is covered and make your bidding decisions accordingly.
1) All items are "as is," and it is the bidder's responsibility to inspect, research, and determine the authenticity of all items upon which bids are placed. Determination of age, materials, condition, quality, authenticity, classification, purported history and perceived value, regardless of what is written or said by TPAG, is the sole responsibility of the bidder/buyer.
2) TPAG nor its consignor(s) makes any expressed or implied guarantees, warranties or representations in regard to the property merchantability or the correctness of the catalog or other description of the authenticity of authorship, physical condition, size, quality, medium or material, period, culture, source, rarity, importance, provenance, exhibition, literature or historic relevance of the property or otherwise.
3) The absence of any reference to the condition of a lot does not in any way imply that the lot is in perfect condition or completely free of wear, imperfections, or the effects of aging.
4) Condition Reports for items may be requested up to 48 hours prior to the date of the auction. We will make every effort to answer all submitted questions in a timely manner however, we cannot guarantee that a request submitted within 48 hours will be answered prior to the auction date. Neither TPAG nor its consignor makes any guarantee or warranty with regards to these reports. It is the buyer's responsibility to examine each item and make their own assessment prior to the auction.
5) All items are sold for display purposes. If electrical, mechanical or other working parts are inoperable, even if working at the time of sale, TPAG is not liable due to the inherent nature of the age of antiques and items.
6) Goods made from or containing materials from protected species - TPAG does not accept any responsibility or liability for the sale of items containing materials from protected species or for any omissions in marketing or labeling goods as containing materials from protected species. Such materials include, but are not limited to ivory from elephants and walruses, tortoise shell, crocodile skin, whalebone, rhinoceros horn, some species of coral and certain woods. Restrictions on the importation, exportation, sale, transfer, and/or possession of goods containing materials from protected species derive from international, federal and state laws and regulations promulgated thereunder.
It is the sole responsibility of the buyer to research and satisfy the requirements of any laws and regulations that apply to the import and export of property as described in the aforementioned paragraphs. All buyers agree to comply with any and all domestic and international restrictions and licensing on the trade of protected species as a condition of the sale. The inability or delay in obtaining permits, licenses or other permissions to import or export goods containing material from protected species will not constitute a basis for rescission or cancellation of the sale or the delay of payment of purchased items in accordance with these bidder Terms and Conditions of Sale.
(If you are not able to make what you consider to be a comfortable decision about an item or if you believe an item may be incorrectly described in our catalog, we suggest that you refrain from bidding on said item.)
RETURNS
7) Items may be considered for return under very specific conditions and within 30 days after the auction. It is important that you pay for and acquire your item in a timely fashion. In the event we have made a significant attribution or disclosure of condition error such that there is a major effect on the value of an item, please contact us immediately (within 30 days after the auction.) We will review under the following circumstances:
A. The item has been paid for and the buyer has possession of the item.
B. The buyer must have the item reviewed by an independent party who is approved by TPAG, and is a recognized expert within the field of the item in question.
C. The expert provides a written report with specific and detailed reasons as to why the item is not as it was represented to be. The written report must be submitted to TPAG.
D. Our descriptions include what we deem to accurately portray an item's general condition. However, opinions about condition can vary and as such, the auctioneer shall make the final determination in the possible event of a refund.
E. The timeline for this process is 30 days from the date of the auction. In the event a committee or review board must convene to review the item, TPAG must be notified in order to extend the time beyond the 30 day limit. Otherwise after 30 days, ALL SALES ARE FINAL.
F. Once TPAG has accepted the ruling of the expert(s), the buyer is to return the item to TPAG at buyer's expense. In order to be eligible for a refund, the item must be returned in the same condition it was in when it left TPAG's possession.
G. In the event a refund is issued, it will be for the cost of the item, buyer's premium and any sales tax paid. The refund will be made in the same form as the payment of the original transaction.
8) No Chargeback Policy - Purchasers agree that disputes of any nature will not be resolved by a credit card chargeback and further agree to refrain from filing any chargeback claim against Thomaston Place Auction Galleries and/or its credit card merchant. By purchasing with us, the purchaser waives the right to initiate a chargeback and furthermore agrees to pay a minimum of $500 plus administrative fees, attorney fees, and/or any other charges associated with responding to said chargeback.
9) Jewelry, Timepieces, Stamps & Coins: All sales are final. There are no returns or refunds for any reason. Jewelry and items with mechanical parts such as clocks, timepieces, mechanical banks, music boxes, etc. are sold "as-is" on the day of sale and may
require servicing. The lack of a condition report does not imply that the item or lot is free from imperfections, defects or wear and tear of aging. This includes but is not limited to deficient stones, needed repair or defects.
GENERAL INFORMATION:
10) Bidder recognition: The auctioneer shall only accept bids from properly registered bidders who place bids live on the auction floor, by absentee bid, telephone bid, or online bid. The auctioneer shall acknowledge the top bidder as the winner. In the event of a disputed bid, the auctioneer will have sole and exclusive authority to resolve the dispute and determine the winning bidder.
11) The auctioneer has sole discretion and reserves the right to:
A. Reject or refuse to accept any bid or bidder that may be deemed inappropriate for any reason.
B. Pass/withdraw any items in the auction which do not open at a price commensurate with the items' value.
C. Open bidding and bid up to, but not exceed the reserve on behalf of the seller.
12) Anyone 18 years of age or older and of good creditworthiness (as determined by TPAG), may bid at this auction, including the auction staff.
13) Bidding on behalf of others: Unless you are registered as a buyer's agent prior to the start of the auction and we have written authorization from your buyer naming you as his/her appointed bidder, you are responsible for all the purchases under the terms and conditions of this bidding agreement.
14) EFFECTIVE JANUARY 1, 2022: the Buyer's Premium is 20% for in-house live, absentee and phone bidders. The Buyer's Premium is 25% for all internet bidders, live and absentee.
