The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-03-24
The Giraffe and DR.. Spalding.
TO THE EDITOR OF THE HERALD.


am not in very appropriate mood for entering into
newspaper discusson and If the letter from Spading
Rogers published in the HERALD Of Saturday. was no,
calculated to mislesd the public and not probably
written for the purpose of prejudicng the jury q. the
coming trial should not reply to it. had interest
and tAiny desire to state thing but the simple
truth in relation any claim against those gentlemen
for the loss Of the giraffe As you win by the
closed copy Of the agreement between them and mysel
they hired the ANIMAL with the privilege OF buying it, 1t
drowned through their neglect and carelessness.
They offered 81 900 to settle it, This under the cir
cumstances, felt compelled to Decline and sued them
lot damages, Being unable to get my witnesses (who
travelling with exhibitions South and West) in time
fer the trial. temporarily withdrew the suit until their
turn. Spslding 4 Rogers then (for purposes which
must be apparently sued me, and in my put in
counter claim for damages, which precludes the
cessity for my suing them again. Thus the matter
stands. have perhaps, less interest in the matter
than my creditors have, whs through the srecsver"
will test and be affected by the judicial decison but
do not relish the idea Of being kicked and srepesened
because am helpless by those whose voluntary offers
have proved them to be my debtors.
they are not liable to pay for the giraffe with what
pnpa stuTe e1hSon ''0n'0
In my anxiety for speedy and just settlement OF the
question 10 dispute havs several occasions offered
to subn TO arbitration, which offers Dr. spaldng has
p SIT in addition to this note you should think
proper 10 publish the artcle Of agreement enclosed
it may be necessary to state that the giraffe landed
the Levee at New Orleans but wned before it
reached the FLOATING Palace" P. I. B.
ARTICLE OF AGREEMENT.
Gilbert r. Spading and Charles j. Rogers agrea to
hire for one year rsm p T. Barnum his largest giraffe
ard wagon, well the cage in which said giraffe
over from Europe They agree to pay said Barnum for
they agree to employ keeper for said giraffe who shall
be selected by said Barnum and to pay the
ana Travelling o. s SAID a keeper they also agree
suited the nature and habits of the animal and to
pay ali its expenses for travelling the expense OF ship
ping It, and ali other expenses incurred by during the
existence Of this contract II is agreed that Mess
Spsding Rogers shall have the privilege of purchasing
said giraffe, wagon and cage at any time within nine
months after the date Of It's shipment for the Of
S. 0OO less the amount that may have been paid r)r
tter hire up to the time of purchase. Messrs spadine
Shs 70 s may Ss 81
York New Orleans. Should the animal die at any
Terod between the time at which 1t may leave the dock
in New York and arrive at the Levee ut New Orleans,
then the said Barnum Is to retain the ST. 600 paid him
in advance, and to demand Should the
AZ iual die after reaching spslSog Rogers Flo.sins
Orleans, unless It's death occurs through the
neglect of said Spaldng Rogers, then said Barnum
of said giraffe except the hire 1t the rate Of $500
per month, up the time Of its death asaforesaid
agreed that spAld,ng Rogers, whin thirty DAYS
after the arrival Of said gaee ct New Orleans shall
pay to the said Barnum another 81 and subsequent
y pay to the said Barnum, at his Museum, in current
cy funds provided at their expense the remainder
fast may become due In regular monthly install
ments.
1t is agreed that the said spalding Rogers should
not purchase the giraffe they shall deliver at their
expense the animal cage &C, In good order, to said
Basnum either Cincinnati or Louisville, az said Bar
NUN may elect They to have the free USE In
New York Of whatver woodcuts may belong the said
Barnum and rsate to the said giarde.
Fer the considerations aforesaid the SAID Barnum
hereby agrees lease and hire the said gree wagon
and coge the said spadng Rogers for the period Of
enc year from the time they may be shipped at New
agrees sell the same upon the terms hsreinbefore
stacd-it beng understood that said giraffe shall be
shipped a. Aforesaid beard . steamer before
the 18th day Of December, 1854 undss the direction
said Barnum his agent, bat ar the expense Of said
Spacing h Rogers,
Witness haIoA and seals affixed, in the city Of New
York. the oath day Of November A. q. 1864. Sgne<
in Dr. esence of JOHN s. DusorIE.
SPALDNG b ROGERS,
p. T. BARNUM, by
JoHs 0amSwooD, Jr, Any.