Kingsbury County independent. (DeSmet, Kingsbury County, S.D.) 1894-1929, 1910-07-08
~
PEARY-COOk SUIT
DECADE 4 nEQMLM
I'LL VIlG n UluVIAV
COURT FOR TRIAL
Peary Is. Vigorously Assaulted in
Opening Address of the
Attorney for the
Plaintiff.

Berlin, June 30.-The charges con-
corning the disposition of Arctic tro-
phies left by him at Etan, 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 explorations, 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, hay-
ing no domicile In this city. After
hearing the opening arguments the
court adjourned to consider the point
of Jurisdiction.
Peary Was Duly Served.
Commander Peary was served with
papers In the suit when he came here
recently to I'LL a lecture engagement.
All the time he said he would be un-
able to remain here for the trial, and
that he had placed the matter liz the
hands of the American ambassador,
DIR. Hill. Subsequently Commander
Il q " az IN totC
Commander Peary's interests were
looked after today by Attorney Joblon-
mi, . partner {. S.csc.@ S.cSc-,
counsel to the American embassy,
while Herr Thiel represented Francke.
The latter was present, but was o
called to the witness stand.
The proceedings were before three
judges of the provincial court. In
opening for the plaintiff Thiel spoke for
more than an hour, going over the
whole story of the equipment of the
Cook expedition, the building OF the
supply station at Etah on the northwest
coast of Greenland, the hunting in that
vicinity, Cooks departure toward the
pole, Francke's illness, the arrival of
Peary and Francke's return home In
the Peary relief ship Erik.
The lawyer asserted hat Peary had
caused the plaintiff to urn over TO him
certain blue fox skins. furs and mar,
whal tusks as the only condition that
he would take him from the Arctic
where, IL deserted, he believed ne would
die.
Gift To Roosevelt.
The attorney argued that the trans
action was illegal In that 1t was on
summated under stress. He said that
a nair OF narwhal tusks hen given up
were later presented by Peary to Theo-
dore Roosevelt, while some OF the blue
fox skins were given to President Taft
and Mrs. Taft and Mrs. Peary.
Counsel claimed that the German
courts had Jurisdiction in the matter
because Francke, a German. was unable
to obtain redress in the United States.
Replying for the defense Herr Jablon-
ski insisted that the court had no
jurisdiction for the eason that Peary
had neither property nor home here.
1--WE consented" he said, ito appear
at the trial only because our absence
would have beer construed unfavor-
ably in some quarters"
Counsel denied the allegations OF
F'rancke from beginning to end and
said they had the same foundation as
did Cooks claim that he had been at
the north pole.