15) Reserves: Some item(s) in this auction may be offered subject to a reserve, which is a confidential, minimum price, below which the item cannot be sold. No reserve may exceed the pre-auction low estimate as stated in the item description.
16) Any dispute or litigation resulting from the sale of items in this auction will take place in the judicial system in the State of Maine.
BIDDING INFORMATION:
Bidding is an indication of your acceptance of all terms stated herein, including any changes/supplements added to the catalog, posted on our website, announced at the time of the sale or posted in the auction gallery, without exception. Acceptance of these terms and conditions constitutes a legal and binding contract and will be executed without exception. If you have any questions, please be sure to seek clarification before you bid.
17) Live Bidders: May register to bid any time during auction preview and during the auction. Unless you have previously registered with us, you will need to furnish at least one form of valid state or government issued identification. Your signature will be required to indicate acceptance of the Conditions of Sale.
18) Telephone and Absentee Bidders: May register in person, by fax, phone or email. To secure bids, every bidder is required to provide complete contact information, either a valid credit card number or a cash deposit of 20% of the low estimate, and acceptance of the terms and conditions of the auction.
A. These bids should be in our possession by 5:00 PM the day prior to auction in order to be properly processed. NO phone bids will be accepted the day of the auction unless approved by TPAG management.
B. Telephone and Absentee Bids are offered as a convenience to our buyers. TPAG will make reasonable effort to contact and carry out bids on behalf of its buyers but TPAG will not be liable for failure to do so or for errors or omissions in connection with absentee or phone bids. If we receive identical absentee bids on a particular lot and it is the highest bid, it will be sold to the person whose written bid was received and accepted first.
19) Online Bidders: Must follow the registration steps required by the applicable bidding platform and are subject to both the terms and conditions of the online bidding company AND TPAG's Conditions of Sale. We will use reasonable efforts to carry out online bids and do not accept liability for equipment failure, inability to access the internet or software malfunctions related to the execution of online bids.
PAYMENT:
20) Successful live bidders are expected to pay in full for all purchases immediately following the auction. Buyers must pay the entire amount including the hammer price, buyer's premium, all applicable taxes and other charges.
21) Successful absentee, phone, and online bidders will be notified of their purchases by email or regular mail within 5 business days of the auction. Payment is due no later than 15 days post sale. Payment for packing and shipping is a separate charge covered under the "Shipping" section.
22) All payments must be in US Dollars. We accept payments in cash, by personal, business, bank or cashier's check, Visa, MasterCard, Discover, American Express, PayPal and bank wire transfer. For domestic buyers, payments in excess of $25,000 must be made by wire transfer unless otherwise approved. For international buyers, payments by checks drawn on US banks or a wire transfer are the only acceptable methods of payment.
23) No items will leave TPAG until payment is made in full.
24) TPAG reserves the right to hold all merchandise until payments clear our bank.
25) All returned checks will be assessed a $35.00 processing fee.
26) In the event payment in full is not received within 15 days from the date of the auction, any outstanding amounts will be charged to the credit card on file.
A. If payment is not received 30 days from the sale, there will be a 1.5% per month surcharge added to the total invoice, and;
B. If no credit card is available or if payment has not been received within 30 days, TPAG will pursue alternate collection avenues in order to collect the balance due plus any storage, administrative, collection, attorney and/or court fees.
C. After 30 days from the day of the sale, storage fees will be charged at $50 per item, per month.
D. After 30 days, the warranty no longer applies.
E. If payment in full is not received 45 days from the sale, all ownership rights to any items on a bidder's invoice are forfeited and the bidder will be responsible for any outstanding amounts including, but not limited to storage and collection fees.
F. Additionally, TPAG may report the buyer's name to other auction houses and online platforms regarding creditworthiness and restrict the buyer from future bidding at TPAG and our associated online platforms.
SALES TAX:
27) The State of Maine sales tax of 5.5% will be assessed on all purchases except when buyer provides a copy of a valid state-issued resale certificate (business type must pertain to the item/s being purchased). International sales do not include customs or VAT charges.
SHIPPING / PICK-UP / STORAGE FEES:
28) On completion of payment TPAG will help coordinate shipping. Please contact TPAG with any questions.
29) If either someone else other than the buyer, or a shipper other than one represented on the invoice, will be picking up auction items, the buyer must inform us in advance so we may release the items.
30) Shipments will be insured for the full purchase price unless other coverage is requested by the buyer. Any damage or delivery issues (regardless of any assistance offered by TPAG) are between the buyer and the shipper. Items with gesso surfaces, frames, mirrors, furniture, etc. that exhibit loss/detachment due to normal handling (no obvious signs of neglect or abuse) are exempt from damage claims.
31) If the shipping address is different than the credit card billing address, TPAG will hold shipment for 30 days from the date of payment.
32) TPAG will not alter any catalog descriptions or declare less than the full purchase price on any international customs paperwork. All international customs documents and costs are the responsibility of the buyer.
33) All items must be picked up from our auction facility within 30 days of the sale unless prior arrangements have been made. For items unclaimed after 30 days:
A. Items left at TPAG for more than 30 days will be subject to a storage fee of $50 per item, per month to be paid prior to collection of items.
B. Items left at TPAG over 45 days after the date of sale may, at the sole discretion of TPAG, be re-sold on buyer's behalf. The above costs of storage, plus any other costs directly related to the items and an auctioneer's commission of 30% will be subtracted from the proceeds.
C. Items unsold or unclaimed by 180 days from the date of this agreement will become the sole property of TPAG and may be sold or otherwise disposed of without reporting or liability of any sort to the buyer.
34) The inability to choose an acceptable shipping option is NOT a reason for non-payment of an item's full purchase price.
35) Attention online bidders: Any items won during auction will not be available for pick-up until the second business day after the auction. Please call ahead!
36) Anyone planning to pick up items from TPAG, should call 24 hours in advance to make arrangements.

