Los Angeles herald., 1910-06-29
PEARY SUIT TRIED
IN GERMAN COURT
Explorer Called on to Answer Suit
Brought by DR.. Cooks
Associate
QUESTIONS THE JURISDICTION
Claims of Plaintiff Placed in Cate
CORY with Those of the
Arctic Explorer
QUESTIONS THE JURISDICTION
Associated Press1

BERLIN, June 2S.-The charges con-
cerning the disposition of Arctic tro-
phies left by him at Etah, which DR..
Frederick A Cook made against Com
mander Robert e. Peary during the
height of the controversy over their
claims of 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 surrender 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, hav-
ing no domicile in this country. After
hearing the opening arguments, the
court adjourned to consider the point
of jurisdiction.
Commander Peary was served with
papers in the suit when he came here
recently to fill a lecture engagement.
At the time he said he would be unable
to remain here for the trial, and that
he had placed the matter in the hands
of American Ambassador Hill. Subse-
uuentlv Commander Peary returned to
the United states.
JUDGES HEAR CASE
Peary's interests were looked after
today by Attorney Jablonsmi, partner
of Victor Schneider, counsel to the
American embassy, while Herr Thiel
represented Francke The latter was
present. but was not called to the wit
ness stand. The proceedings were be
fore three judges of the provincial
court. In opening for the plaintiff
Thiel spoke for more than an hour, go
ing over the whole story of the equip
ment of Cooks expedition, the building
of the supply station at Etah-On the
far northwest coast of Greenland-the
hunting In that vicinity, Cooks depart
ure toward the pole, FranCke's illness,
the arrival of Peary, and Franckes re-
turn home in the Peary relief ship
Erik.
The lawyer asserted that Peary had
caused the plaintiff to turn over to him
certain blue fox skins. furs and mar
whal tusks as the only condition on
which he would take him from the
Arctic. where, If deserted, he believed
he would die
The attorney argued that the trans
action was illegal in that 1t was con-
summated under stress. He said that a
pair of narwhal tusks then given up
were later presented by Peary to Col.
Roosevelt, Wnlle SOIIle VI lllS bluC Iva
skins were given to President and Mrs.
Taft bv Mrs. Peary. Counsel claimed
that the German courts had jurisdic-
ton in the matter because Francke, a
German, was unable 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.
.sXNa 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 they had the same foundation as
did Cooks claim that he had been at
the north pole.