Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-06-28
Francke's Effort to Recover
Value of Arctic Trophies.
HEARD IN GERMAN COURT
Defense Sets Up the Claim OF Lack
of Jurisdiction.
COMPARED TO COOKS CLAIM
Counsel for Peary Denies Allega-
tions From Beginning to End.
Judges Considering Jurisdiction.

BERLIN. June 2s-The charges con-
corning the disposition of arctic trophies
left by him at Etah which DR.. Frederick
A. Cook made against Commander Robert
e. Peary during the height of the oontro-
versy over their claims of the discovery
Of the north pole were aired in a German
court today, when the suit Instituted
against Peary by Rudolph Francke was
opened.
Francke. who was associated with COOK
in polar exploration. demands $4,000 IN
satisfaction of prizes of the hunt which
he alleges Peary required him to surren-
der in consideration of bringing him back
to America.
The defense sets up a general denial and
further questions the jurisdiction OF the
court. on the grounds that the defendant
IS an American citizen. having no DOM
icile in this city. After hearing the open
ing arguments the court adjourned 10
consider the point of Jurisdiction
Commander cary was served with
papers in the suit when he came here
recently to fill a lecture engagement
At the time he said that he would
be unable to remain here for the trial,
and that he had placed the matter In
the hands of the American ambassa-
dor. DIR. Hill. Subsequently Commander
Peary returned to the United States
Francke Not Called.
Peary's interests were looked after
today by Attorney JablonskL partner
of Victor Schneider. counsel TO the
American embassy. while Herr Ihiei
represented Francke. The latter was
present, but was not called to the wit
ness stand.
The proceedings were peIore 'hree
judges of the provincial court In open
ing for the plaintiff Thiel spoke for more
than an hour. going over the whoie story
of the equipment of Cooks expeoitioh
and the building of the supply station at
Etah on the northwest coast of Green
land, the hunting in that vicinity, COOK
departure toward the pole, Franckes III
ness. the arrival Of Peary and Franckes
return home IN the Peary relief ship
Erik.
The lawyer asserted that Peary hao
caused the plaintiff to turn over to him
certain DiuS LO4 SkthS, AuiS anu ii@' "-'-~-
tusks az the only condition upon which
he would take him from the arctic.
where, IL deserted, ne believed he would
die. The attorney argued that the trans
action was illegal in that 1t was con-
sGmmated under stress
Gifts to Taft and Roosevelt.
He said that pair Of the narwhal
tusks then given up were later presented
by Peary to Theodore Roosevelt. while
some of the blue fox skins were given
tn President Taft and Mrs. Taft by Mrs.
Peary.
Counsel claimed that the German
courts had jurisdiction in the matter
because Francke. a German. was un-
able to obtain redress in the United
States.
Replying for the defense. Herr Jab-
lonski insisted that the court had no
jurisdiction for the reason that Peary
had neither property nor home here.
I'VE consented" he said. ito appear at
the trial only because our absence
would have been construed unfavorably
in some quarters.
Counsel denied the allegations of
Francke from beginning to end and
said that they had the same foundation
as did Cooks claim that he had been
at the north pole.