Buyer's Premium

A 25% buyer's premium will be added to the total sale price.

Shipping Information

SHIPPING / PICK-UP / STORAGE FEES:
28) On completion of payment TPAG will help coordinate shipping. Please contact TPAG with any questions.
29) If either someone else other than the buyer, or a shipper other than one represented on the invoice, will be picking up auction items, the buyer must inform us in advance so we may release the items.
30) Shipments will be insured for the full purchase price unless other coverage is requested by the buyer. Any damage or delivery issues (regardless of any assistance offered by TPAG) are between the buyer and the shipper. Items with gesso surfaces, frames, mirrors, furniture, etc. that exhibit loss/detachment due to normal handling (no obvious signs of neglect or abuse) are exempt from damage claims.
31) If the shipping address is different than the credit card billing address, TPAG will hold shipment for 30 days from the date of payment.
32) TPAG will not alter any catalog descriptions or declare less than the full purchase price on any international customs paperwork. All international customs documents and costs are the responsibility of the buyer.
33) All items must be picked up from our auction facility within 30 days of the sale unless prior arrangements have been made. For items unclaimed after 30 days:
A. Items left at TPAG for more than 30 days will be subject to a storage fee of $50 per item, per month to be paid prior to collection of items.
B. Items left at TPAG over 45 days after the date of sale may, at the sole discretion of TPAG, be re-sold on buyer's behalf. The above costs of storage, plus any other costs directly related to the items and an auctioneer's commission of 30% will be subtracted from the proceeds.
C. Items unsold or unclaimed by 180 days from the date of this agreement will become the sole property of TPAG and may be sold or otherwise disposed of without reporting or liability of any sort to the buyer.
34) The inability to choose an acceptable shipping option is NOT a reason for non-payment of an item's full purchase price.
35) Attention online bidders: Any items won during auction will not be available for pick-up until the second business day after the auction. Please call ahead!
36) Anyone planning to pick up items from TPAG, should call 24 hours in advance to make arrangements.

