Russ Pritchard Jr. Sentenced, To Repay Buyer
By Deborah Fitts
July '02
PHILADELPHIA, Pa.
Russ Pritchard Jr., 62, of Memphis, Tenn., was
sentenced May 24 to six months in a halfway house and ordered
to pay $35,000 in restitution for stealing a Confederate uniform
from a museum.
Pritchard Jr. was the first of the three principals of the former
Bryn Mawr-based American Ordnance Preservation Association to
be sentenced in a wide-ranging case of theft and fraud involving
the lucrative field of Civil War relic dealing.
His son, Russ Pritchard III, and their associate George Juno
have also been convicted. The sentencing hearing for Pritchard
III is scheduled for July 11, and for Juno Aug. 1. Both victims
and supporters will be permitted to address the judge.
A well-known figure in the world of militaria, Pritchard Jr.
formerly served for many years as executive director and curator
of the Civil War Library & Museum in Philadelphia, which
houses one of the most significant collections of Union memorabilia.
Pritchard Jr.'s prosecution was confined to the incident in
1996 when a cousin in Memphis, Bill Day, asked him to authenticate
items belonging to his great-great-grandfather, a Confederate
officer. Day had come into possession of his ancestor's relics
and had opened his ancestor's home as a house-museum.
Pritchard Jr. selected a uniform frock coat and pants. He eventually
reported back to Day that it was a costume and had been given
to charity. In fact, Pritchard Jr. and his son had had gold
stars made for the collar and sold the uniform to Stone Mountain,
Ga., relic dealer John Sexton for $45,000.
When charged last year, Pritchard Jr. pleaded innocent. A federal
jury convicted him in January. During the sentencing hearing,
Pritchard Jr.'s defense attorney, Thomas Bergstrom, argued that
his client was a victim of his son, Pritchard III.
During the trial, Pritchard Jr. said he was never aware of the
value of the uniform and didn't realize that his son had resold
it. Prosecution witnesses demonstrated, however, that Pritchard
Jr. was often called upon to appraise Civil War relics, including
uniforms.
Bergstrom asked U.S. District Court Judge Petrese Tucker to
sentence his client to probation instead of the halfway house.
But Tucker agreed with the argument of Assistant U.S. Attorney
Robert Goldman, that an example needed to be made.
"The national dealers and collectors are waiting to see
what happens," Goldman asserted. But he did not succeed
in convincing Tucker to send Pritchard Jr. to a regular prison.
Federal sentencing guidelines called for a term of 15 to 21
months.
Goldman explained afterward, "If the defense can convince
the judge that what the defendant did was aberrant behavior,
she can go lower." Pritchard Jr. had no prior convictions.
Goldman said the halfway house in Memphis, run by the federal
Bureau of Prisons, represented the "least restrictive incarceration
setting." Pritchard Jr. may be allowed out during the day
if he has work to go to, but will be confined at night.
A half-dozen individuals spoke at the hearing regarding Pritchard
Jr.'s good character. Tucker said she had also received several
letters, both for and against him.
The $35,000 restitution was to be paid to Sexton. The uniform
had changed hands twice more, however. "We got all the
victims together," said Goldman, "and basically everyone
agreed to reverse the transactions."
According to Goldman, Sexton agreed to reimburse relic dealer
Gary Hendershott, for the $51,500 that Hendershott paid Sexton
for the uniform; and Hendershott, in turn, agreed to reimburse
the Tennessee State Museum the $67,500 that the museum paid
him.
Day agreed to let the museum keep his ancestors uniform,
so the museum gave him the $67,500. Pritchard Jr. was also ordered
to pay a $4000 fine.
Additional Information:
On Aug. 25, 2003, Mr. Gary Hendershott contacted The Civil War
News to provide the following clarification of the transaction
and set the record straight.
Mr. Hendershott states, with regard to the series of exchanges
and reimbursements, that the following is the sequence of events
and that the frock coat is now in the collection of the Tennessee
State Museum. His statement follows:
"I bought the same uniform twice for the same amount each
time. At one point in time, I actually had $103,600 tied up
in this uniform having originally purchased it from Sexton for
$51,800. Although during the trial it became apparent that the
uniform belonged to William Day.
"Mr. Day agreed to sell me the uniform again for the same
amount that I previously paid Sexton which was $51,800. Thus,
in order to get clear title on the uniform I purchased it twice
and received a notarized bill of sale signed by William Day
on January 30, 2002.
"The Tennessee State Museum has the uniform in their permanent
collection. John Sexton reimbursed my company by way of $40,000
in trade and $11,800 in two checks which totaled $51,800, which
was my original purchase price in 1998."