[CPProt.net] Long-lost 'Guardian' steaming back to historical museum

[Ellie Bruggeman]

Long-lost 'Guardian' steaming back to historical museum

It was thought to be burned in a fire, then lost, then stolen.

But soon a missing painting will find its way back to the Port Huron
Museum - but at a cost.

The nearly 20-year disappearing act of The Guardian- a 1936 maritime
painting by Montague Dawson valued at more than $100,000 - is expected to
come to a close by the end of this year when it's again displayed at the
museum.

The painting's journey began with a 1987 fire that caused $1 million in
damage to the museum. Officials thought the painting was destroyed, but
Director Stephen R. Williams said its whereabouts never were confirmed.

"We couldn't account for it. We had been looking for a number of years
trying to find it," Williams said.

The painting resurfaced in 2003 when museum curator T.J. Gaffney was
conducting routine searches on the Internet for missing artwork. He found
a record of the 2-by-4-foot painting's sale at a Detroit art gallery in
1994.

"The police were notified, and the painting was reported stolen," said
John Livesay, Port Huron's city attorney.

An investigation showed that Carl Arko, a former St. Clair County
Intermediate School District official, sold the painting in 1994 to
DuMouschelles Art Gallery in Detroit.

Arko said he found the painting in the garbage with debris from the museum
fire.

"They tossed it out," said Arko, former assistant director of education
services at what is now the St. Clair County Regional Educational Service
Agency.

"We tried to send it back several times and it ended up getting tossed out
by the custodian," he said Friday.

Livesay said the museum has no proof of communications with Arko.

"Nobody can explain how Arko ever got a hold of it," he said.

DuMouschelles sold the painting to Wayne County art collector Woodward
Warrick Jr., who did not want to return the painting to the city because
he said he did not know it was stolen.

The city filed a lawsuit in 2004 seeking the return of the artwork. It
could prove ownership, but couldn't prove how Arko came first came into
possession and therefore was worried about the fate of its case.

The law states anyone in possession of stolen artwork is responsible to
return the piece whether or not they knew it was illegally taken, but the
city had no guarantee a judge would rule in its favor.

"There were things that we couldn't explain; Mr. Warrick was certainly an
innocent purchaser," Livesay said.

To ensure its return, a settlement this month was reached that drops the
lawsuit. The city, DuMouschelles and Arko each are paying $10,000 to
Warrick in return for the painting.

"We're glad to have the painting back where it belongs," Williams said.

Livesay said the city decided to settle because it expected to pay about
$10,000 in legal costs to try to get the painting returned.

"It's in good condition and we have every intention to have it on
display," Williams said.

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