Payment Information

PAYMENT:
20) Successful live bidders are expected to pay in full for all purchases immediately following the auction. Buyers must pay the entire amount including the hammer price, buyer's premium, all applicable taxes and other charges.
21) Successful absentee, phone, and online bidders will be notified of their purchases by email or regular mail within 5 business days of the auction. Payment is due no later than 15 days post sale. Payment for packing and shipping is a separate charge covered under the "Shipping" section.
22) All payments must be in US Dollars. We accept payments in cash, by personal, business, bank or cashier's check, Visa, MasterCard, Discover, American Express, PayPal and bank wire transfer. For domestic buyers, payments in excess of $25,000 must be made by wire transfer unless otherwise approved. For international buyers, payments by checks drawn on US banks or a wire transfer are the only acceptable methods of payment.
23) No items will leave TPAG until payment is made in full.
24) TPAG reserves the right to hold all merchandise until payments clear our bank.
25) All returned checks will be assessed a $35.00 processing fee.
26) In the event payment in full is not received within 15 days from the date of the auction, any outstanding amounts will be charged to the credit card on file.
A. If payment is not received 30 days from the sale, there will be a 1.5% per month surcharge added to the total invoice, and;
B. If no credit card is available or if payment has not been received within 30 days, TPAG will pursue alternate collection avenues in order to collect the balance due plus any storage, administrative, collection, attorney and/or court fees.
C. After 30 days from the day of the sale, storage fees will be charged at $50 per item, per month.
D. After 30 days, the warranty no longer applies.
E. If payment in full is not received 45 days from the sale, all ownership rights to any items on a bidder's invoice are forfeited and the bidder will be responsible for any outstanding amounts including, but not limited to storage and collection fees.
F. Additionally, TPAG may report the buyer's name to other auction houses and online platforms regarding creditworthiness and restrict the buyer from future bidding at TPAG and our associated online platforms.

Shipping

SHIPPING / PICK-UP / STORAGE FEES:
28) On completion of payment TPAG will help coordinate shipping. Please contact TPAG with any questions.
29) If either someone else other than the buyer, or a shipper other than one represented on the invoice, will be picking up auction items, the buyer must inform us in advance so we may release the items.
30) Shipments will be insured for the full purchase price unless other coverage is requested by the buyer. Any damage or delivery issues (regardless of any assistance offered by TPAG) are between the buyer and the shipper. Items with gesso surfaces, frames, mirrors, furniture, etc. that exhibit loss/detachment due to normal handling (no obvious signs of neglect or abuse) are exempt from damage claims.
31) If the shipping address is different than the credit card billing address, TPAG will hold shipment for 30 days from the date of payment.
32) TPAG will not alter any catalog descriptions or declare less than the full purchase price on any international customs paperwork. All international customs documents and costs are the responsibility of the buyer.
33) All items must be picked up from our auction facility within 30 days of the sale unless prior arrangements have been made. For items unclaimed after 30 days:
A. Items left at TPAG for more than 30 days will be subject to a storage fee of $50 per item, per month to be paid prior to collection of items.
B. Items left at TPAG over 45 days after the date of sale may, at the sole discretion of TPAG, be re-sold on buyer's behalf. The above costs of storage, plus any other costs directly related to the items and an auctioneer's commission of 30% will be subtracted from the proceeds.
C. Items unsold or unclaimed by 180 days from the date of this agreement will become the sole property of TPAG and may be sold or otherwise disposed of without reporting or liability of any sort to the buyer.
34) The inability to choose an acceptable shipping option is NOT a reason for non-payment of an item's full purchase price.
35) Attention online bidders: Any items won during auction will not be available for pick-up until the second business day after the auction. Please call ahead!
36) Anyone planning to pick up items from TPAG, should call 24 hours in advance to make arrangements.

Taxes on your purchase

SALES TAX:
27) The State of Maine sales tax of 5.5% will be assessed on all purchases except when buyer provides a copy of a valid state-issued resale certificate (business type must pertain to the item/s being purchased). International sales do not include customs or VAT charges.